Photo of Denise Moreno Ducheny
D California Senate · District 40

Sen. Denise Moreno Ducheny

Compare
Total votes
18,134
all sessions
Attendance
94%
1,031 missed
Near the chamber average
With party
98%
of cast votes
Near the chamber average
Bipartisan score
1%
crosses aisle rarely
Lower than 78% of chamber peers
Sponsored
935
bills & resolutions
Higher than 75% of chamber peers
Committees
0
assignments
935 bills and resolutions

Sponsored bills

Total
935
Primary
289
Co-sponsor
646
This page
935
matching current filters
Primary SB 959
Vetoed · California Senate · Lead sponsor
Development: expedited permit review.

(1) The Permit Streamlining Act requires each state agency and local agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project, and requires a public agency that is the lead agency for a development project, or a public agency which is a responsible agency for a development project that has been approved by the lead agency, to approve or disapprove the project within applicable periods of time. The act also requires any state agency which is the lead agency for a development project to inform the applicant that the Office of Permit Assistance has been created to assist, and provide information to, developers relating to the permit approval process. This bill would require the office to provide information to developers explaining the permit approval process at the state and local levels, or assisting them in meeting statutory environmental quality requirements, as specified, and would prohibit the office or the state from incurring any liability as a result of the provision of this assistance. The bill would require the office to assist state and local agencies in streamlining the permit approval process, and an applicant in identifying any permit required by a state agency for the proposed project. The bill would authorize the office to call a conference of parties at the state level to resolve questions or mediate disputes arising from a permit application for a development project. The bill would require that the office be located exclusively in Sacramento, and to consist of no more than 4 personnel through 2013. This bill would require the office to develop guidelines providing technical assistance to local agencies for the establishment and operation of an expedited development permit process, and would require the guidelines to contain specified components. The bill would also require the office, upon appropriation by the Legislature, to provide grants and technical assistance to cities and counties for the establishment of an expedited development permit process according to the guidelines. The bill would further require a city or county that receives a grant to enact an ordinance adopting an expedited development permit process according to the guidelines within 10 months of the date of receipt of the grant. This bill would also require the office, in consultation with the Natural Resources Agency and the California Environmental Protection Agency, to develop a consolidated project information form to be used by applicants for development projects. The bill would require the form to collect sufficient information to allow the office to determine the state agencies that have permitting requirements applicable to the development project for which the form was submitted. This bill would authorize the office to charge the applicant fees for the above-described services, not to exceed the estimated reasonable cost of their provision, and would require the office to adopt or amend regulations to provide for these fees prior to charging or levying them. The bill would require a city, county, or city and county with a population of 100,000 or more, upon the request of an applicant, to designate an administrative entity, as defined, to serve as the applicant's single point of contact with the local agency with respect to all applications and permits required by the local agency for the applicant's commercial or industrial development project. The administrative entity would be required to provide the applicant information regarding the status of, and to coordinate the review and decisionmaking process with respect to, the applications and permits required by the local agency for the development project. The bill would require the administrative entity, upon the request of the applicant, to coordinate with the office regarding any applications or permits required by the state for the development project. The bill would authorize a city, county, or city and county to charge a fee to defray costs incurred by the administrative entity in providing the above-described services to the applicant. By establishing a new requirement on specified local agencies, this 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 no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Vetoed Nov 30, 2010 0 co-sponsors
Co-sponsor SB 1460
Vetoed · California Senate · Co-sponsor
Student financial aid: eligibility: California Dream Act of 2010.

(1) Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision. (2) The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. In any action in which a state court finds that a specified law, or any similar provision adopted by the regents, is unlawful, existing law authorizes the court to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action, as equitable relief, prohibits the award of money damages, tuition refund or waiver, or other retroactive relief, and provides that the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit. This bill would amend the Donahoe Higher Education Act, as of July 1, 2011, to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the regents, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described in (1) above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. If a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, this bill would provide that the same limitations described above would apply. This bill would further provide that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. Existing federal law requires that a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility. This bill would find and declare that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision. (3) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction, for prescribed fees, at community college campuses throughout the state. Existing law authorizes the waiver of these fees for, among others, students who are eligible under income standards established by the board of governors. This bill, as of July 1, 2011, would require community college districts to waive the fees of persons who are exempt from nonresident tuition under the provision described in (1) above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill would impose new duties on community college districts with respect to determining eligibility for fee waivers, the bill would constitute a state-mandated local program. (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, 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 these statutory provisions.

Vetoed Nov 30, 2010 1 co-sponsor
Co-sponsor SCR 123
Failed · California Senate · Co-sponsor
Relative to the Mexican bicentennial celebration.

This measure would recognize the importance of celebrating the birth and independence of Mexico and honoring and invigorating the spirit of friendship, understanding, and cooperation that characterizes the California-Mexico relationship.

Failed Nov 30, 2010 1 co-sponsor
Co-sponsor SB 1293
Failed · California Senate · Co-sponsor
Environment: guidelines: vegetation management projects.

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 requires the Office of Planning and Research to prepare and develop guidelines for the implementation of CEQA by public agencies. This bill would require the office, on or after January 1, 2011, at the time of the next update of the guidelines for implementing CEQA, in cooperation with the Department of Forestry and Fire Protection, to prepare, develop, and transmit to the Secretary of the Natural Resources Agency recommended proposed changes or amendments to the initial study for the inclusion of questions related to vegetation management projects to reduce fire hazards that are located in state responsibility areas and high fire hazard severity zones. This bill would also require the Secretary of the Natural Resources Agency to certify and adopt these recommended proposed changes or amendments. This bill would declare that it is to take effect immediately as an urgency statute.

Failed Nov 30, 2010 1 co-sponsor
Primary SB 289
Vetoed · California Senate · Lead sponsor
Hospitals: seismic safety.

Existing law provides for the licensure of health facilities, including general acute care hospitals, by the State Department of Public Health. This bill would require an individual or entity, that seeks initial approval to operate or manage a general acute care hospital, to file with the department, and provide to other specified entities, a statement that describes the plan for the hospital to comply with the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, as specified. This bill would also require a person, political subdivision of the state, or governmental agency desiring a license for a general acute care hospital, to file with the department a statement that it has complied with the requirements of the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 and has received approval pursuant to that act. The bill would prohibit the department from issuing the license until this requirement is satisfied. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law authorizes the office to assess an application fee for the review of facilities design and construction, and requires that full and complete plans be submitted to the office for review and approval. Existing law requires that, after January 1, 2008, any general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life be used only for nonacute care hospital purposes, except that the office may grant a 5-year extension of that deadline, under prescribed circumstances, for both structural and nonstructural requirements. Existing law also authorizes the office to grant an additional extension if the hospital building meets designated criteria, including appropriately retrofitting the facility, as specified. This bill would, among other things, revise the conditions that a hospital owner would be required to meet in order for the office to grant an additional extension. This bill would authorize the department to revoke the extension if the construction is abandoned or suspended for at least 6 months, except as specified. This bill would authorize the office to grant a 3-year extension of the 5-year extension in lieu of the previously described additional extension under specified conditions. It would require a hospital owner that applies for an extension authorized pursuant to this bill to pay to the office a fee for reporting requirements for this extension. Because all fees paid to the office are deposited into the continuously appropriated Hospital Building Fund, the bill would make an appropriation. This bill would provide that the 3-year extension provisions proposed to be added by this bill would not become operative if both this bill and SB 608 are enacted, both bills add Section 130064 to the Health and Safety Code, and SB 608 is chaptered last. This bill would require a hospital that has an SPC-1 building to post a specified sign at all public entrances to the building and certify to the office that it has complied with specified requirements. It would also subject a hospital, that fails to post pursuant to the requirement, to civil penalties. This bill would incorporate additional changes in Section 130064 of the Health and Safety Code, as proposed by SB 608, that would become operative only if SB 608 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.

Vetoed Nov 30, 2010 0 co-sponsors
Co-sponsor SB 261
Failed · California Senate · Co-sponsor
Water use: water management plans.

(1) Existing law requires the Department of Water Resources to convene an independent technical panel to provide information to the department and the Legislature on new demand management measures, technologies, and approaches. "Demand management measures" means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. Existing law requires urban water suppliers to prepare and adopt urban water management plans with specified components. This bill would require a retail urban water supplier, as defined, to develop and implement an urban water conservation plan, including prescribed components, or achieve high-efficiency water use, as defined. The bill would impose various requirements for the contents of these plans, and would require a retail urban water supplier to update its water conservation plan on a specified schedule. The retail urban water supplier or other specified entities acting on behalf of the retail urban water supplier, would be required to submit reports for purposes of determining progress towards achieving a prescribed water conservation goal. The bill would require specified competitive grant and loan programs to provide financial incentives to retail urban water suppliers to support water use efficiency and local water resources management measures. The bill also would require the board and the department, not later than April 1, 2010, to convene a task force to develop best management practices for commercial, industrial, and institutional water uses for the purpose of achieving a specified reduction in water use by 2020. (2) The Agricultural Water Management Planning Act, until January 1, 1993, and thereafter only as specified, requires certain agricultural water suppliers to prepare and adopt water management plans. This bill would substantially revise the act to require an agricultural water supplier, as defined, to prepare and adopt an agricultural water management plan with specified components on or before December 31, 2012, and update that plan every 5 years, as specified. An entity, as defined, that becomes an agricultural water supplier after December 31, 2012, would be required to prepare and adopt an agricultural water management plan within 2 years after becoming an agricultural water supplier. The bill would require an agricultural water supplier to submit copies of the plan, or provide a specified written notice, to the department and other specified entities. The bill would provide that an agricultural water supplier is ineligible to receive specified state funds if the supplier does not prepare, adopt, and submit the plan in accordance with the requirements established by the bill.

Failed Nov 30, 2010 1 co-sponsor
Primary SCA 14
died · California Senate · Lead sponsor
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 8 of Article II thereof, relating to initiatives.

The California Constitution provides that the electors may propose statutes or amendments to the state constitution through the initiative process by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by a certain number of electors. This measure would prohibit an initiative measure that would result in a net increase in state or local government costs other than costs attributable to the issuance, sale, or repayment of bonds, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs.

died Nov 30, 2010 0 co-sponsors
Primary SB 309
Vetoed · California Senate · Lead sponsor
Public resources: conservation corps.

Existing law requires the California Conservation Corps to select young men and women for participation in the corps program on the basis of motivation for hard work, personal development, and public service, and without regard to their prior employment or educational background. This bill would require preference for inclusion in corps membership to be given to emancipated foster youth and at-risk youth.

Vetoed Nov 30, 2010 0 co-sponsors
Primary SB 365
Failed · California Senate · Lead sponsor
State Allocation Board: Office of Public School Construction.

Existing law establishes the State Allocation Board (board) and specifies its membership and duties. Existing law establishes numerous responsibilities for the board with respect to the allocation and expenditure of state funds for the construction of public school facilities. Existing law provides that the board consists of the Director of Finance, the Director of General Services, a person appointed by the Governor, the Superintendent of Public Instruction, and 3 members from each house of the Legislature. Existing law establishes the Office of Public School Construction in the Department of General Services, and specifies the duties and officers of that agency. This bill would retain the Superintendent, or his or her designee, as a member of the board, but would increase the number of gubernatorial appointments to the board to 4, specifying that these appointees would serve staggered terms, and would be required to have expertise in educational facilities construction, engineering, architecture, or finance, or expertise in compliance with the federal Americans with Disabilities Act or other planning and construction standards for pupils with special needs. The bill would make the Director of Finance and the Director of General Services, or their respective designees, nonvoting members of the board. The bill would authorize the board to appoint its own legal counsel, or seek legal assistance from the Office of the Attorney General, on and after July 1, 2010. The bill would transfer the functions, officers, and employees of the Office of Public School Construction from the Department of General Services to the board, effective July 1, 2010, and would provide for the retention of the civil service rights of those employees.

Failed Nov 30, 2010 0 co-sponsors
Showing 11 to 20 of 935 bills