A Look Ahead: Week of June 17, 2019

Friday, June 14, 2019

This report lists selected significant bills from the June 17th Daily File that are scheduled to be heard in Senate policy committees next week.

Agriculture

Tuesday, June 18
9:30 a.m., Room 113

AB 450 (Arambula)--Imposes the same notification requirements on apiary (beehive) owners relocating a colony of bees within a county as those required for relocating colonies to other counties. Specifically, imposes the same 72-hour reporting requirement and exempts information provided by this reporting from California Public Records Act.

AB 417 (Arambula)--Enacts the Agriculture and Rural Prosperity Act which will require the Secretary of the Department of Food and Agriculture (CDFA) to carry out specified activities to support rural communities and further the development of rural agricultural economies in California.

AB 590 (Mathis)--Revises and recasts a number of laws relative to the state's milk marketing order, Milk Producers Security Trust Fund, and Dairy Council of California, that are necessary changes as a result of a recently enacted Federal Milk Marketing Order  which preempts state laws.

AB 858 (Levine)--Adds to the California Department of Food and Agriculture (CDFA) type1C (specialty cottage) cannabis cultivation license a limit of 2,500 square feet of canopy for an outdoor grow and makes a clarifying fix to CDFA’s determination of cannabis appellations.

AB 1086 (Bauer-Kahan)--Codifies but makes significant changes to the State Water Efficiency and Enhancement (SWEEP) program, whereby grants are provided to farmers for water efficiency improvements.

Banking and Financial Institutions

Wednesday, June 19
1:30 p.m., Room 112

AB 376 (M. Stone)--Imposes new requirements on persons engaged in student loan servicing, including the timely posting, processing, and crediting of student loan payments within certain timeframes, applying overpayments consistent with the best interest of a student loan borrower, applying partial payments to minimize late fees and negative credit reporting, maintaining accurate records, timely processing of paperwork, and diligently overseeing service providers. Allows a consumer who suffers damages as a result of a person’s failure to comply with these provisions to bring an action for actual damages, injunctive relief, restitution, punitive damages, attorney’s fees, and other relief, including treble damages in certain circumstances.

AB 857 (Chiu)--Allows local agencies to establish and own a public bank, required to comply with all requirements in state law that apply to commercial banks.  Requires any such public bank to be FDIC insured, and requires a local agency to conduct a study prior to submitting an application to organize and establish such a public bank.  Includes intent language that public banks shall partner with local financial institutions, such as credit unions and local community banks, and shall not compete with local financial institutions, yet provides public banks are to be exempt from franchise and income taxes, thus providing a public bank a competitive advantage over local financial institutions such as credit unions and local community banks.

Business, Professions & Economic Development

Monday, June 17
12 Noon and upon adjournment of Session, if necessary, Room 3191

AB 23 (Burke)--Requires the Office of the Small Business Advocate to collaborate and coordinate with specified workforce development entities to determine the extent to which existing workforce development efforts and programs address the labor needs of small businesses across industry sectors and regions in the state, and to engage industry and businesses on ways to better align career technical education courses, workforce training programs, and pre-apprenticeship and apprenticeship programs with regional and local labor market demand. Establishes within the Office of the Small Business Advocate a Deputy of Business and Workforce Coordination.

AB 245 (Muratsuchi)--Creates the California Aerospace and Aviation Commission within the Governor's Office of Business and Economic Development to serve as the central point of contact for businesses engaged in the aerospace and aviation industries and to support the health and competitiveness of these industries in California.

AB 588 (Chen)--Requires an animal shelter or a rescue group that knows a dog bit a person and broke that person's skin to provide written notice about the dog's bite history and the circumstances related to the bite before selling, giving away, or transferring the dog to a person, and to obtain a signed acknowledgment from that person that this information has been provided. Subjects an animal shelter, rescue group, or a public animal control agency to a maximum fine of $500 for violating the bill's provisions.

AB 1340 (Chiu)--Requires the California Bureau of Private Postsecondary Education (BPPE) to implement and enforce the federal gainful employment rule for institutions subject to its oversight. Requires institutions, as a condition for approval to operate, to annually report student-specific data and student loan data to the BPPE once the BPPE determines its information technology system is capable of processing the data required under this bill. Requires the BPPE to use this data to match quarterly wage data from the Employment Development Department to determine the debt-to-earnings rates measure for gainful employment. Prohibits institutions from enrolling new California residents if the program receives a “fail” rating for specified number of years, based on the program’s federal debt-to-earnings rate.

AB 1343 (Eggman)--Prohibits, beginning January 1, 2023, a private postsecondary educational institution from enrolling new California residents, unless the institution meets either the requirement that no more than 85 percent of the institution’s tuition revenue is derived from student financial aid provided by a federal agency or the requirement that no less than 50 percent of the institution’s tuition revenue is dedicated to student instruction and student support. Exempts an institution with annual revenues of less than $2.5 million.

Education

Wednesday, June 19
9:00 a.m., Room 4203

AB 28 (Obernolte)--Establishes the State Seal of STEM to recognize high school graduates who have attained proficiency in fields of study within the subjects of science, technology, engineering, and mathematics (STEM).

AB 48 (O’Donnell)--Creates the Kindergarten-Community Colleges Public Education Facilities Bond Acts of 2020 and 2022 as state general obligation bond acts. Proposes $13 billion for 2020, but does not specify any amount for the 2022 bond. Increases bond capacity for hardship qualification from $5 million to $10 million. Requires the State Allocation Board to provide grants for construction or modernization of preschool classrooms at public schools. Adds preschools, wellness centers, and theaters as eligible for joint-use funds. Does not specify how funds will be allocated among segments (e.g. P-12 and community colleges) or proposed programs (e.g. new construction, modernization, preschools, joint-use facilities, charter schools or career technical programs).

AB 197 (Weber)--Mandates all public schools (including charter schools) that offer kindergarten to adopt at least one full-day kindergarten program by the 2022-23 school year.

AB 302 (Berman)--Requires, if a community college campus has parking facilities on campus, the governing board of the community college district to grant overnight access to those facilities to any homeless student for the purpose of sleeping in the student’s vehicle overnight.

AB 711 (Chiu)-- 1)--Mandates a local education agency (LEA) that receives government-issued documentation demonstrating that a former pupil’s legal name or gender has been changed to update the former pupil’s records accordingly. 2) Requires, at the request by the former pupil, that the school district reissue any documents (e.g., transcript or diploma) conferred upon the former pupil with the former pupil’s updated legal name or gender.

Elections and Constitutional Amendments

Tuesday, June 18
9:30 a.m., Room 112

AB 201 (Cervantes)--Provides that mass campaign text messages that support or oppose a candidate or ballot measure must disclose the name of the candidate or committee that paid for it, and provide a hyperlink to a website containing more information about the candidate or committee and its top three donors, where applicable.  Includes text messages sent by candidate-controlled and political party committees.  Requires the website to remain accessible to the public until 30 days after the election.

AB 504 (Berman)--Requires county election officials to send a forwardable postcard to voters who were previously placed on the inactive list due to their failure to vote and to respond to a residency confirmation postcard. Requires county election officials to cancel the registration of inactive voters who fail to respond to the second postcard, and who do not offer to vote in either of the next two federal elections. Allows voters to confirm their continued residency on the Secretary of State's website instead of by returning a postcard.

AB 693 (Berman)--Allows persons who simultaneously register and vote during the 14 days up to and including Election Day (same-day-registration) to vote a live ballot -- rather than a provisional ballot -- if there is no indication, using the statewide VoteCal database, that the person has already voted in that election or is registered to vote in another county.

AB 849 (Bonta)--Revises and standardizes the criteria and process to be used by cities and counties when they draw district lines for their governing bodies. Requires these jurisdictions to respect the geographic integrity of local neighborhoods and communities of interest to the extent practicable. Prohibits inmates of state correctional facilities from being counted in the jurisdiction’s population. Establishes substantial new public hearing requirements and outreach, language assistance, and public notice requirements for districts transitioning from at-large to district-based elections, or when adjusting district boundaries following the federal decennial census.

AB 1043 (Irwin)--Provides that campaign funds may be used for costs related to the cybersecurity of electronic devices of a candidate, elected officer, or campaign worker.

AB 1451 (Low)--Makes it a criminal offense to pay initiative, referendum, or recall petition circulators on a per-signature basis. Makes proponents liable for a fine of up to $25,000, or a year in jail, or both. Requires initiative proponents to obtain 10% of all signatures needed to qualify a measure for the ballot from non-paid, volunteer circulators. Provides an exemption from the 10% volunteer circulator requirement for unions and other non-profit organizations that obtain signatures with their paid members and employees. Requires petitions circulated by paid circulators to be printed on non-white paper with a prominent notice stating that the circulator is being paid to gather signatures. Requires petitions circulated by volunteers, and by members and employees of unions and other non-profit organizations, to be printed on white paper with a declaration stating that the circulator does not receive money or other valuable consideration for soliciting signatures.

AB 1707 (Berman)--Provides that persons may use a smartphone, tablet, or other handheld device at a polling place, so long as their use of the device does not result in the violation of other provisions of the Elections Code (e.g., to coerce or intimidate voters).

Energy, Utilities & Communications

Tuesday, June 18
9:00 a.m., Room 3191

AB 178 (Dahle)--Exempts residential construction in areas where a state of emergency has been declared from the new photovoltaic system requirements, if specified conditions are met.

AB 560 (Santiago)--Prohibits the use of ratepayer funds for expenses associated with assisting or deterring union organizing.

AB 1144 (Friedman)--Allocates 10% of the funds collected for the Self-Generation Incentive Program in the 2020 calendar year for the installation of energy storage and other distributed energy resources for customers that provide critical infrastructure in high fire threat districts.

AB 1168 (Mullin)--Requires each public safety answering point to deploy text to 911 services by January 1, 2021.

Environmental Quality

Wednesday, June 19
9:30 a.m., Room 3191

AB 126 (Cooper)--Imposes income caps for individuals applying for rebates under the Clean Vehicle Rebate Program. Requires that a plug-in hybrid must have an all-electric range of at least 40 miles to be eligible for a rebate. Increases rebates for low-income individuals who purchase an eligible vehicle by $500.

AB 142 (C. Garcia)--Creates a $2 per battery tax on manufacturers of lead-acid batteries sold at retail beginning 4/1/2022. Prioritizes tax revenues for contamination cleanup. Requires a battery industry association to perform a lead-acid battery recycling awareness campaign using tax revenues.

AB 206 (Chiu)--Provides that a property owner who voluntarily participates in a lead paint abatement program, and all public entities, shall be immune from liability in any lawsuit where a responsible party seeks to recover any cost associated with a lead paint abatement program from a property owner or public entity.

AB 1162 (Kalra)--Prohibits hotels from providing small plastic bottles containing personal care products to guests.

AB 1195 (O’Donnell)--Allows for a Low-Carbon Fuel Standard credit to be generated whenever crude oil is produced or transported to refineries using "innovated methods" such as renewable natural gas or biogas energy.

AB 1197 (Santiago)--Provides a CEQA exemption for projects approved or carried out by the City of Los Angeles which provide supportive housing and funded by general obligation bonds issued under Measure HHH, as well as emergency shelters funded by the Homeless Emergency Aid Program.

AB 1788 (Bloom)--Severely limits the use of second generation anticoagulant rodenticides throughout the state, with exemptions for agricultural use. Prohibits the use of first generation anticoagulant rodenticides on state-owned property.

Governance & Finance

Wednesday, June 19
9:30 a.m., Room 112

AB 133 (Quirk-Silva)--Lowers the state’s interest rate on property tax postponement repayments from 7% per annum to 5% per annum, and makes other changes to the program.

AB 305 (Nazarian)--Extends, until December 31, 2026, the authority of joint powers authorities (JPAs) to issue rate reduction bonds to finance publicly owned utility projects.

AB 600 (Chu)--Provides that an application to annex a contiguous disadvantaged community is not required if the Local Agency Formation Commission finds that a majority of the registered voters within the affected disadvantaged unincorporated community would prefer to address the service deficiencies through an extraterritorial service extension.

AB 784 (Mullin)--Authorizes a partial sales and use tax (SUT) exemption for the purchase of zero-emission technology medium- or heavy-duty transit bus eligible for the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project. Requires the Legislative Analyst’s Office to review the effectiveness of the SUT exemption.

AB 945 (McCarty)--Increases the cap on the amount of surplus fund that local agencies can invest in certain deposits. This bill also removes the January 1, 2021, sunset date on the ability to make these types of deposits.

AB 1118 (Blanca Rubio)--Requires the Governor's Office of Planning and Research (OPR) to address livability issues for older adults in the General Plan Guidelines.

AB 1257 (Salas)--Explicitly exempts from state and local sales taxes adaptive automotive equipment needed for disabled veterans. 

AB 1590 (Rubio)--Provides a state income tax credit equal to the lesser 3% of the purchase price of a principal residence or $5,000 for first-time homebuyers who earn 120% or less of the median income and purchase in a disadvantaged community. Limits the tax credit to $50 million.

Health

Wednesday, June 19
1:30 p.m., Room 4203

AB 35 (Kalra)--Requires the State Department of Public Health to consider a report from a laboratory of an employee’s blood lead level at or above 20 micrograms per deciliter to be injurious to the health of the employee and to report that case within 5 business days of receiving the report to the Division of Occupational Safety and Health (division). Further provides that the above-described report would constitute a serious violation and subject the employer or place of employment to an investigation, as provided, by the division, and would require the division to make any citations or fines imposed as a result of the investigation publicly available on an annual basis.

AB 43 (Gloria)--Requires the State Department of Health Care Services, the Department of Finance, the Controller, and any other state agency, to provide the Mental Health Services Oversight and Accountability Commission with the information necessary to support the implementation of the reporting requirements for information on mental health funding, mental health programs, services, and strategies, funded by the Mental Health Services Act or other sources, and mental health outcomes, as specified.

AB 262 (Gloria)--Requires a local health officer, during an outbreak of a communicable disease, or upon the imminent and proximate threat of a communicable disease outbreak or epidemic that threatens the public’s health, to notify and update governmental entities within the health officer’s jurisdiction about certain communicable diseases that may affect them, if, in the opinion of the local health officer, action or inaction on the part of the governmental entity might affect outbreak response efforts.

AB 377 (E. Garcia)--Modifies the conditions for a city, county, or city and county to permit microenterprise home kitchen operations within its jurisdiction.

AB 785 (Bloom)--Requires a gamete bank to collect and maintain, in addition to the identifying information and medical information described above, any other contact information provided by the donor at the time of the donation and records of gamete screening and testing.

AB 914 (Holden)--Requires, subject to federal approval, for individuals under 26 years of age, the suspension of Medi-Cal eligibility to end either on the date that the individual is no longer an inmate of the public institution or is no longer otherwise eligible for benefits under the Medi-Cal program, whichever is sooner.

AB 954 (Wood)--Authorizes a health care service plan or health insurer that issues, sells, renews, or offers a contract or policy covering dental services, including a specialized health care service plan contract or specialized policy of health insurance, or a contracting entity, as defined, to grant a third party access to a provider network contract entered into on or after January 1, 2020.

AB 1031 (Nazarian)--Repeals specified inoperative provisions of current law and enacts the Youth Substance Use Disorder Treatment and Recovery Program Act of 2019, with similar provisions to, in part, require the Department of Health Care Services, on or before January 1, 2021, to establish community-based nonresidential and residential treatment and recovery programs to intervene and treat the problems of alcohol and drug use among youth under 21 years of age.

AB 1058 (Salas)--Requires the Department of Health Care Services to engage, commencing no later than January 15, 2020, in a stakeholder process to develop recommendations for addressing legal and administrative barriers to the delivery of integrated behavioral health services for Medi-Cal beneficiaries with cooccurring substance use disorders and mental health conditions who access services through the Drug Medi-Cal Treatment Program, the Drug Medi-Cal organized delivery system, and the Medi-Cal Specialty Mental Health Services Program.

AB 1360 (Ting)--Defines a food delivery platform as a business engaged in the service of online food ordering and delivery from food retail establishments to a consumer, and requires a food delivery platform and food delivery driver to ensure that food is transported during delivery in a manner that meets specified food safety requirements.

Housing

Tuesday, June 18
1:30 p.m., Room 4203

AB 430 (Gallagher)--Establishes a ministerial approval process for residential and mixed-use developments within or near the cities of Biggs, Chico, Gridley, and Oroville in Butte County, as well as Orland in Glenn County, so that these projects are not subject to review under the California Environmental Quality Act (CEQA).

AB 694 (Irwin)--Enacts the Veterans Housing and Homeless Prevention Bond Act of 2019 to authorize the issuance of bonds in an amount of $600 million to provide additional funding for the Veterans Housing and Homeless Prevention program. Provides for the submission of the bond act to the voters at the November 3, 2020, statewide general election.

AB 1487 (Chiu)--Establishes the Housing Alliance for the Bay Area and states that the entity’s purpose is to increase affordable housing in the San Francisco Bay area by providing for enhanced funding, including new taxes and fees on commercial development, and technical assistance at a regional level for tenant protection, low-income housing preservation, and new affordable housing production.

Judiciary

Tuesday, June 18
1:30 p.m., Room 112

AB 670 (Friedman)--Makes void and unenforceable any covenant, restriction, or condition placed in any deed, contract, or governing document that prohibits or restricts the construction or use of an accessory dwelling unit.

AB 1110 (Friedman)--Requires 90 day notice if a landlord with a month-to-month tenancy increases the rent by more than 10% and 120 day notice if the landlord increases it by more than 15%.

AB 1286 (Muratsuchi)--Requires operators of shared mobility devices (electric bikes, scooters, etc.) to comply with specified permitting, insurance, and liability requirements before being able to operate in a local jurisdiction.

AB 1510 (Reyes)--Revives all former claims for sexual assault that would have otherwise been barred because of the statute of limitations for claims arising at a university student health center between January 1, 1988 and January 1, 2017. Not applicable to public colleges or universities.

AB 1731 (Boener Horvath)--Prohibits a hosting platform (Airbnb, VRBO, etc.) from listing a residential property located within portions of San Diego County's coastal zone as a short-term rental for more than 30 days per calendar year unless the primary resident lives onsite at least 270 days per year.

Labor, Public Employment & Retirement

Wednesday, June 19
9:30 a.m., Room 2040

AB 51 (Gonzalez)--Prohibits an employer from requiring an applicant or employee to waive any right, forum, or procedure under the Fair Employment and Housing Act (FEHA) or the Labor Code as a condition of employment or receiving any “employment-related benefit,” thereby banning mandatory arbitration agreements entered into after Jan. 1, 2020, relating to alleged violations of FEHA or the Labor Code.

AB 203 (Salas)--Requires Valley Fever awareness training to be provided by construction employers whose workers perform activities that disturb soil in counties where Valley Fever is endemic (including Fresno, Kern, Kings, Madera, Merced, Monterey, San Luis Obispo, and Tulare counties). Specifies that the training is to be provided annually to all employees and again before beginning work anticipated to substantially disturb dust.

AB 1007 (Jones-Sawyer)--Reduces the time frame in which the state can take an adverse personnel action against an employee from three years to one year.

AB 1028 (Gonzalez)--Allows Clean Energy Job Creation Program (Program) funding to be used for employee training and energy managers, in addition to existing clean energy projects at schools. Adds a Program grant priority for local educational agencies (LEAs) that use apprentices from state-approved apprenticeship and preapprenticeship programs.

AB 1353 (Wicks)--Reduces the maximum probationary period for classified school employees from one year to six months or 130 days, whichever is longer. 

AB 1459 (Arambula)--Creates a new mandatory certification for certain grocery store employees and declares intent to enact legislation requiring those stores to employ a “nutrition clerk.”

AB 1613 (O’Donnell)--Applies prevailing wage requirements to charter school construction projects financed, in whole or in part, with conduit revenue bonds issued after January 1, 2020.

Public Safety

Tuesday, June 18
8:30 a.m., Room 4203

AB 12 (Irwin)--Extends the duration of a gun violence restraining order from "one-year," to "one to five years." Provides that in determining the length of the order, the judge is required to consider the length of time that the circumstances that were the basis of granting the restraining order are likely to continue. Eliminates a peace officer's discretion not to demand "immediate" surrender of a firearm (rather than within 24 hours to law enforcement or a dealer) by a person subject to a gun violence restraining order.

AB 61 (Ting)--Adds three new classes of individual to the list of persons authorized to apply for a gun violence restraining order (GVRO) against a person. The new classes are: 1) an employer; 2) a coworker with substantial and regular interactions with the subject for at least one year and with approval of the employer; and 3) an employee of a secondary or postsecondary school that the person has attended in the last six months if the employee or teacher has obtained the approval of the school administration staff.

AB 391 (Voepel)--Reduces, from five days to 48 hours, the amount of time after which a person who has leased or rented a vehicle and willfully and intentionally fails to return the vehicle to its owner is presumed to have embezzled the vehicle. Eliminates the requirement to wait any amount of time if the owner of a rented or leased vehicle discovers that it was procured by fraud, and requires the lease or rental agreement to disclose that failure to return the vehicle within 48 hours of the agreement's expiration may result in the owner reporting the vehicle as stolen and requires the lessee to provide a method to contact him or her if the vehicle is not returned.

AB 392 (Weber)--Provides that homicide by an officer is only justifiable in specified circumstances.  Provides that deadly force may be used when the officer believes, based on the totality of the circumstances, that the force is necessary either to defend against an imminent threat of death or serious bodily injury to the officer or to another or to apprehend a fleeing person if the officer reasonably believes that the person will cause death or serious bodily injury to another person unless immediately apprehended.  Reiterates that an officer has no duty to retreat, but provides that retreat "does not mean tactical repositioning or other deescalation techniques."  Defines "totality of the circumstances" as "all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force."  Provides that force is evaluated from the perspective of a reasonable officer in the same situation.  Requires force to be "objectively reasonable."