Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the amendments to the tribal-state gaming compacts entered into between the State of California and the Alturas Indian Rancheria, California, the Augustine Band of Cahuilla Indians, California, the Bear River Band of the Rohnerville Rancheria, California, the Berry Creek Rancheria of Maidu Indians of California, the Big Sandy Rancheria of Western Mono Indians of California, the Bishop Paiute Tribe, the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, the Cahto Tribe of the Laytonville Rancheria, the Cahuilla Band of Indians, the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, the Picayune Rancheria of Chukchansi Indians of California, the Pit River Tribe, California, the Redding Rancheria, California, the Resighini Rancheria, California, the Sherwood Valley Rancheria of Pomo Indians of California, the Soboba Band of Luiseno Indians, California, and the Table Mountain Rancheria to extend the terms of those compacts. The bill would provide that, in deference to tribal sovereignty, certain actions related to those amended compacts are not projects for the purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
(1) Existing law establishes the Safe Drinking Water Account to be available to the State Water Resources Control Board, upon appropriation by the Legislature, for the purpose of providing funds necessary to administer the California Safe Drinking Water Act. This bill would expand the use of available funds in the account to be used by the state board, upon appropriation by the Legislature, to include the administration of the Water Shutoff Protection Act. The bill would, subject to the availability of funding, require the state board to make funds available for providing training statewide to community water systems with between 15 and 200 service connections to assist in compliance with the Water Shutoff Protection Act. (2) Existing law, the Water Shutoff Protection Act, prohibits an urban and community water system, defined as a public water system that supplies water to more than 200 service connections, from discontinuing residential service for nonpayment, as specified, and requires specified procedures before it can discontinue residential service for nonpayment. Existing law defines a community water system as a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. Existing law requires an urban and community water system to have a written policy on discontinuation of residential service for nonpayment available in English, other designated languages, and any other language spoken by at least 10% of the people residing in its service area. This bill would expand the scope of the Water Shutoff Protection Act by requiring that it instead apply to a covered water system, defined to include specified water systems and suppliers, including a community water system. The bill would require a community water system, that is not otherwise required to comply, to comply with the act's provisions on and after August 1, 2024. The bill would instead apply the above-described language requirements for the written policy of discontinuation of residential service for nonpayment to a covered water system that serves 200 or more service connections. The bill would require a covered water system that serves fewer than 200 service connections to have a written policy on disconnection of residential service for nonpayment available in English, any language spoken by at least 10% of the people residing in its service area, and, upon request of a customer, other designated languages. The bill would authorize, as part of the act, the Attorney General, at the request of the board or upon the Attorney General's own motion, to bring an action in state court to restore to any person in interest any money or property, real or personal, that may have been acquired by any method, act, or practice prohibited by the act. The bill would make related changes.
(1) Existing law, the San Francisco Bay Area Regional Housing Finance Act, establishes the Bay Area Housing Finance Agency to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. Existing law requires the Bay Area Housing Finance Authority and executive board of the Association of Bay Area Governments to form an advisory committee composed of 9 representatives with knowledge and experience in the areas of affordable housing finance and development, tenant protection, and housing preservation. This bill would require the authority and executive board to form an advisory committee composed of at least 9 and no more than 11 representatives with knowledge and expertise in the areas of affordable housing finance, construction workforce, and development, tenant protection, and housing preservation. The act provides the authority with various powers, including the power to place a measure on the ballot to raise revenue and allocate funds throughout the San Francisco Bay area, apply for and receive grants or loans from public and private entities, incur and issue bonds and other indebtedness, and otherwise incur liabilities or obligations. The act authorizes the authority to allocate and deploy financing to cities, counties, other public agencies within the San Francisco Bay area and private affordable housing developers to finance affordable housing development, as specified. This bill would specify that the authority is limited to placing only one measure on the ballot per election. The bill would also authorize the authority to deploy financing to nonprofit corporations to finance affordable housing development, as specified. Existing law authorizes a city or county, or an agency created pursuant to a joint powers agreement, to issue revenue bonds to defray the costs of acquiring home mortgages or making loans to lending institutions in order to enable them to make home mortgages, and the costs of studies and surveys, insurance premiums, underwriting fees, legal, accounting and marketing services incurred in connection with the issuance and sale of bonds, as specified. This bill would authorize the authority to issue mortgage revenue bonds, pursuant to provisions described above; acquire, hold, develop, operate, and dispose of real property; and create one or more California limited liability companies of which the authority is the sole member. (2) 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. This bill would exempt from CEQA any actions taken by the authority to raise, administer, or allocate funding for tenant protection, affordable housing preservation, or new affordable housing production or to provide technical assistance consistent with the authority's purpose. (3) Existing law authorizes the executive board of the authority to impose a commercial linkage fee, as defined, in an amount not to exceed ten dollars ($10) per square foot, within the San Francisco Bay area, as specified. Existing law requires the expenditures of proceeds from a commercial linkage fee be limited to affordable housing production, preservation, and tenant protection programs. This bill would authorize the expenditures of proceeds from a commercial linkage fee to include the authority's related administrative costs. (4) The act defines "authority revenues" to include, without limitation, revenues generated by any special tax, fee, or charge imposed by the authority, other than ad valorem property taxes. Existing law, the Revenue Bond Law of 1941, requires a local agency to annually publish a summary statement showing, among other things, the amount of gross revenues from revenue bonds. This bill would revise and recast the definition of "authority revenue" to also include loan repayments, investment income, or income derived from the ownership or operation of real property. The bill would provide for prioritization of spending of authority revenues. The bill would require the authority to publish the above-described summary statement not more than 9 months after the close of each fiscal year. (5) Existing law requires the authority to distribute regional housing revenue, as defined, in the form of a grant, loan, or other financing tool in a manner that achieves certain minimum shares over 5-year periods. In this regard, existing law requires 5% of those regional housing revenues for tenant protection programs for low- and moderate-income households, which includes, among other things, preeviction and eviction legal services and providing emergency rental assistance for lower income households. This bill would include homelessness prevention services, as specified, as an eligible expense under tenant protection programs for low- and moderate-income households. (6) Existing law requires the authority to distribute funds received through the authorized funding measures according to specified provisions, which in part require each county to adopt a county expenditure plan applicable to county housing revenue. Existing law requires, in order for the expenditure plan to be deemed complete, the expenditure plan to specify, among other things, a description of any specific project or program proposed to receive funding. This bill would additionally require the plan to demonstrate that the county has consulted with each city in the county, excluding cities that receive a direct allocation. (7) Existing law requires, if the authority proposes a measure that will generate revenues and that requires voter approval, the board of supervisors of the relevant county or counties to call a special election on the measure. Existing law requires each county included in the measure to use the exact ballot question, impartial analysis, and summary of the expenditure plan provided by the authority. Existing law requires these materials to include, among other things, an estimate of the number of affordable housing units to be built or preserved by household income category served, and a description of any specific projects planned to be funded. This bill would instead require each county included in the measure to use the election materials provided by the authority, including the exact ballot question, impartial analysis, and full text of the ballot measure for inclusion in the voter information pamphlet. The bill would make conforming changes. By changing the duties of local officials with respect to elections procedures for revenue measures on behalf of the authority, this bill would impose a state-mandated local program. (8) 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 establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law requires the court to make a determination, throughout various hearings in the juvenile dependency process, including at the 6-month review hearing, the 12-month permanency hearing, and subsequent permanency review hearings, as to whether the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. Under existing law, the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs is considered prima facie evidence at these hearings that return would be detrimental. This bill would delete these provisions requiring the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs to be considered prima facie evidence at specified review hearings. This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by AB 937 to be operative only if this bill and AB 937 are enacted and this bill is enacted last.
Existing law, until January 1, 2024, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $8,300,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2024, deletes the aggravating factor of property damage and other losses in excess of $8,300,000 from the definition of aggravated arson. This bill would increase the dollar amount of property damages and other losses required to be an aggravating factor to $10,100,000, exclusive of damage to, or destruction of, inhabited dwellings. The bill would extend the operation of the former aggravated arson offense until January 1, 2029. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages and other losses as an aggravating factor until January 1, 2029. By extending the operation of law defining a 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, the Song-Beverly Consumer Warranty Act, provides a comprehensive set of procedures for the enforcement of express and implied warranties on consumer goods, as defined. Under existing law, every manufacturer making an express warranty with respect to an electronic or appliance product, including televisions, radios, audio or video recording equipment, major home appliances, antennas, and rotators, with a wholesale price to the retailer of not less than $50 nor more than $99.99 is required to make available to service and repair facilities sufficient service literature and functional parts to effect the repair of the product for at least 3 years after the date a product model or type was manufactured, regardless of whether the 3-year period exceeds the warranty period for the product. Existing law also requires every manufacturer making an express warranty with respect to an electronic or appliance product, as described above, with a wholesale price to the retailer of $100 or more, to make available to service and repair facilities sufficient service literature and functional parts to effect the repair of the product for at least 7 years after the date a product model or type was manufactured, regardless of whether the 7-year period exceeds the warranty period for the product. This bill would enact the Right to Repair Act. The bill would require, except as specified and regardless of whether any express warranty is made, the manufacturer of an above-described electronic or appliance product, in the above-described circumstances, and in those same circumstances but sold to others outside of direct retail sales, to make available, on fair and reasonable terms, to product owners, service and repair facilities, and service dealers, the means, as described, to effect the diagnosis, maintenance, or repair of the product, as provided. The bill would also require a service and repair facility or service dealer that is not an authorized repair provider, as defined, of a manufacturer to provide a written notice of that fact to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product, and to disclose if it uses replacement parts that are used or from a supplier that is not the manufacturer. The bill would also authorize a city, a county, a city and county, or the state to bring an action in superior court to impose civil penalties on a person or entity for violating the Right to Repair Act, as provided. The bill would make these requirements and enforcement provisions operative on July 1, 2024.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law, for purposes of involuntary commitment, defines "gravely disabled" as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of "gravely disabled" to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill would also expand the definition of "gravely disabled," as it applies to specified sections, to include, in addition to the basic needs described above, the inability for a person to provide for their personal safety or necessary medical care as a result of chronic alcoholism. The bill would authorize counties to defer implementation of these provisions to January 1, 2026, as specified. The bill would make conforming changes. To the extent that this change increases the level of service required of county mental health departments, the bill would impose a state-mandated local program. Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Under this bill, for purposes of an opinion offered by an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be made inadmissible by the hearsay rule under specified conditions. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel. Existing law requires the State Department of Health Care Services to collect data quarterly and publish, on or before May 1 of each year, a specified report that includes, among other things, the number of persons for whom temporary conservatorship are established in each county and an analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided, as specified. This bill would, beginning with the report due May 1, 2024, require the report to also include the number of persons admitted or detained, as specified, for conditions that include, among others, grave disability due to a mental health disorder, severe substance use disorder, or both a mental health disorder and a severe substance use disorder. 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 Water Resources to make examinations of lands subject to inundation and overflow by floodwaters and of the waters causing the inundation or overflow and to make plans and estimates of the cost of works to regulate and control the floodwaters. Existing law also vests in the department charge of all expenditures unless otherwise provided by law for all public works relating to general river and harbor improvements, including reclamation and drainage of lands. Existing law authorizes the department to cooperate and contract with any agency of the state or of the United States in order to carry out its powers and purposes. Existing law establishes the Central Valley Flood Protection Board and authorizes the board to engage in various flood control activities along the Sacramento River, the San Joaquin River, their tributaries, and related areas. This bill would authorize the department or the board to provide advance payments, as defined, to local agencies for projects that restore habitat for threatened and endangered species under state or federal law or improve flood protection, as provided. The bill would prohibit the amount of funds advanced by the department or the board to the local agency at any one time from exceeding 25% of the entire amount authorized to be provided under the funding agreement. The bill would require the project proponent to demonstrate a need for an advance payment and that the project proponent is sufficiently qualified to manage the project and the project's finances. The bill would require the funds to be spent within 6 months and would require the recipient to provide an accountability report to the department or the board on a quarterly basis, as specified.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature. The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendant's crime was caused, in whole or in part, by the defendant's SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendant's participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified. The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participant's request, as specified. If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant's record. Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception. This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions. Existing law establishes 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, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution. This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services are not reimbursable under the Medi-Cal program or through the participant's personal health care coverage, the bill would authorize funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, to be used to reimburse those treatment services to the extent consistent with the terms of the settlement agreement and the court's final judgment, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Sacramento and Yolo.
The Unfair Competition Law (UCL) makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice. Existing law regulates consumer refunds specific to certain industries under specified circumstances. This bill would require a hotel, third-party booking service, hosting platform, or short-term rental, as defined, to allow a reservation for a hotel accommodation or a short-term rental located in California to be canceled without penalty for at least 24 hours after the reservation is confirmed if the reservation is made 72 hours or more before the time of check-in. This bill would require, if a consumer cancels a reservation pursuant to that provision, the hotel, third-party booking service, hosting platform, or short-term rental to issue a refund to a consumer for all amounts paid to the hosting platform, hotel, third-party booking service, or short-term rental to the original form of payment within 30 days of the cancellation of the reservation. This bill would authorize certain public attorneys, including the Attorney General, to bring an enforcement action, as provided. The bill would require a court to impose a civil penalty of not more than $10,000 for each violation pursuant to consideration of specified factors. The bill would exempt certain types of reservations from its provisions, including a reservation made for a negotiated rate that was not advertised, or otherwise made available, for booking by the general public.