Section 115.10 is added to the Business and Professions Code, to read:
(a) For purposes of this section, the following definitions apply:
(1) “Applicant” means a servicemember or a spouse of a servicemember.
(2) “Board” means an entity described in Section 101.
(3) “Professional license” means an individual professional license and does not include a business or entity license.
(4) “Registering authority” means a board or the Department of Real Estate, as applicable.
(5) “Spouse” means an individual who is married to, or who is in a domestic partnership or other legal union with, a military servicemember.
(b) Notwithstanding any other law, a registering authority shall register an applicant who satisfies all of the following requirements:
(1) The applicant holds a professional license in good standing in another state, district, or territory of the United States that confers on the applicant the authority to practice a profession or vocation within a similar scope of practice as that regulated by the registering authority.
(2) The applicant relocated to this state because of military orders for military service within this state and the applicant submits to the registering authority a copy of the military orders.
(3) The applicant performed at least one activity within the scope and under the authority of their professional license during the two years immediately preceding the relocation to this state.
(4) For an applicant who is licensed within the same professional discipline in more than one jurisdiction, both of the following:
(A) The applicant maintains each license in good standing.
(B) The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, each jurisdiction that the applicant’s license is in good standing in the jurisdiction.
(5) The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, the applicant’s original licensing jurisdiction that the applicant’s license is in good standing in that jurisdiction.
(6) For an applicant that is a spouse, the applicant submits evidence to the registering authority that the applicant is married to, or in a domestic partnership or other legal union with, a servicemember who is subject to military orders described in paragraph (2).
(7) The applicant submits to the registering authority their California address of record and an affidavit attesting to both of the following:
(A) The applicant meets all of the requirements for registration under this section.
(B) The information submitted to the registering authority pursuant to this section is accurate to the best of the applicant’s knowledge.
(c) (1) The registering authority shall register an applicant within 30 days of receiving all applicable documentation described in subdivision (b).
(2) The registering authority shall not register an applicant who fails to provide all applicable documentation described in subdivision (b) and shall deem the applicant’s request for registration incomplete.
(d) For each person registered pursuant to this section, the registering authority shall post all of the following on the registering authority’s internet website:
(1) The person’s name.
(2) The person’s California address of record.
(3) The person’s registration status.
(4) The state name and license number of each license from each original licensing jurisdiction.
(e) A person registered pursuant to this section shall be deemed to be a licensee of the registering authority for purposes of the laws administered by that registering authority relating to standards of practice, discipline, and continuing education for the duration of the military orders described in paragraph (2) of subdivision (b), and the registration shall expire when those military orders expire.
(f) A registering authority may take appropriate enforcement action against a person registered pursuant to this section, including, but not limited to, revoking or suspending the registration of a person who does not meet the requirements of subdivision (b) or the laws applicable to licensees pursuant to subdivision (e).
(g) A registering authority shall not collect or require a fee for registration pursuant to this section.
(h) A registering authority may develop and publish guidance to implement this section.
Section 2064.5 of the Business and Professions Code is amended to read:
Earlier text of § 2064.5 is not compiled in this navigator, so changes are not marked.
Within 180 days after beginning a board-approved postgraduate training program pursuant to Section 2065, medical school graduates shall obtain a physician’s and surgeon’s postgraduate training license. To be considered for a postgraduate training license, the applicant shall submit the application forms and primary source documents required by the board, shall successfully pass all required licensing examinations, shall pay a nonrefundable application and processing fee, and shall not have committed any act that would be grounds for denial.
Each application submitted pursuant to this section shall be made upon an online electronic form, or another form provided by the board, and each application form shall contain a legal verification by the applicant certifying under penalty of perjury that the information provided by the applicant is true and correct and that any information in supporting documents provided by the applicant is true and correct.
Each application shall include the following:
A diploma issued by a board-approved medical school. The requirements of the school shall not have been less than those required under this chapter at the time the diploma was granted or by any preceding medical practice act at the time that the diploma was granted. In lieu of a diploma, the applicant may submit evidence satisfactory to the board of having possessed the same.
An official transcript or other official evidence satisfactory to the board showing each approved medical school in which a resident course of professional instruction was pursued covering the minimum requirements for certification as a physician and surgeon, and that a diploma and degree were granted by the school.
Other information concerning the professional instruction and preliminary education of the applicant as the board may require.
An affidavit showing to the satisfaction of the board that the applicant is the person named in each diploma and transcript that the applicant submits, that the applicant is the lawful holder thereof, and that the diploma or transcript was procured in the regular course of professional instruction and examination without fraud or misrepresentation.
Either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the identity of the applicant and in order to determine whether the applicant has a record of any criminal convictions in this state or in any other jurisdiction, including foreign countries. The information obtained as a result of the fingerprinting of the applicant shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475) and Section 2221 of this code.
If the medical school graduate graduated from a foreign medical school approved by the board pursuant to Section 2084, an official Educational Commission for Foreign Medical Graduates (ECFMG) Certification Status Report confirming the graduate is ECFMG certified.
The physician’s and surgeon’s postgraduate training license shall be valid until 90 days after the holder has received 12 months credit of board-approved postgraduate training for graduates of medical schools in the United States and Canada or 24 months of board-approved postgraduate training for graduates of foreign medical schools approved by the board pursuant to Section 2084 other than Canadian medical schools. The physician’s and surgeon’s postgraduate training licensee may engage in the practice of medicine only in connection with the licensee’s duties as an intern or resident physician in a board-approved program, including its affiliated sites, or under those conditions as are approved in writing and maintained in the postgraduate licensee’s file by the director of the program.
The postgraduate training licensee may engage in the practice of medicine in locations authorized by subdivision (b), and as permitted by the Medical Practice Act and other applicable statutes and regulations, including, but not limited to, the following:
Diagnose and treat patients.
Prescribe medications without a cosigner, including prescriptions for controlled substances, if the licensee has the appropriate Drug Enforcement Agency registration or permit and is registered with the Department of Justice CURES program.
Sign birth certificates without a cosigner.
Sign death certificates without a cosigner.
Sign any other forms a physician and surgeon is authorized to sign.
The postgraduate training licensee may be disciplined by the board at any time for any of the grounds that would subject the holder of a physician’s and surgeon’s certificate to discipline.
If the medical school graduate fails to obtain a postgraduate license within 180 days after beginning a board-approved postgraduate training program or if the board denies the graduate’s application for a postgraduate license, all privileges and exemptions under this section shall automatically cease.
Each medical school graduate who was issued a postgraduate training authorization letter by the board prior to January 1, 2020, and is enrolled in a board-approved postgraduate training program by April 30, 2025, will be issued a postgraduate training license automatically by June 30, 2020, or by June 30 of the year following initial enrollment into a board-approved postgraduate training program, whichever is earlier, upon proof of enrollment in the postgraduate training program.
The board shall confidentially destroy the file of each medical school graduate who was issued a postgraduate training authorization letter by the board prior to January 1, 2020, who did not enroll in a postgraduate training program by April 30, 2025.
Section 2064.6 is added to the Business and Professions Code, to read:
Notwithstanding subdivision (b) of Section 2064.5, the expiration date for any postgraduate training license that expires after June 1, 2023, and before December 31, 2023, shall be extended to March 31, 2024.
Section 2065 of the Business and Professions Code is amended to read:
Earlier text of § 2065 is not compiled in this navigator, so changes are not marked.
Unless otherwise provided by law, a postgraduate training licensee, intern, resident, postdoctoral fellow, or instructor shall not engage in the practice of medicine, or receive compensation therefor, or offer to engage in the practice of medicine unless they hold a valid, unrevoked, and unsuspended physician’s and surgeon’s certificate issued by the board. However, a graduate of an approved medical school may engage in the practice of medicine whenever and wherever required as a part of a postgraduate training program under the following conditions:
The medical school graduate has taken and passed the board-approved medical licensing examinations required to qualify the applicant to participate in an approved postgraduate training program.
If the medical school graduate graduated from a foreign medical school approved by the board pursuant to Section 2084, the Educational Commission for Foreign Medical Graduates (ECFMG) has submitted an official ECFMG Certification Status Report directly to the board confirming the graduate is ECFMG certified.
The medical school graduate is enrolled in a postgraduate training program approved by the board.
The board-approved postgraduate training program has submitted the required board-approved form to the board documenting the medical school graduate is enrolled in an approved postgraduate training program.
The medical school graduate obtains a physician’s and surgeon’s postgraduate training license in accordance with Section 2064.5.
A medical school graduate enrolled in an approved first-year postgraduate training program in accordance with this section may engage in the practice of medicine whenever and wherever required as a part of the training program, and may receive compensation for that practice.
A graduate who has completed the first year of postgraduate training may, in an approved residency or fellowship, engage in the practice of medicine whenever and wherever required as part of that residency or fellowship, and may receive compensation for that practice. The resident or fellow shall qualify for, take, and pass the next succeeding written examination for licensure. If the resident or fellow fails to receive a license to practice medicine under this chapter within 27 months from the commencement of the residency or fellowship, except as otherwise allowed under subdivision (g) or (h), or if the board denies their application for licensure, all privileges and exemptions under this section shall automatically cease.
All approved postgraduate training the medical school graduate has successfully completed in the United States or Canada shall count toward the 15-month license exemption for graduates of medical schools in the United States and Canada or 27-month license exemption for graduates of foreign medical schools approved by the board pursuant to Section 2084 other than Canadian medical schools, except as otherwise allowed under subdivision (h).
The program director for an approved postgraduate training program in California shall report to the board, on a form approved by the board, and provide any supporting documents as required by the board, the following actions within 30 days of the action:
A postgraduate training licensee is notified that they have received partial or no credit for a period of postgraduate training, and their postgraduate training period is extended.
A postgraduate training licensee takes a leave of absence or any break from their postgraduate training, and they are notified that their postgraduate training period is extended.
A postgraduate training licensee is terminated from the postgraduate training program.
A postgraduate training licensee resigns, dies, or otherwise leaves the postgraduate training program.
A postgraduate training licensee has completed a one-year contract approved by the postgraduate training program.
Upon review of supporting documentation, the board, in its discretion, may grant an extension beyond 15 months to a postgraduate training licensee who graduated from a medical school in the United States or Canada, or beyond 27 months to a postgraduate training licensee who graduated from a foreign medical school approved by the board pursuant to Section 2084 other than a Canadian medical school, to receive credit for the 12 months of required approved postgraduate training for graduates of medical schools in the United States and Canada and 24 months of required approved postgraduate training for graduates of foreign medical schools other than Canadian medical schools.
An applicant for a physician’s and surgeon’s license who has received credit for 12 months of approved postgraduate training in another state or in Canada and who is accepted into an approved postgraduate training program in California shall obtain their physician’s and surgeon’s license within 180 days after beginning that postgraduate training program or all privileges and exemptions under this section shall automatically cease.
Upon review of supporting documentation, the board, in its discretion, may grant a physician’s and surgeon’s license to an applicant who demonstrates substantial compliance with this section.
Section 6219 of the Business and Professions Code is amended to read:
Earlier text of § 6219 is not compiled in this navigator, so changes are not marked.
Qualified legal services projects and support centers may use funds provided under this article for the following:
To provide work opportunities with pay, and where feasible, scholarships for disadvantaged law students to help defray their law school expenses.
To provide loan repayment assistance in accordance with a loan repayment assistance program administered by the California Access to Justice Commission for the purposes of recruiting and retaining attorneys who perform services as described in Section 6218 and permitted by Section 6223.
Section 11133 is added to the Government Code, to read:
(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until December 31, 2023, and as of that date is repealed.
Section 15490 of the Government Code is amended to read:
Earlier text of § 15490 is not compiled in this navigator, so changes are not marked.
There is in the state government the State Allocation Board, consisting of the Director of Finance, the Director of General Services, a person appointed by Governor, and the Superintendent of Public Instruction. The board shall also include three Members of the Senate appointed by the President pro Tempore of the Senate, two of whom shall belong to the majority party and one of whom shall belong to the minority party, and three Members of the Assembly appointed by the Speaker of the Assembly, two of whom shall belong to the majority party and one of whom shall belong to the minority party.
The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties.
The Director of General Services shall provide assistance to the board as the board requires. The board may, by a majority vote of all members, do one or more of the following:
Appoint an employee to report directly to the board as assistant executive officer.
Fix the salary and other compensation of the assistant executive officer.
Employ additional staff members, and secure office space and furnishings, as necessary to support the assistant executive officer in the performance of their duties.
Section 16344 of the Government Code is amended to read:
Earlier text of § 16344 is not compiled in this navigator, so changes are not marked.
The Budget Act for each fiscal year commencing with the 2011–12 fiscal year consists of the following statutes:
Budget Act of 2011
Chapter 33 of the Statutes of 2011 (Senate Bill No. 87)
Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121)
Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30)
Chapter 10 of the Statutes of 2012 (Senate Bill No. 83)
Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485)
Budget Act of 2012
Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464)
Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497)
Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502)
Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029)
Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477)
Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113)
Chapter 5 of the Statutes of 2013 (Senate Bill No. 68)
Chapter 36 of the Statutes of 2013 (Senate Bill No. 89)
Budget Act of 2013
Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110)
Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101)
Chapter 2 of the Statutes of 2014 (Senate Bill No. 103)
Chapter 38 of the Statutes of 2014 (Senate Bill No. 865)
Budget Act of 2014
Chapter 25 of the Statutes of 2014 (Senate Bill No. 852)
Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476)
Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91)
Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116)
Budget Act of 2015
Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93)
Chapter 11 of the Statutes of 2015 (Senate Bill No. 97)
Chapter 321 of the Statutes of 2015 (Senate Bill No. 101)
Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133)
Chapter 9 of the Statutes of 2016 (Senate Bill No. 93)
Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120)
Chapter 28 of the Statutes of 2016 (Senate Bill No. 827)
Budget Act of 2016
Chapter 23 of the Statutes of 2016 (Senate Bill No. 826)
Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622)
Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623)
Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613)
Chapter 2 of the Statutes of 2017 (Senate Bill No. 47)
Chapter 7 of the Statutes of 2017 (Senate Bill No. 132)
Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98)
Chapter 53 of the Statutes of 2017 (Senate Bill No. 107)
Budget Act of 2017
Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97)
Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120)
Chapter 54 of the Statutes of 2017 (Senate Bill No. 108)
Chapter 181 of the Statutes of 2017 (Senate Bill No. 113)
Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109)
Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134)
Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105)
Chapter 31 of the Statutes of 2018 (Senate Bill No. 841)
Budget Act of 2018
Chapter 29 of the Statutes of 2018 (Senate Bill No. 840)
Chapter 30 of the Statutes of 2018 (Senate Bill No. 856)
Chapter 449 of the Statutes of 2018 (Senate Bill No. 862)
Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72)
Chapter 35 of the Statutes of 2019 (Senate Bill No. 93)
Budget Act of 2019
Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74)
Chapter 55 of the Statutes of 2019 (Senate Bill No. 106)
Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110)
Chapter 363 of the Statutes of 2019 (Senate Bill No. 109)
Chapter 2 of the Statutes of 2020 (Senate Bill No. 89)
Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75)
Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)
Budget Act of 2020
Chapter 6 of the Statutes of 2020 (Senate Bill No. 74)
Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89)
Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)
Chapter 1 of the Statutes of 2021 (Senate Bill No. 89)
Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85)
Chapter 14 of the Statutes of 2021 (Senate Bill No. 85)
Chapter 40 of the Statutes of 2021 (Senate Bill No. 147)
Budget Act of 2021
Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128)
Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161)
Chapter 69 of the Statutes of 2021 (Senate Bill No. 129)
Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164)
Chapter 240 of the Statutes of 2021 (Senate Bill No. 170)
Chapter 2 of the Statutes of 2022 (Senate Bill No. 115)
Chapter 9 of the Statutes of 2022 (Senate Bill No. 119)
Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180)
Chapter 3 of the Statutes of 2023 (Assembly Bill No. 100)
Chapter 33 of the Statutes of 2023 (Assembly Bill No. 103)
Budget Act of 2022
Chapter 43 of the Statutes of 2022 (Senate Bill No. 154)
Chapter 45 of the Statutes of 2022 (Assembly Bill No. 178)
Chapter 249 of the Statutes of 2022 (Assembly Bill No. 179)
Chapter 3 of the Statutes of 2023 (Assembly Bill No. 100)
Chapter 33 of the Statutes of 2023 (Assembly Bill No. 103)
Section 65852.24 of the Government Code is amended to read:
(a) (1) This section shall be known, and may be cited, as the Middle Class Housing Act of 2022.
(2) The Legislature finds and declares all of the following:
(A) Creating more affordable housing is critical to the achievement of regional housing needs assessment goals, and that housing units developed at higher densities may generate affordability by design for California residents, without the necessity of public subsidies, income eligibility, occupancy restrictions, lottery procedures, or other legal requirements applicable to deed restricted affordable housing to serve very low and low-income residents and special needs residents.
(B) The state has made historic investments in deed-restricted affordable housing. According to the Legislative Analyst’s Office, the state budget provided nearly five billion dollars ($5,000,000,000) in the 2021–22 budget year for housing-related programs. The 2022–23 budget further built on that sum by allocating nearly one billion two hundred million dollars ($1,200,000,000) to additional affordable housing programs.
(C) There is continued need for housing development at all income levels, including missing middle housing that will provide a variety of housing options and configurations to allow every Californian to live near where they work.
(D) The Middle Class Housing Act of 2022 will unlock the development of additional housing units for middle-class Californians near job centers, subject to local inclusionary requirements that are set based on local conditions.
(b) A housing development project shall be deemed an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use if it complies with all of the following:
(1) The density for the housing development shall meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(2) (A) The housing development shall be subject to local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in a zone that allows for the housing with the density described in paragraph (1).
(B) If more than one zoning designation of the local agency allows for housing with the density described in paragraph (1), the zoning standards applicable to a parcel that allows residential use pursuant to this section shall be the zoning standards that apply to the closest parcel that allows residential use at a density that meets the requirements of paragraph (1).
(C) If the existing zoning designation for the parcel, as adopted by the local government, allows residential use at a density greater than that required in paragraph (1), the existing zoning designation shall apply.
(3) The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation identified in paragraph (2).
(4) The project site is 20 acres or less.
(5) The housing development complies with all other objective local requirements for a parcel, other than those that prohibit residential use, or allow residential use at a lower density than provided in paragraph (1), including, but not limited to, impact fee requirements and inclusionary housing requirements.
(6) The development and the site on which it is located satisfy both of the following:
(A) It is a legal parcel or parcels that meet either of the following:
(i) It is within a city where the city boundaries include some portion of an urban area, as designated by the United States Census Bureau.
(ii) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urban area, as designated by the United States Census Bureau.
(B) (i) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
(ii) For purposes of this subparagraph, parcels only separated by a street or highway shall be considered to be adjoined.
(iii) For purposes of this subparagraph, “dedicated to industrial use” means either of the following:
(I) The square footage is currently being used as an industrial use.
(II) The most recently permitted use of the square footage is an industrial use.
(III) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022.
(7) The housing development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080.
(8) The developer has done both of the following:
(A) Certified to the local agency that either of the following is true:
(i) The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii) The development is not in its entirety a public work for which prevailing wages must be paid under Article 2 (commencing with Section 1720) of Chapter 1 of Part 2 of Division 2 of the Labor Code, but all construction workers employed on construction of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I) The developer shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.
(II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III) Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein.
(IV) Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V) Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(VII) All contractors and subcontractors shall be registered in accordance with Section 1725.51725.6 of the Labor Code.
(VIII) The development proponent shall provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.3 of the Labor Code.
(B) Certified to the local agency that a skilled and trained workforce will be used to perform all construction work on the development.
(i) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(ii) If the developer has certified that a skilled and trained workforce will be used to construct all work on development and the application is approved, the following shall apply:
(I) The developer shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the development.
(II) Every contractor and subcontractor shall use a skilled and trained workforce to construct the development.
(III) Except as provided in subclause (IV), the developer shall provide to the local agency, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the local government pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. A developer that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV) Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(iii) Notwithstanding subclause (II) of clause (ii), a contractor or subcontractor shall not be in violation of the apprenticeship graduation requirements of subdivision (d) of Section 2601 of the Public Contract Code to the extent that all of the following requirements are satisfied:
(I) All contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires compliance with the apprenticeship graduation requirements, and that provides for enforcement of that obligation through an arbitration procedure.
(II) The project labor agreement requires the contractor or subcontractor to request the dispatch of workers for the project through a hiring hall or referral procedure.
(III) The contractor or subcontractor is unable to obtain sufficient workers to meet the apprenticeship graduation percentage requirement within 48 hours of its request, Saturdays, Sundays, and holidays excepted.
(9) Notwithstanding subparagraph (B) of paragraph (8), a contract or subcontract may be awarded without a requirement for the use of a skilled and trained workforce to the extent that all of the following requirements are satisfied:
(A) At least seven days before issuing any invitation to prequalify or bid solicitation for the project, the developer sends a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(i) Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project.
(ii) Any organization representing contractors that may perform work necessary to complete the project.
(B) The developer seeks bids containing an enforceable commitment that all contractors and subcontractors at every tier will use a skilled and trained workforce to perform work on the project that falls within an apprenticeable occupation in the building and construction trades.
(C) For the purpose of establishing a bidder pool of eligible contractors and subcontractors, the developer establishes a process to prequalify prime contractors and subcontractors that agree to meet skilled and trained workforce requirements.
(D) The bidding process for the project includes, but is not limited to, all of the following requirements:
(i) The prime contractor shall be required to list all subcontractors that will perform work in an amount in excess of one-half of 1 percent of the prime contractor’s total bid.
(ii) The developer shall only accept bids from prime contractors that have been prequalified.
(iii) If the developer receives at least two bids from prequalified prime contractors, a skilled and trained workforce must be used by all contractors and subcontractors, except as provided in clause (vi).
(iv) If the developer receives fewer than two bids from prequalified prime contractors, the contract may be rebid and awarded without the skilled and trained workforce requirement applying to the prime contractor’s scope of work.
(v) Prime contractors shall request bids from subcontractors on the prequalified list and shall only accept bids and list subcontractors from the prequalified list. If the prime contractor receives bids from at least two subcontractors in each tier listed on the prequalified list, the prime contractor shall require that the contract for that tier or scope of work will require a skilled and trained workforce.
(vi) If the prime contractor fails to receive at least two bids from subcontractors listed on the prequalified list in any tier, the prime contractor may rebid that scope of work. The prime contractor need not require that a skilled and trained workforce be used for that scope of work and may list subcontractors for that scope of work that do not appear on the prequalified list.
(E) The developer shall establish minimum requirements for prequalification of prime contractors and subcontractors that are, to the maximum extent possible, quantifiable and objective. Only criterion, and minimum thresholds for any criterion, that are reasonably necessary to ensure that any bidder awarded a project can successfully complete the proposed scope shall be used by the developer. The developer shall not impose any obstacles to prequalification that go beyond what is commercially reasonable and customary.
(F) The developer shall, within 24 hours of a request by a labor organization that represents workers in the geographic area of the project, provide all of the following information to the labor organization:
(i) The names and Contractors State License Board numbers of the prime contractors and subcontractors that have prequalified.
(ii) The names and Contractors State License Board numbers of the prime contractors that have submitted bids and their respective listed subcontractors.
(iii) The names and Contractors State License Board numbers of the prime contractor that was awarded the work and its listed subcontractors.
(G) An interested party, including a labor organization that represents workers in the geographic area of the project, may bring an action for injunctive relief against a developer or prime contractor that is proceeding with a project in violation of the bidding requirements of this paragraph applicable to developers and prime contractors. The court in such an action may issue injunctive relief to halt work on the project and to require compliance with the requirements of this subdivision. The prevailing plaintiff in such an action shall be entitled to recover its reasonable attorney’s fees and costs.
(c) (1) The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted.
(2) The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows:
(A) For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent.
(B) For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent.
(C) For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent.
(D) For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent.
(E) For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent.
(3) The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant.
(4) For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria:
(A) The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located.
(B) The commercial tenant’s lease expired and was not renewed by the property owner.
(C) The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article.
(D) The commercial tenant employs 20 or fewer employees and has an annual average gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease.
(E) The commercial tenant is still in operation on the site at the time of the expiration of its lease.
(5) Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria:
(A) The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article.
(B) The commercial tenant had not previously entered into a lease on the site.
(6) (A) The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business.
(B) Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease.
(7) For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months.
(d) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(e) (1) A local agency may exempt a parcel from this section if the local agency makes written findings supported by substantial evidence of either of the following:
(A) The local agency concurrently reallocated the lost residential density to other lots so that there is no net loss in residential density in the jurisdiction.
(B) The lost residential density from each exempted parcel can be accommodated on a site or sites allowing residential densities at or above those specified in paragraph (2) of subdivision (b) and in excess of the acreage required to accommodate the local agency’s share of housing for lower income households.
(2) A local agency may reallocate the residential density from an exempt parcel pursuant to this subdivision only if all of the following requirements are met:
(A) The exempt parcel or parcels are subject to an ordinance that allows for residential development by right.
(B) The site or sites chosen by the local agency to which the residential density is reallocated meet both of the following requirements:
(i) The site or sites are suitable for residential development at densities specified in paragraph (1) of subdivision (b) of Section 65852.24. For purposes of this clause, “site or sites suitable for residential development” shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2.
(ii) The site or sites are subject to an ordinance that allows for development by right.
(f) (1) This section does not alter or lessen the applicability of any housing, environmental, or labor law applicable to a housing development authorized by this section, including, but not limited to, the following:
(A) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
(B) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C) The Housing Accountability Act (Section 65589.5).
(D) The Density Bonus Law (Section 65915).
(E) Obligations to affirmatively further fair housing, pursuant to Section 8899.50.
(F) State or local affordable housing laws.
(G) State or local tenant protection laws.
(2) All local demolition ordinances shall apply to a project developed pursuant to this section.
(3) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development project that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
(4) Notwithstanding any other provision of this section, for purposes of the Density Bonus Law (Section 65915), an applicant for a housing development under this section may apply for a density bonus pursuant to Section 65915.
(g) Notwithstanding Section 65913.4, a project subject to this section shall not be eligible for streamlining pursuant to Section 65913.4 if it meets either of the following conditions:
(1) The site has previously been developed pursuant to Section 65913.4 with a project of 10 units or fewer.
(2) The developer of the project or any person acting in concert with the developer has previously proposed a project pursuant to Section 65913.4 of 10 units or fewer on the same or an adjacent site.
(h) A local agency may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code.
(i) Each local agency shall include the number of sites developed and the number of units constructed pursuant to this section in its annual progress report required pursuant to paragraph (2) of subdivision (a) of Section 65400.
(j) The department shall undertake at least two studies of the outcomes of this chapter. One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031.
(1) The studies required by this subdivision shall include, but not be limited to, the number of projects built, the number of units built, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage.
(2) The department shall publish a report of the findings of a study required by this subdivision, post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795.
(k) For purposes of this section:
(1) “Housing development project” means a project consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential retail commercial or office uses, and at least 50 percent of the square footage of the new construction associated with the project is designated for residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.
(2) “Local agency” means a city, including a charter city, county, or a city and county.
(3) “Office or retail commercial zone” means any commercial zone, except for zones where office uses and retail uses are not permitted, or are permitted only as an accessory use.
(4) “Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code.
(l) The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
(m) (1) This section shall become operative on July 1, 2023.
(2) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.
Section 24213 of the Health and Safety Code is amended to read:
Earlier text of § 24213 is not compiled in this navigator, so changes are not marked.
An individual seeking victim compensation pursuant to the program shall submit an application to the board beginning six months after the start date of the program and no later than two years and six months after the start date of the program.
An individual incarcerated or otherwise under the control of the Department of Corrections and Rehabilitation at the time of filing an application need not exhaust administrative remedies before submitting an application for, or receiving, victim compensation pursuant to the program and shall not be disqualified from receiving compensation based on the individual’s incarcerated status.
The board shall screen the application and accompanying documentation for completeness. If the board determines that an application is incomplete, it shall notify the claimant or the claimant’s lawfully authorized representative that the application is not complete in writing by certified mail no later than 30 calendar days following the screening of the application. The notification shall specify the additional documentation required to complete the application. If the application is incomplete, the claimant shall have 60 calendar days from the receipt of the notification to submit the required documentation. If the required documentation is not received within 60 calendar days, the application will be closed and the claimant shall submit a new application if the claimant seeks victim compensation pursuant to the program, to be reviewed without prejudice.
The board shall not consider an application or otherwise act on it until the board determines the application is complete with all required documentation.
If a claimant receives an adverse claim decision, the claimant may file an appeal to the board within 30 days of the receipt of the notice of decision. After receiving the appeal, the board shall again attempt to verify the claimant’s identity pursuant to paragraph (2) of subdivision (a) of Section 24211. If the claimant’s identity cannot be verified, then the claimant shall produce sufficient evidence to establish, by a preponderance of the evidence, that it is more likely than not that the claimant is a qualified recipient. This evidence may include, but is not limited to, documentation of the individual’s sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. The board shall make a determination on the appeal within 30 days of the date of the appeal and notify the claimant of the decision. A claimant who is successful in an appeal shall receive compensation in accordance with subdivision (b).
The board shall award victim compensation to a qualified recipient pursuant to the following payment schedule:
A claimant who is determined to be a qualified recipient by the board shall receive an initial payment within 60 days of the board’s determination. This initial payment shall be calculated by dividing the funds described in subdivision (b) of Section 24212 for victim compensation payments by the anticipated number of qualified recipients who are expected to apply for compensation, as determined by the board, and then dividing that dollar amount in half.
The board shall send a final payment to each qualified recipient in the amount of twenty thousand dollars ($20,000). The board shall conclude the program after exhaustion of all appeals arising from the denial of an individual’s application, but by no later than three years and three months after the start date of the program.
Section 25174 of the Health and Safety Code is amended to read:
Earlier text of § 25174 is not compiled in this navigator, so changes are not marked.
There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:
The fees collected pursuant to Sections 25205.5 and 25205.5.2.
The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter.
Any interest earned upon the money deposited in the Hazardous Waste Control Account.
Any money received from the federal government pursuant to the federal act to pay for department costs at sites or activities at sites other than those operated by a hazardous waste facility authorized to operate under this chapter.
Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
The funds deposited in the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows:
To the department for the costs to administer and implement this chapter, but not including the costs of regulatory activities at sites operated by a hazardous waste facility authorized to operate under this chapter, and not including regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Section 25205.5 that are deposited into the Hazardous Waste Control Account.
To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General in carrying out investigations, inspections, and audits, and the administrative enforcement and adjudication thereof, for purposes of this chapter, but not for purposes related to a site operated by a hazardous waste facility authorized to operate under this chapter or related to the owner or operator of a hazardous waste facility authorized to operate under this chapter, and not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph. The report shall include all of the following:
A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
A description of injunctions or other court orders benefiting the people of the state.
A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
Nothing in subparagraph (B) shall require the Attorney General to report on any confidential or investigatory matter.
To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404).
To the department for costs incurred by the Board of Environmental Safety in the administration and implementation of its duties and responsibilities established in Article 2.1 (commencing with Section 25125).
The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b).
It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Section 25205.5, and deposited in the Hazardous Waste Control Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
The Director of Finance, upon the request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
Section 25174 is added to the Health and Safety Code, to read:
(a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:
(1) The fees collected pursuant to Section 25205.5.
(2) The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous Waste Control Account.
(4) Any money received from the federal government pursuant to the federal act to pay for department costs at sites or activities at sites other than those operated by a hazardous waste facility authorized to operate under this chapter.
(5) Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the costs to administer and implement this chapter, but not including the costs of regulatory activities at sites operated by a hazardous waste facility authorized to operate under this chapter, and not including regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(2) To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Section 25205.5 that are deposited into the Hazardous Waste Control Account.
(3) (A) To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General in carrying out investigations, inspections, and audits, and the administrative enforcement and adjudication thereof, for purposes of this chapter, but not for purposes related to a site operated by a hazardous waste facility authorized to operate under this chapter or related to the owner or operator of a hazardous waste facility authorized to operate under this chapter, and not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(B) On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph. The report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting the people of the state.
(iii) A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (B) shall require the Attorney General to report on any confidential or investigatory matter.
(4) To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404).
(5) To the department for costs incurred by the Board of Environmental Safety in the administration and implementation of its duties and responsibilities established in Article 2.1 (commencing with Section 25125).
(c) (1) The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b).
(2) It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Section 25205.5, and deposited in the Hazardous Waste Control Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
(d) The Director of Finance, upon the request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
(e) This section shall become operative on January 1, 2026.
Section 25205.5.2 is added to the Health and Safety Code, to read:
(a) Notwithstanding Section 25205.5, a generator of hazardous waste that is generated from a project that meets the criteria in subdivision (b) shall pay to the Department of Toxic Substances Control a generation and handling fee for each generator site that generates an amount equal to, or more than, five tons for each calendar year, or portion of the calendar year, of hazardous waste that meets the criteria in subdivision (c).
(b) The fee imposed pursuant to this section shall apply only to projects that meet all of the following criteria:
(1) The project is certified by the Governor as an environmental leadership development project pursuant to Section 21183 of the Public Resources Code.
(2) The project will provide at least 2,000 new housing units and is legally obligated to produce a minimum amount of required affordable housing units, including via in-lieu fee.
(3) The generator of the hazardous waste acquired ownership of the property from which the hazardous waste was generated prior to July 1, 2022, and commenced the cleanup activity of hazardous waste that is non-RCRA hazardous waste, as described in paragraph (1) of subdivision (c), before July 1, 2022.
(c) The fee imposed pursuant to this section shall apply only to hazardous waste that meets all of the following criteria:
(1) The hazardous waste was generated in calendar years 2021, 2022, or 2023.
(2) The hazardous waste is non-RCRA hazardous waste, excluding asbestos.
(3) The hazardous waste was generated in a remedial action, a removal action, or corrective action taken pursuant to, or generated in a soil disturbance conducted in compliance with a risk management plan approved pursuant to, this chapter, Chapter 6.65 (commencing with Section 25260), Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), Chapter 6.8 (commencing with Section 25300), or Division 45 (commencing with Section 78000), or generated in any other required or voluntary cleanup, removal, or remediation.
(d) All of the following shall apply to the fee imposed pursuant to this section:
(1) The fee shall be in an amount of five dollars and seventy-two cents ($5.72) for each ton or fraction of a ton of hazardous waste.
(2) The fee shall be collected and administered by the Department of Toxic Substances Control and is due and payable in one installment, on or before February 28 of each fiscal year.
(3) For purposes of calculating the amount of the fee imposed pursuant to paragraph (1), all exemptions and exclusions applicable to the fee imposed pursuant to Section 25205.5 shall apply.
(e) (1) The generator of hazardous waste shall file an annual return in the form prescribed by the California Department of Tax and Fee Administration, and pay the proper amount of fee due. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the California Department of Tax and Fee Administration.
(2) The generator of hazardous waste shall amend the annual return filed in fiscal years 2021–22 and 2022–23 to reflect the appropriate fee rates imposed pursuant to Section 25205.5 and this section for hazardous waste generated in calendar year 2021.
(3) The generator of hazardous waste shall file an annual return for fiscal years 2023–24 and 2024–25 to reflect the appropriate fee rates imposed pursuant to Section 25205.5 and this section for hazardous waste generated in calendar years 2022 and 2023.
(f) A generator of hazardous waste that is generated from a project that meets the criteria in subdivision (b) shall report to the directors of the Department of Toxic Substances Control and the California Department of Tax and Fee Administration by January 1 of the fiscal year in which the fee is assessed all of the following information:
(1) All identification numbers issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency that are associated with the project that meets the criteria in subdivision (b). If multiple identification numbers are used by a single company, all of the company’s identification numbers shall be included.
(2) All account numbers issued by the California Department of Tax and Fee Administration.
(3) For each identification number issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency, the total tonnage of hazardous waste generated from the project that meets the criteria in subdivision (b), itemized as follows:
(A) The type and total tonnage of hazardous waste generated, identified by federal or state waste codes and the organic or inorganic chemical constituent or constituents causing the waste to be hazardous.
(B) Any exemptions or exclusions the generator claims is applicable to the hazardous waste generated and the total tonnage to which each of those exemptions applies.
(g) Hazardous waste generated from a project meeting all of the criteria in subdivision (b) that does not meet all of the criteria in subdivision (c) shall be subject to the fee imposed pursuant to Section 25205.5 and shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
Section 34177.7 of the Health and Safety Code is amended to read:
Earlier text of § 34177.7 is not compiled in this navigator, so changes are not marked.
In addition to the powers granted to each successor agency, and notwithstanding anything in the act adding this part, including, but not limited to, Sections 34162 and 34189, the successor agency to the Redevelopment Agency of the City and County of San Francisco shall have the authority, rights, and powers of the Redevelopment Agency to which it succeeded solely for the purpose of issuing bonds or incurring other indebtedness to finance:
The affordable housing required by the Mission Bay North Owner Participation Agreement, the Mission Bay South Owner Participation Agreement, the Disposition and Development Agreement for Hunters Point Shipyard Phase 1, the Candlestick Point-Hunters Point Shipyard Phase 2 Disposition and Development Agreement, and the Transbay Implementation Agreement.
The infrastructure required by the Transbay Implementation Agreement.
The successor agency to the Redevelopment Agency of the City and County of San Francisco may pledge to the bonds or other indebtedness the property tax revenues available in the successor agency’s Redevelopment Property Tax Trust Fund that are not otherwise obligated.
Bonds issued pursuant to this section may be sold pursuant to either a negotiated or a competitive sale. The bonds issued or other indebtedness obligations incurred pursuant to this section may be issued or incurred on a parity basis with outstanding bonds or other indebtedness obligations of the successor agency to the Redevelopment Agency of the City and County of San Francisco and may pledge the revenues pledged to those outstanding bonds or other indebtedness obligations to the issuance of bonds or other obligations pursuant to this section. The pledge, when made in connection with the issuance of bonds or other indebtedness obligations under this section, shall have the same lien priority as the pledge of outstanding bonds or other indebtedness obligations, and shall be valid, binding, and enforceable in accordance with its terms.
Prior to issuing any bonds or incurring other indebtedness pursuant to this section, the successor agency to the Redevelopment Agency of the City and County of San Francisco may subordinate to the bonds or other indebtedness the amount required to be paid to an affected taxing entity pursuant to paragraph (1) of subdivision (a) of Section 34183, provided that the affected taxing entity has approved the subordinations pursuant to this subdivision.
At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service on the bonds or other indebtedness and the payments required by paragraph (1) of subdivision (a) of Section 34183, when due.
Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the successor agency will not be able to pay the debt service payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive.
An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds or other obligations authorized by this section, the pledge of revenues to those bonds or other obligations authorized by this section, the legality and validity of all proceedings theretofore taken and, as provided in the resolution of the legislative body of the successor agency to the Redevelopment Agency of the City and County of San Francisco authorizing the bonds or other indebtedness obligations authorized by this section, proposed to be taken for the authorization, execution, issuance, sale, and delivery of the bonds or other obligations authorized by this section, and for the payment of debt service on the bonds or the payment of amounts under other obligations authorized by this section. Subdivision (c) of Section 33501 shall not apply to any such action. The department shall be notified of the filing of any action as an affected party.
Notwithstanding any other law, including, but not limited to, Section 33501, an action to challenge the issuance of bonds or the incurrence of indebtedness by the successor agency to the Redevelopment Agency of the City and County of San Francisco shall be brought within 30 days after the date on which the oversight board approves the resolution of the agency approving the issuance of bonds or the incurrence of indebtedness under this section.
The actions authorized in this section shall be subject to the approval of the oversight board, as provided in Section 34180. Additionally, the oversight board may direct the successor agency to the Redevelopment Agency of the City and County of San Francisco to commence any of the transactions described in subdivision (a) so long as the agency is able to recover its related costs in connection with the transaction. After the agency, with approval of the oversight board, issues any bonds or incurs any indebtedness pursuant to subdivision (a), the oversight board shall not unilaterally approve any amendments to or early termination of the bonds or indebtedness. If, under the authority granted to it by subdivision (h) of Section 34179, the department either reviews and approves or fails to request review within five business days of an oversight board approval of an action authorized by this section, the scheduled payments on the bonds or other indebtedness shall be listed in the Recognized Obligation Payment Schedule and shall not be subject to further review and approval by the department or the Controller. The department may extend its review time to 60 days for actions authorized in this section and may seek the assistance of the Treasurer in evaluating proposed actions under this section.
Any bonds or other indebtedness authorized by this section shall be considered indebtedness incurred by the dissolved redevelopment agency, with the same legal effect as if the bonds or other indebtedness had been issued, incurred, or entered into prior to June 28, 2011, in full conformity with the applicable provisions of the Community Redevelopment Law that existed prior to that date, shall be included in the successor agency to the Redevelopment Agency of the City and County of San Francisco’s Recognized Obligation Payment Schedule, and shall be secured by a pledge of, and lien on, and shall be repaid from moneys deposited from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (c) of Section 34172, as provided in paragraph (2) of subdivision (a) of Section 34183. Property tax revenues pledged to any bonds or other indebtedness obligations authorized by this section are taxes allocated to the successor agency pursuant to subdivision (b) of Section 33670 and Section 16 of Article XVI of the California Constitution.
The successor agency to the Redevelopment Agency of the City and County of San Francisco shall make diligent efforts to ensure that the lowest long-term cost financing is obtained. The financing shall not provide for any bullets or spikes and shall not use variable rates. The agency shall make use of an independent financial advisor in developing financing proposals and shall make the work products of the financial advisor available to the department at its request.
For the development of the project described in the Candlestick Point-Hunters Point Shipyard Phase 2 Disposition and Development Agreement, the limitations relating to time for establishing loans, advances, and indebtedness, the effectiveness of the redevelopment plans, the time to repay indebtedness, the time for applying tax increment, the number of tax dollars, or any other matters set forth in Section 33333.2 and Section 33492.13 shall not apply.
The Candlestick Point-Hunters Point Shipyard Phase 2 project agreements shall establish the applicable limitations relating to time for establishing loans, advances, and indebtedness, the effectiveness of the redevelopment plans, the time to repay indebtedness, the time for applying tax increment, number of tax dollars, or any other matters set forth in Section 33333.2 and Section 33492.13. Any amendments to Candlestick Point-Hunters Point Shipyard Phase 2 project agreements to establish or change those time limits shall be approved by the oversight board, and shall be subject to department approval, as described in this part.
This part shall not be construed to limit the receipt and use of property tax revenues generated from the Hunters Point Redevelopment Plan project area or Zone 1 of the Bayview Hunters Point Redevelopment Plan project area for the project described in the Candlestick Point-Hunters Point Shipyard Phase 2 Disposition and Development Agreement.
Section 51528 is added to the Health and Safety Code, to read:
(a) The agency shall evaluate options to finance the program with one billion dollars ($1,000,000,000) to two billion dollars ($2,000,000,000) annually. Options evaluated may include, but are not limited to, the issuance of revenue bonds, general obligation bonds, or other debt instruments, or other available alternatives.
(b) In developing the scope of the evaluation required by this section, the agency shall consult with the State Treasurer, the Legislature, and any other relevant stakeholders.
(c) On or before March 1, 2024, the agency shall submit a report on the evaluation to the Legislature in accordance with Section 9795 of the Government Code.
Section 51529 is added to the Health and Safety Code, to read:
Prior to the disbursement of the remainder of funding for the program appropriated in the 2022 Budget Act, and prior to the disbursement of any funding for the program that may be appropriated in the 2023 Budget Act, the agency shall review the program terms and parameters, and shall implement adjustments designed to achieve the following program improvements:
(a) Defining first-generation homebuyers.
(b) Targeting funds to aid first-generation homebuyers.
(c) Supporting an equitable distribution of program funds in different regions of the state.
(d) Prioritizing participation by homebuyers in the lower tiers of the income eligibility structure.
Section 107.7.2 of the Labor Code is amended to read:
Earlier text of § 107.7.2 is not compiled in this navigator, so changes are not marked.
The unit shall do all of the following:
Assist and provide resources to women and nonbinary individuals, including, but not limited to, apprentices and journeypersons in the construction industry, including developing materials for employers and unions to promote the recruitment and retention of women and nonbinary individuals in construction, maintaining an internet website listing workers’ rights, developing training materials specific to women and nonbinary individuals to navigate health and safety and wage and hour laws, and leadership training to increase the upward mobility of women and nonbinary individuals in construction careers.
Provide resources for employers and project owners, including public agencies, to improve construction worksite culture, address barriers to employment, develop training and materials for workforce pipeline professionals specific to women and nonbinary individuals in construction, and interagency training.
Upon request by a state agency and approval by the Secretary of Labor and Workforce Development, establish interagency agreements that shall include the requirements in subdivisions (a) and (b) to promote the recruitment and retention of women and nonbinary individuals in construction.
Notwithstanding Section 3100, preapprenticeship programs shall be eligible for resources provided under this chapter.
The heading of Part 12 (commencing with Section 2695.1) of Division 2 of the Labor Code is amended to read:
Section 2695.3 of the Labor Code is amended to read:
Earlier text of § 2695.3 is not compiled in this navigator, so changes are not marked.
It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.
All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.
On or before January 1, 2026, the Department of Industrial Relations, in consultation with the Employment Development Department, shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on employment of sheepherders and goat herders in California. In preparing the report, the agency shall consult with stakeholders, including, but limited to, sheepherder and goat herder employers and employees. The report shall, at a minimum, cover the following information:
The results of the consultations with stakeholders, including sheepherder and goat herder employers and employees.
Wage violations, including minimum wage and overtime, and compliance with the labor standards in Sections 2695.2 and 2695.4.
Demographic information on the employment of sheepherders and goat herders, including the number of employers and number of employees.
The use of H-2A visas in sheepherding and goat herding.
For purposes of this section and Section 2695.4, “goat herder” means an individual who is employed to do any of the following, including with the use of trained dogs:
Tend herds of goats grazing or browsing on range or pasture.
Move goats to and about an area assigned for grazing or browsing.
Prevent goats from wandering or becoming lost.
Protect goats against predators and the eating of poisonous plants.
Assist in the kidding of goats.
Provide water or feed supplementary rations to goats.
This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
Section 2695.4 of the Labor Code is amended to read:
Earlier text of § 2695.4 is not compiled in this navigator, so changes are not marked.
For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week “on-call” basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.
The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.
An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.
When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.
A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3 of Part 1. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herder’s last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.
No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a day’s work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.
To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.
When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.
During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:
Toilets and bathing facilities, which may include portable toilets and portable shower facilities.
Heating.
Inside lighting.
Potable hot and cold water.
Adequate cooking facilities and utensils.
A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.
All goat herders shall be provided with all of the following at each worksite:
Regular mail service.
A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.
Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable
Visitor access to the housing.
Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.
In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:
For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.
For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.
The affected employee shall receive payment of all wages recovered.
If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.
Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.
This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
Section 716 of the Public Resources Code is amended to read:
Earlier text of § 716 is not compiled in this navigator, so changes are not marked.
Upon approval by the Department of Finance, the department may exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for public works projects under the jurisdiction of the department.
Any right afforded to the department pursuant to subdivision (a) to exercise project planning, design, construction, and administration of contracts and professional services may be revoked, in whole or in part, by the Department of Finance at any time.
Section 17158.1 of the Revenue and Taxation Code is amended to read:
Earlier text of § 17158.1 is not compiled in this navigator, so changes are not marked.
For taxable years beginning on or after January 1, 2020, and before January 1, 2025, gross income does not include grant allocations received by a taxpayer pursuant to the California Microbusiness COVID-19 Relief Program that is administered by the Office of Small Business Advocate pursuant to Article 9 (commencing with Section 12100.90) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code.
Section 41 shall not apply to the exclusion allowed by this section.
Section 24311 of the Revenue and Taxation Code is amended to read:
Earlier text of § 24311 is not compiled in this navigator, so changes are not marked.
For taxable years beginning on or after September 1, 2020, and before January 1, 2025, gross income does not include grant allocations received by a taxpayer pursuant to the California Microbusiness COVID-19 Relief Program that is administered by the Office of Small Business Advocate pursuant to Article 9 (commencing with Section 12100.90) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code.
Section 41 shall not apply to the exclusion allowed by this section.
Section 43101.1 is added to the Revenue and Taxation Code, to read:
(a) Every person, as defined in Section 25118 of the Health and Safety Code, who is subject to the fee imposed pursuant to Section 25205.5.2 of the Health and Safety Code shall register with the California Department of Tax and Fee Administration on forms provided by the California Department of Tax and Fee Administration.
(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
Section 985 of the Unemployment Insurance Code is amended to read:
Earlier text of § 985 is not compiled in this navigator, so changes are not marked.
Section 984 shall not apply to that part of the remuneration which, after remuneration with respect to employment equal to four times the maximum weekly benefit for each calendar year specified in Section 2655 multiplied by 13 and divided by 55 percent has been paid to an individual by an employer, is paid to the individual by the employer.
This section shall not apply with respect to wages paid on or after January 1, 2024.
The Legislature hereby finds and declares that the exclusion authorized by Sections 17158.1 and 24311 of the Revenue and Taxation Code, as extended by this act, serves the public purpose of securing the financial condition of businesses that were economically harmed by the COVID-19 pandemic and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SEC. 27. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order No. N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
(b) The Legislature finds and declares that Section 6 of this act, which adds and repeals Section 11133 of the Government Code, increases and potentially limits the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location.
(2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the Candlestick Point-Hunters Point Shipyard projects located in the City and County of San Francisco.
SEC. 29. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
The sum of one million dollars ($1,000,000) is hereby appropriated from the Labor and Workforce Development Fund to the Department of Industrial Relations, in consultation with the Employment Development Department, to develop a report on the employment of sheepherders and goat herders pursuant to Section 2695.3 of the Labor Code, as amended by this act. These funds shall be available for encumbrance or expenditure until June 30, 2026.
SEC. 31. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
Bill text is the chaptered version from LegiScan (California Legislature); spacing is normalized. Code section text in a bill is the text that bill chaptered, not necessarily the law in effect today. Not legal advice.