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California Hispanic Chambers of Commerce
Summary: Would create, within the Governor's office, the Governor' s Office of Business and Economic Development, which would be administered by a director appointed by the Governor. The bill would require that the office serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth, and would authorize the office to exercise various powers, including, among others, making recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals. The bill would create the California Business Investment Services Program, as specified, within the office, under the authority of the director, for the purpose of serving employers, corporate executives, business owners, and site location consultants who are considering California for business investment and expansion. The bill would also move the Office of Small Business Advocate to the Governor's Office of Business and Economic Development. This bill contains other existing laws.
Summary: Would state the intention of the Legislature to enact legislation that supports entrepreneurship as a form of economic development and job creation in communities throughout this state. This legislation would provide for research and assessment of urban and suburban communities regarding their assets, skills, and needs, and utilize that data to determine economic opportunities in those communities and support access to capital for entrepreneurs in these communities. The legislation would also, among other things, identify opportunities for local and state agencies to remove barriers to make siting, zoning, and licensing easier for small businesses, in order to allow for entrepreneurial job creation, and promote the development of entrepreneurial education curricula and programs.
Summary: Would on and after July 1, 2012, authorize the Department of General Services to direct all state agencies, departments, boards, and commissions to establish the goal to achieve not less than 25% participation by small businesses and, to the extent permitted by law, not less than 5% women's business enterprise participation and not less than 15% minority business enterprises participation, and not less than 3% disabled veteran business enterprise participation in state procurements and contracts. The bill also would require the heads of those state agencies, departments, boards, and commissions to implement and administer the state's procurement and contract processes in order to meet or exceed the goals, and to report to the Director of General Services statistics regarding small business , women's business enterprise, minority business enterprise, and disabled veteran business enterprise participation in those agencies' procurements and contracts. This bill contains other related provisions.
Summary: Would allow a bid preference, as provided, to a bidder of a public works contract if that bidder utilizes the Center for Military Recruitment, Assessment, and Veterans Employment's Helmets to Hardhats program, as specified. This bill would require that the bidder and each listed subcontractor submit a certified statement, as specified, and would impose a civil penalty, as provided, for knowingly providing false information in that statement. This bill would also make various legislative findings and declarations.
Summary: Would require the board, until January 1, 2014, as a priority area of focus and deliberation, to review the state's licensing and permitting regulations as they impact small businesses, with special attention to the regulatory impact on small business startups, and would require each state agency to cooperate with the board in that review. The bill would require the board to report a summary of its findings and recommendations to the Governor, the Small Business Advocate, and the Legislature on July 1, 2012, July 1, F2013, and December 31, 2013, as specified.
Summary: Would delete the provisions establishing the bank within the Business, Transportation and Housing Agency and providing that the Secretary of Business, Transportation and Housing or his or her designee shall serve as chair of the board of directors. It instead would provide that the bank is within state government and that the Director of Finance or his or her designee shall serve as chair of the board of directors. This bill contains other related provisions and other existing laws.
Summary: Would prohibit the commission from commencing the program until the commission adopts a resolution finding that there is sufficient expertise, either directly employed by the commission or employed under a contract with the commission, to assess the credit risk of applicants for assistance under the program and the aggregate credit risk retained by the commission for the loans, loan guarantees, and lines of credit in the commission's program. The bill would require the commission to provide for the development and administration of the program application and evaluation process, and would require that applicants to the program demonstrate that they meet specified requirements. The bill would also require each applicant to pay a nonrefundable application fee. This bill contains other related provisions.
Summary: Would delete the reference to microenterprise development organizations in the definitions of financial intermediary and community development intermediary and would instead provide that a financial intermediary and a community development intermediary include microbusiness lenders, as defined. This bill contains other related provisions and other existing laws.
AB 1137(V. Manuel Pérez) Economic development: foreign trade. (A-06/22/2011 html pdf)
Summary: Would require these provisions of existing law to be known, and would authorize them to be cited as, the California Foreign Free Trade Zone Act. This bill contains other related provisions and other existing laws.
Summary: Would require the secretary to prepare a California Economic and Workforce Development Strategy, as specified, to be updated every 5 y ears. The bill would require the secretary to undertake this process anew in each succeeding 5-year cycle in order to update the economic strategy prior to October 31 of each succeeding 5th year. This bill contains other related provisions.
Summary: Would require, on and after January 1, 2012, an agency to obtain an appraisal by a qualified independent appraiser to determine the fair market value of property before an agency acquires or purchases real property.
Summary: Would also permit the report to include an estimate of the number of jobs created and retained as a result of the system's investment activity. This bill contains other related provisions and other existing laws.
Summary: Would on and after July 1, 2012, authorize the Department of General Services to direct all state agencies, departments, boards, and commissions to establish the goal to achieve 25% small business participation in state procurements and contracts each fiscal year, to ensure that the state's procurement and contract processes are administered in order to meet or exceed the goal, and to report to the Director of General Services statistics regarding small business participation in the agency's procurements and contracts. This bill contains other related provisions.
Summary: Would require local workforce investment boards to spend a certain percentage of available federal funds for adults and dislocated workers on workforce training programs in a manner consistent with federal law, as prescribed, and would allow the boards to leverage specified funds to meet the funding requirements, as specified. This bill contains other related provisions and other existing laws.
Summary: Would require the hearing to commence within 9 months of the date of the filing of the action or proceeding. This bill contains other related provisions and other existing laws.
Summary: Would establish the Small Business Appeals Board in state government, to consist of a specified membership. It would authorize the board to grant a hearing and review the order, ruling, action, or failure to act of any state agency, except a state taxing agency, upon the petition of any small business affected by the order, ruling, action, or failure to act. It would authorize the board to grant any remedy and impose any penalty authorized under existing law governing administrative procedures.
Summary: Would make a nonsubstantive change to those legislative findings.
Summary: Would require the Controller annually to allocate $8,000,000 from the Renewable Resource Trust Fund or other related fund, upon appropriation by the Legislature, to the Superintendent of Public Instruction for expenditure in the form of grants to school districts to be allocated pursuant to the existing provisions for creating and maintaining partnership academies. If funds from the Renewable Resource Trust Fund are insufficient to fully meet that funding requirement in specified fiscal years, the bill would require the Controller to allocate the balance of funds required to meet the funding requirement from the Alternative and Renewable Fuel and Vehicle Technology Fund for these purposes. This bill contains other related provisions and other existing laws.
Summary: Would require the Legislature to convene a joint committee during each regular session to hear testimony from business representatives regarding how to improve job creation and economic development in the state. It would require the committee to transmit a record of the recommendations received to each Member of the Legislature for the purpose of the Legislature's passage of legislation to improve job creation and economic development.
Education
Summary: Would beginning January 1, 2014, create the Lifelong Learning Accounts Initiative Program, for the purpose of providing grants to employers and employees to be used to establish individual lifelong learning accounts, as defined, for the deposit of funds to be used by those employees and employers for purposes related to lifelong education and training. The bill would require the department to establish a grant program and implement and administer the program, as specified. The bill would establish in the State Treasury a Lifelong Learning Program Fund to receive contributions to be used in the program. The bill would require the department to prepare and submit a report to specified legislative fiscal and policy committees, evaluating the effectiveness of the program, as prescribed. The bill would provide that its provisions shall only be implemented if the Director of Finance makes a written determination that there are sufficient funds from sources other than the General Fund available for that purpose.
Summary: Would establish the California Promise Neighborhoods Initiative in the Office of Economic Development. It would require the office to establish 40 promise neighborhoods throughout the state, according to specified criteria, to maximize collective efforts within a community to improve the health, safety, education, and economic development of each neighborhood. It would require the office to use existing state resources and federal funds to implement these provisions, and authorize the office to accept financial support from other public or private sources for these purposes. It would require cities, counties, and school districts electing to participate in the initiative to provide the office with specified information. This bill contains other related provisions and other existing laws.
Summary: Would require the Controller annually to allocate $8,000,000 from the Energy Resources Program Account, upon appropriation by the Legislature, to the Superintendent of Public Instruction for expenditure in the form of grants to school districts to be allocated pursuant to the existing provisions for creating and maintaining partnership academies. The bill would require a grantee to implement or maintain a partnership academy that focuses on employment in clean technology businesses and renewable energy businesses and provides skilled workforces for the products and services for energy or water conservation, or both, renewable energy, pollution reduction, or other technologies. This bill contains other related provisions and other existing laws.
Summary: Would authorize the University of California and the California State University to consider race, gender, ethnicity, and national origin, along with other relevant factors, in undergraduate and graduate admissions, to the maximum extent permitted by the 14th Amendment to the United States Constitution, Section 31 of Article I of the California Constitution, and relevant case law. This bill contains other related provisions.
Summary: Would instead allow the specified charter school or schools to operate until June 30, 2018 , subject to the approval of the county board of education for continued operation after June 30, 2013. This bill contains other related provisions and other existing laws.
Summary: Would provide that an institution is prohibited from entering into an agreement for a program or course of instruction given in English with a nonnative speaker of English, as defined, unless the prospective student first takes and passes an English proficiency test, as specified. The bill would require that English proficiency tests be given to prospective students at a place off campus by an independent test administrator without charge to the student and in accordance with all procedures and requirements specified by the test publisher. The bill would require that the tests be paid for by the institution and graded off campus by an independent test administrator. The bill would prohibit employees or representatives of the school from influencing the giving, monitoring, or scoring of the tests. The bill would provide, if a prospective student is unable to pass the tests, that it may be readministered only as specified. This bill contains other related provisions.
Summary: Would require an undesignated state entity to establish an additional accountability framework for achieving prescribed educational and economic goals. The bill would require that the framework so established follow stated principles. The bill would require this framework to measure the collective performance of the state's system of higher education in successfully serving students by answering 6 statewide policy questions. This bill contains other related provisions and other existing laws.
Summary: Would authorize the Fremont Redevelopment Agency to adopt a redevelopment plan for a project area encompassing or surrounding the New United Motor Manufacturing, Inc. (NUMMI) automobile manufacturing plant and the Warm Springs Bay Area Rapid Transit (BART) station. The bill would set forth alternative conditions that cause blight for the purpose of the adoption of this redevelopment plan. The bill would provide that the redevelopment plan would not be required to demonstrate conformance with the community's general plan, but would prohibit the agency from receiving or using tax increment funds from the project area until its legislative body determines that the redevelopment plan is consistent with the general plan. The bill would also make other changes to the plan adoption process in order to streamline that process. This bill contains other related provisions and other existing laws.
Summary: Would rename the act as the California Economic and Community Development Zone Act. This bill contains other related provisions and other existing laws.
Summary: Would delete that purpose and instead provide that the purpose of the act is to help stabilize local communities, alleviate poverty, and enhance the state's economic prosperity through the implementation of public and privately funded programs and services that stimulate business and industrial growth in the depressed areas of the state. This bill contains other related provisions and other existing laws.
Summary: Would require the Superintendent or the Chancellor to require recipients of reimbursements for related and supplemental instruction provided to apprentices in the building and construction trades to report annually, prior to receiving reimbursement, information concerning the number and percentage of those apprentices who have received postsecondary educational credit and the amount of credit earned, and the number and percentage of apprentice graduates who have completed a postsecondary degree. The bill would require this information to be formatted for collection and presentation so as to best convey pupil progress toward degree completion for each participating institution and would also require the Superintendent or Chancellor, upon request, to provide the information to the Division of Apprenticeship Standards in the Department of Industrial Relations .
Summary: The Enterprise Zone Act provides for the designation of enterprise zones by the Department of Community Housing and Development, pursuant to which certain entities within a designated enterprise zone may receive regulatory, tax, and other incentives for private investment and employment, and sets forth the findings and declarations of the Legislature in this regard. This bill would make a technical, nonsubstantive change to these provisions.
Summary: Would revise various definitions for purposes of the act and modify specified requirements for designating and administering enterprise zones, LAMBRAs, and G-TEDAs collectively. The bill would impose new requirements on the Department of Housing and Community Development with respect to the enterprise zone program and modify department and Franchise Tax Board reporting requirements.
Summary: Would modify the definition of a targeted employment area, as specified. This bill contains other related provisions and other existing laws.
Summary: Would require the disclosure of information on health care coverage through the California Health Benefit Exchange, under specified circumstances, by health care service plans, health insurers, employers, employee associations or other entities, or, on and after January 1, 2013, by the court, upon the filing of a petition for dissolution of marriage, nullity of marriage, legal separation, or adoption. This bill contains other related provisions and other existing laws.
Summary: Would state the intent of the Legislature to ensure that counties address the needs of underserved communities by maximizing the use of nonprofit health providers that are critical to the health of farmworkers and other individuals, as specified. This bill would establish the Task Force on the Health Care Needs of Farmworkers, composed as prescribed, to develop a comprehensive agenda of programs and public policy initiatives that are designed to address the health care needs of farmworkers in California, and provide a report containing specified information to the office of the Governor and the State Department of Health Care Services by December 31, 2013. This bill would provide that the task force is to be funded by federal or private funds and that if, by January 1, 2013, the office of the Governor determines that the task force has insufficient funding to carry out its activities, the activities of the task force shall cease. This bill would repeal these provisions as of January 1, 2014. This bill contains other related provisions and other existing laws.
Summary: Would require plans and insurers to categorize all products offered in the individual market into 5 tiers according to actuarial value, as specified, and would require plans and insurers to disclose this value and other information in certain disclosure forms. These requirements would become operative 30 days after the issuance of federal guidance on minimum essential benefits. This bill contains other related provisions and other existing laws.
Summary: Would provide that no reimbursement is required by this act for a specified reason. This bill contains other existing laws.
Summary: Would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. This bill contains other related provisions and other existing laws.
Summary: Would increase the minimum wage, as of January 1, 2012, to not less than $8.50 per hour. This bill contains other related provisions.
Summary: Would require the CWIB, by July 1, 2012, in consultation with the Green Collar Jobs Council (GCJC), to establish the California Renewable Energy Workforce Readiness Initiative to ensure green collar career placement and advancement opportunities within California's renewable energy generation, manufacturing, construction, installation, maintenance, and operation sectors that is targeted toward specified populations. The bill would require that the initiative provide guidance to local workforce investment boards on how to establish comprehensive green collar job assessment, training, and placement programs that reflect the local and regional economies, as prescribed. The bill would require the CWIB, in developing the initiative, to assist the local workforce investment boards in collecting and analyzing specified labor market data, in order to assess accurately the workforce development and training needs of local or regional industry clusters. The CWIB would be required to submit to the Legislature, by January 1, 2014, a report on the implementation of the initiative. The bill would require that the board only implement the initiative established pursuant to provisions of the bill if the Director of Finance determines that there are sufficient funds made available to the state for expenditure for the initiative pursuant to the federal American Recovery and Reinvestment Act of 2009, the federal Workforce Investment Act of 1998, or other federal law, or from other non-General Fund sources, and would require that the initiative terminate at such time that the director determines that there are no longer sufficient funds available for the initiative.
Summary: Would also authorize an employer to deposit an employee' s wages or advance on wages in an industrial bank or a trust company. In addition, this bill would permit an employer to transfer an employee's wages or advance on wages to a card issued by a specified financial institution, if the employee voluntarily authorizes the transfer and the card can be used to access funds at an automated teller machine in California, provided the employee is entitled to at least one pay card transaction without charge per pay period. The bill would also refer to a savings association instead of a savings and loan association. This bill contains other related provisions and other existing laws.
Summary: Would prohibit an employer from refusing to grant a request by any employee to take up to 3 days of bereavement leave or to interfere with or restrain an employee from doing so. This bill would authorize an employee who has been discharged, disciplined, or discriminated against for exercising his or her right to bereavement leave to bring a civil action against his or her employer for reinstatement, specified damages, and attorney's fees. The provisions of the bill would not apply to an employee who is covered by a valid collective bargaining agreement that provides for bereavement leave and other specified working conditions.
Summary: Would provide that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick days, as defined, which shall be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th calendar day of employment. The bill would require employers to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee's family member, or for leave related to domestic violence or sexual assault. An employer would be prohibited from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements. The bill would also make conforming changes. This bill contains other related provisions.
Summary: Would provide that in addition to being subject to a civil penalty, any employer who pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission shall be subject to paying restitution of wages to the employee. This bill contains other related provisions and other existing laws.
Summary: Would also make it an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under the above provisions. This bill would also state that the changes made by this bill to the above provisions are declaratory of existing law. This bill contains other related provisions and other existing laws.
Summary: Would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.
Summary: Would add an injury or condition occurring on or after January 1, 2012, where surgery or recovery from surgery occurs after 104 weeks of temporary disability benefits have been paid, provided that specified conditions are met, to the injuries or conditions for which aggregate disability payments for a single injury causing temporary disability are prohibited from extending for more than 240 compensable weeks within a period of 5 years.
Summary: Would prohibit a person or entity from providing, advertising for, or otherwise holding itself out as providing, professional employer services in the state, unless that person or entity is registered as a professional employer organization with the department. The bill would require the director to prescribe rules establishing the method for professional employer organizations to report quarterly wages and contributions to the director for worksite employees, as specified.
Summary: Would authorize individuals who are eligible to receive training services under federal law to have the opportunity to select any of the eligible training providers from any of the local areas in the state. The bill would require the California Workforce Investment Board to establish a procedure for use by local workforce investment boards in determining the eligibility of a provider of training services, as prescribed, in accordance with various requirements.
Summary: Would , instead, pr ohibit a talent agency from refusing to represent any artist based upon the artist's sex, race, color, religion, ancestry, national origin, disability, marital status, or sexual orientation .
Summary: Would prohibit willful misclassification, as defined, of individuals as independent contractors. The bill also would prohibit charging individuals who have been mischaracterized as independent contractors a fee or making deductions from compensation, as specified, where those acts would have violated the law if the individuals had not been mischaracterized. The bill would authorize the Labor and Workforce Development Agency to assess specified civil penalties from, and would require the agency to take other specified disciplinary actions against, persons or employers violating these prohibitions. It would also require the agency to notify the Contractors' State License Board of a violator that is a licensed contractor, and require the board to initiate an action against the licensee. The bill would authorize an individual to file a complaint, as specified, to request the Labor Commissioner to issue a determination that a person or employer has violated these prohibitions with regard to the individual filing the complaint. The bill would authorize the Labor Commissioner to assess civil and liquidated damages against a person or employer based on a determination that the person or employer has violated these prohibitions. This bill contains other related provisions.
Miscellaneous
Summary: Would prohibit public officials and agencies from adopting a policy that limits or restricts the enforcement of federal immigration laws or that restricts the sharing of a person's immigration status, as specified. The bill would allow any person to bring an action against an entity to enforce these provisions. This bill contains other related provisions and other existing laws.
Summary: Would provide that a person without legal authority to reside in the United States but who has continuously resided in California since January 1, 2007, shall have the same rights and responsibilities that are afforded to any other legal permanent resident in this state pursuant to the California Constitution and any other state or local law or regulation, if the person is in compliance with certain requirements. The bill would require the Governor to seek certain federal waivers in that regard.
Summary: Would additionally authorize a new citizen to register and vote at another location designated by the county elections official, and extend that period until the close of polls on election day. By increasing the duties of local elections officials, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
Summary: Would make a clarifying change to the provisions relating to the standards for English language development. This bill contains other related provisions and other existing laws.
Summary: Would revise and expand the duties of the State Personnel Board with regard to the surveys and implementation plans, and the report required to be submitted by the board. This bill would require state agencies to use specified criteria to determine whether the state agency serves a substantial number of non-English-speaking people for purposes of the act.
Summary: Would authorize the State Department of Education to make these primary language assessments available to school districts and charter schools to assess their nonlimited-English-proficient and redesignated fluent-English-proficient pupils who are enrolled in a dual language immersion program and would require a school district or charter school that chooses to administer a primary language assessment pursuant to this authority to do so at its own expense and to enter into an agreement for that purpose with the state testing contractor, subject to the approval of the department. The bill would state legislative findings and declarations regarding primary language assessments. This bill contains other existing laws.
Summary: Would establish the California Financial Literacy Fund in the State Treasury for the purpose of enabling partnerships with the financial services community and governmental and nongovernmental stakeholders to improve Californians' financial literacy. The bill would require the fund to be administered by the Controller and would authorize the Controller to deposit private donations into the fund. The bill would require those moneys to be made available upon appropriation in the annual Budget Act and would require donations to be returned to contributors if not appropriated within 18 months. The bill would authorize the Controller to convene an advisory committee to provide additional oversight of the fund and develop strategies to improve financial literacy. The bill would prohibit use of donations to promote or market the financial products of any contributor. The bill would require the Controller, beginning in 2013, to provide an annual summary to specified committees of the Legislature on the use of those moneys appropriated from the fund.
Summary: Existing law prohibits a peace officer from detaining or arresting a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age. This bill would make technical, nonsubstantive changes to these provisions.
Summary: Would provide that the bureau may revoke this exemption if it finds that an institution has failed to comply with the provisions related to the Student Tuition Recovery Fund. This bill contains other related provisions and other existing laws.
Summary: Would authorize a community college district to enroll high school pupils who are not residents of the district in a program developed and implemented by the district, as specified.
Summary: Would add a provision to the Donahoe Higher Education Act that would provide that any student, including a person without lawful immigration status, or a person who is exempt from nonresident tuition, as described above, may serve in any capacity in student government at the California State University or the California Community Colleges and receive any grant, scholarship, fee waiver, or reimbursement for expenses that is connected with that service to the full extent consistent with federal law. The University of California would be requested to comply with this provision. This bill contains other related provisions and other existing laws.
Summary: Would require the Governor to establish a Internet Web site, known as the California Licensing and Permit Center (CLPC), to assist the public with licensing, permitting, and registration requirements of state agencies. This bill would require the Governor to operate, via both e-mail and telephone methods, a help center to assist applicants with licensing, permitting, and registration requirements. This bill would require state agencies that the Governor determines has licensing authority to cooperate with this program by providing accurate updated information about their licensing requirements. This bill contains other related provisions.
Summary: Would declare the intent of the Legislature to enact legislation to improve the health of children in California by setting healthier standards for children's meals that are accompanied by toys and other incentive items.
Summary: Would require the Secretary of California Emergency Management to consider the multiple languages and needs of populations who have limited proficiency in the English language during emergency preparedness planning, response, and recovery. The bill would also require the secretary to work in collaboration with ethnic media and ethnic community-based organizations in developing communication strategies about alert and warning information, and to use a registry of qualified bilingual persons in public contact positions, as defined, to assist in emergency preparedness, response, and recovery, as the secretary deems necessary.
Summary: Would instead authorize the face amount of a check for a deferred deposit transaction to be up to $500 .
Summary: Would extend the repeal date of the CHCF-A and CHCF-B program requirements until January 1, 2015. This bill contains other related provisions and other existing laws.
Summary: Would make it a violation of the Unruh Civil Rights Act to adopt or enforce a policy that requires, limits, or prohibits the use of any language in or with a business establishment, unless the policy is justified by a business necessity, as defined, and notification has been provided to persons subject to the language restriction or requirement of the circumstances and the time when the language restriction or requirement is to be observed and of the consequences for its violation. The bill would define business necessity to require, among other things, that the language restriction or requirement is necessary for the safe and efficient operation of the business and that an equally effective, but less discriminatory, alternative practice does not exist. The bill would provide for an award of damages, and attorney's fees as may be determined by the court, for a violation of its provisions.
Summary: Would in addition, require a city, county, or city and county, including a charter city, prior to approving or disapproving a proposed development project that would permit the construction of a superstore retailer, as defined, to cause an economic impact report to be prepared, as specified, to be paid for by the project applicant, and that includes specified assessments and projections including, among other things, an assessment of the effect that the construction and operation of the proposed superstore retailer will have on retail operations and employment in the same market area. The bill would also require the governing body to provide an opportunity for public comment on the economic impact report. By increasing the duties of local public officials, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
Summary: Would revise various provisions of the act with respect to the duties of the Office of Administrative Law and state agencies in the adoption, amendment, or repeal of regulations. The bill would also require each state agency to prepare a standardized regulatory impact analysis, as specified, with respect to the adoption, amendment, or repeal of a major regulation, as defined, that is proposed on or after November 1, 2013. The bill would require that the agency submit the analysis to the Department of Finance for review and comments, as specified, which would be required to be included with the notice of proposed action. This bill contains other related provisions and other existing laws.
Summary: Would repeal the California High Speed Internet Access Act of 1999. This bill contains other related provisions and other existing laws.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides for a public review period for the public to review a draft EIR, proposed negative declaration, or proposed mitigated negative declaration. CEQA requires a lead agency to evaluate and respond to comments on a draft EIR, proposed negative declaration, or proposed mitigated negative declaration made during the public review period and authorizes a lead agency to evaluate and respond to comments made on a draft EIR when the comments are submitted after the public review period. CEQA requires an action or proceeding alleging noncompliance with its requirements to be based on grounds that were presented to the public agency orally or in writing by any person unless the person objected to the approval of the project orally or in writing, during the public comment period provided under CEQA or prior to the close of the public hearing on the project before the issuance of the notice of determination. This bill instead would prohibit these actions or proceedings unless the oral or written presentation or objection occurs during the public comment period provided under CEQA or prior to the close of the public hearing on the project before the filing, rather than issuance, of the notice of determination.
Summary: Would establish notice requirements for an alleged aggrieved party to follow before bringing an action against a business for an alleged violation of the above-described provisions. The bill would require that party to provide specified notice to the owner of the property, agent, or other responsible party where the alleged violation occurred. The bill would require that owner, agent, or other responsible party to respond within 30 days with a description of the improvements to be made or with a rebuttal to the allegations, as specified. If that owner, agent, or other responsible party elects to fix the alleged violation, the bill would provide 120 days to do so. The bill would provide that its provisions do not apply to claims for recovery of special damages for an injury in fact, and would authorize the court to consider previous or pending actual damage awards received or prayed for by the alleged aggrieved party for the same or similar injury. The bill would further state the intent of the Legislature to institute certain educational programs related to special access laws. This bill contains other related provisions.
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would make a technical, nonsubstantive change in those provisions relating to the requirements imposed on a lead agency for the compliance project. This bill contains other existing laws.
Summary: Would permit an employer to raise as an affirmative defense that, at the time of an alleged violation, the employer was acting in good faith and in compliance with or reliance upon an applicable employment statute or regulation.
Summary: Would require the office to provide information to developers explaining the permit approval process at the state and local levels, or assisting them in meeting statutory environmental quality requirements, as specified, and would prohibit the office or the state from incurring any liability as a result of the provision of this assistance. The bill would require the office to assist state and local agencies in streamlining the permit approval process, and an applicant in identifying any permit required by a state agency for the proposed project. The bill would authorize the office to call a conference of parties at the state level to resolve questions or mediate disputes arising from a permit application for a development project. The bill would require that the office be located exclusively in Sacramento, and to consist of no more than 4 personnel through 2013. This bill contains other related provisions and other existing laws.
Summary: Would also make various technical, nonsubstantive changes. This bill contains other related provisions.
Summary: Would additionally require a state agency to review and report on regulations that it adopts or amends on and after January 1, 2012, 5 years after adoption, as specified. The bill would require that the review and report include 10 specified factors, including a summary of the written criticisms of the regulation received by the agency within the immediately preceding 5 years and the estimated economic, small business, and consumer impact of the regulation. The bill would require the Office of Administrative Law to make the review and report available on the office's Internet Web site.
Summary: Would require that the notice of proposed action also be submitted to the Legislature if it includes particular information relating to economic and cost impacts of the regulation on businesses and private persons.
Summary: Would declare that it is the intent of the Legislature that only the court not substitute its judgment for that of the rulemaking agency. This bill contains other related provisions and other existing laws.
Summary: Would modify the definition of officer to include secretary.
Summary: Would also provide that the activities of the office in reviewing and approving regulations, and amendments or repeal of regulations, as prescribed, be exempt from the California Environmental Quality Act. This bill contains other related provisions and other existing laws.
Summary: Would until January 1, 2013, require each state agency, defined, to mean every state office, officer, department, division, bureau, board, and commission, except the California State University within 180 days of the effective date of the bill, to undertake specified actions in regards to the regulations that have been adopted by the state agency, including, among others, identifying any regulations that are duplicative, overlapping, inconsistent, or out of date, and adopting, amending, or repealing regulations to reconcile or eliminate any duplication, overlap, inconsistency, or out-of-date provisions, after conducting a publicly noticed hearing, as specified, and using procedures for adopting emergency regulations. This bill contains other related provisions and other existing laws.
Summary: Would require that the impact assessment include specified additional criteria. The bill would also require the agency to submit economic assessments for certain regulations to the office for purposes of reviewing them and determining whether the assessment is based upon sound economic knowledge, methods, and practices, as specified. The bill would also require the office to reject a regulation that is based upon an economic assessment that was determined to not be based on sound economic knowledge, methods, and practices, as specified.
Summary: Would require that every regulation proposed by an agency after January 1, 2012, include a provision repealing the regulation in 5 years. The bill would prohibit the office from approving a proposed regulation unless it contains repeal provisions. The bill would authorize an agency, in the year prior to a regulation's scheduled repeal, to amend the regulation to extend the repeal date, as specified, after complying with certain public hearing requirements.
Summary: Would require the agency, if it does not, or is unable to, consult with these parties to inform in writing the Office of Small Business Advocate and the Department of Finance of its decision and the reasons for not consulting the impacted businesses. This bill contains other related provisions and other existing laws.
Summary: Would additionally require the California Environmental Protection Agency, the entities that comprise that agency, and the Division of Occupational Safety and Health, when proposing to adopt, amend, or repeal an administrative regulation, to complete an economic impact analysis of that action prior to the adoption, amendment, or repeal. The bill would require the economic impact analysis to contain the projected cost of the action to the General Fund, the projected total economic impact of the action, including the cost to private sector employers and the estimated number of jobs to be lost, a description of all feasible regulatory alternatives and a cost-benefit analysis of each alternative, and a summary of written comments, as specified. The bill would require the agency to subject the report to a review by an independent entity, as defined, and to make the economic impact report available on the agency's Internet Web site.
Summary: Would also require an agency to produce, as part of the required impact assessment, a detailed estimate of the cumulative statewide cost impacts for affected businesses . This bill would require the agency to notify specified committees of the Legislature if the estimated cumulative statewide cost impacts for affected businesses exceed $10,000,000 , as specified. This bill contains other related provisions.
Summary: Would reduce the total amount of credit which may be allocated under those laws to $200,000,000. This bill contains other related provisions.
Summary: Would revise the definition of a "retailer engaged in business in this state" to temporarily eliminate the above-mentioned inclusions in that definition, and would condition the commencement of the operation of these inclusions upon the enactment of a certain federal law and the state's election to implement that law. This bill, for purposes of one of those inclusions, would revise the cumulative sales condition to increase the amount of total cumulative sales of tangible personal property to purchasers in this state to an amount in excess of $1,000,000. This bill contains other related provisions.
Summary: Would under both laws, for taxable years beginning on and after January 1, 2011, and before January 1, 2015, allow a credit to a qualified employer , which means an employer of 30 or more employees who are located in California , of either $3,000 or $5,000, as specified, for each qualified employee, as defined, employed by the qualified employer , as specified . This bill contains other related provisions.
Summary: Would for the first 6 taxable years of a corporation, limited partnership, limited liability partnership, and limited liability company that is a small business, as defined, and that first commences business operations on or after January 1, 2012, and before January 1, 2018, reduce that minimum tax, as provided. This bill contains other related provisions.
Summary: Would instead specify that when 100% of the ownership interests in a legal entity, as defined, are sold or transferred in a single transaction, as specified, the real property owned by that legal entity has changed ownership, whether or not any one legal entity or person that is a party to the transaction acquires more than 50% of the ownership interests. The bill would require the State Board of Equalization to notify assessors when a change in ownership as so described occurs. This bill contains other related provisions and other existing laws.
Summary: Would create the Business Master License Center, which would have prescribed duties, including, but not limited to, developing and administering a computerized one-stop master license system capable of storing, retrieving, and exchanging license information, as well as issuing and renewing master licenses, as specified. The bill would permit the Governor to appoint a 3rd-party facilitator from the business community, to provide oversight over the creation of the center and the development of its master license system. This bill contains other related provisions.
Summary: Would for taxable years beginning on or after January 1, 2011, provide that gross income does not include any gain from the sale or exchange of a capital asset, as defined, that is purchased during the 2011 or 2012 calendar year, and is held for more than one year. This bill contains other related provisions.
Summary: Would under both laws, for taxable years beginning on or after January 1, 2012, redefine "qualified employer" to mean a disabled veteran business enterprise, a disadvantaged business enterprise, a microbusiness, or a small business, respectively, as defined and redefine "qualified full-time employee," as provided. This bill contains other related provisions.
Summary: Would for each taxable year beginning on or after January 1, 2011, allow a credit of up to $500 per eligible student for qualified costs, as defined, paid or incurred by a qualified taxpayer, as defined, at a qualified educational institution, as defined, on behalf of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer. The credit would be limited for all taxable years to a total of $2,000 per eligible student. This bill contains other related provisions.
Summary: Would authorize the State Board of Equalization or the Controller to withdraw notice of a state tax lien if the liability that gave rise to the state tax lien, including penalties and interest, is paid in full. This bill would further require that any withdrawn state tax lien be applied as if notice of the state tax lien had not been filed, and require, as specified, written notice of the withdrawal of the state tax lien.
Summary: Would further define a retailer engaged in business in this state as a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty. The bill would also include specified retailers as retailers engaged in business in this state and would eliminate an exclusion.
Summary: Would make the provision of law governing the administration of franchise and income tax laws the exclusive means to award attorney's fees in any civil proceeding described above, and would prohibit attorney's fees from being awarded pursuant to any other statutory provision or common law doctrine regarding the award of attorney's fees. This bill also would prohibit a person from charging a contingent fee, as defined, for any matter involving a tax imposed under the Revenue and Taxation Code, and would impose a penalty, as provided, for failing to comply with this requirement. This bill would authorize specified state agencies to request a written certification from those persons, filed under penalty of perjury, that a fee charged for those services does not include a contingent fee. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.
Summary: Would further define a retailer engaged in business in this state as a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty.
Summary: Would establish the High-Speed Rail Local Master Plan Pilot Program, applicable to specified cities and counties, and would authorize each of those jurisdictions to prepare and adopt, by ordinance, a master plan for development in the areas surrounding the high-speed rail system in each jurisdiction. The bill would authorize the high-speed rail master plan to include incentives for encouraging investment and coherent growth in the areas surrounding the high-speed rail system in each participating jurisdiction. The bill would also authorize the participating jurisdictions to collaborate with the State Air Resources Board to develop incentives to encourage development while concurrently reducing greenhouse gas emissions, consistent with or pursuant to the California Global Warming Solutions Act of 2006 or another specified provision of law requiring the board to provide greenhouse gas emission reduction targets for the preparation of regional sustainable communities strategies. The bill would authorize the master plan to exceed the requirements of the jurisdiction's general plan or the applicable regional sustainable communities strategy with respect to fostering sustainable communities around the high-speed rail system. This bill contains other related provisions and other existing laws.
AB 365(Galgiani) High-speed rail: contracts: small businesses. (A-04/14/2011 html pdf)
Summary: Would enact similar penalties relative to the certification of businesses as small business enterprises by the authority and for other unlawful actions. This bill contains other existing laws.
Summary: Would require the authority to identify essential components of, and adopt, a small business enterprise program as part of contracts to be awarded by the authority relative to development and construction of the high-speed rail system and to adopt an oversight and accountability program for the small business enterprise program . The bill would require the authority to report annually to the Department of General Services and Legislature in that regard and post the report on its Internet Web site .
Summary: Would require the authority, in awarding contracts for the construction of the high-speed rail system with state or federal funds, to develop a strategy in conjunction with the Employment Development Department to ensure that at least 25% of the project workforce used at each authority worksite is from the local workforce, and to report on that strategy in the business plan to be submitted on January 1, 2012, or as an addendum to that plan to be submitted on March 1, 2012 . This bill contains other related provisions.
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Legislative CHCC Bill Watch
Legislative CHCC Bill Watch
