AB 539 - Third and Fourth Year Dental Students
Signed into law August 25, 2004 by Governor Schwarzenegger – Chapter 294
This bill will allow third- and fourth-year dental students to take the state licensure exam to become dental hygienists if they are in good standing at an accredited California dental school. The legislation further stipulates that dental students who successfully pass the dental hygiene exam can only practice in dental offices or clinics that serve patients insured by Denti-Cal, Healthy Families, or other government programs or in offices and clinics that provide services to patients on a sliding scale system based on income. This bill will help address the shortage of dental hygienists in our state, for both underserved populations and in general. Current statistics from the Employment Development Department (EDD) reveal that California is only licensing 900 new dental hygienists each year although we need an additional 330 annually to serve our growing population.

AB 1020 - Contaminated Water Supply: Cause of Action
Under current law, water agencies may bring a civil action against persons who are found to have diverted a public water supply or tampered with a water meter. However, there is no provision allowing a water agency to bring a civil action against a person who is found to have dumped or otherwise be responsible for the presence of contaminants or hazardous materials in a public water supply. The purpose is to help public water agencies recoup the costs that are incurred when public water supplies are purposely contaminated. In an era of increased water resource protection and homeland security concerns, this bill helps to alleviate the costs that are a result of pollution and contamination.

AB 1300 - Monterey Peninsula Water Management District – Water Supply Projects
This bill would require that a water project for the Monterey Peninsula, in order to receive state grants or approvals, would have to (1) meet the requirements of State Water Resources Control Board Decision 95-10 to stop over-pumping from the Carmel River by the California-American Water Company, and (2) provide water for affordable housing as included in local General Plans for the local workforce. The bill would specify that if a water project for the Monterey Peninsula were not authorized by January 1, 2010 the Monterey Peninsula Water Management would not be authorized to exercise its authority to construct water supply facilities.

AB 1367 - Hazardous Waste Regulation
Signed into law September 28, 2004 by Governor Schwarzenegger – Chapter 850
From 1997 through 2002, the Department of Toxic Substance Control (DTSC) was granted temporary authority by the Legislature to establish alternative hazardous waste management standards. The DTSC used this authority to adopt universal waste regulation for a limited number of wastes, which could not otherwise be disposed of as dictated by the Hazardous Waste Control Law. This authority expired on 1/1/03, which prevents the DTSC from adding or modifying its universal waste regulations, as well as from addressing other waste streams that may benefit from other types of tailored management standards. This bill would extend this authority until January 1, 2007 to help facilitate the safe collection, recycling, and disposal of hazardous wastes managed in accordance with alternative standards.

AB 1699 - Mercury Lamps
This bill would establish the Mercury Recycling Enhancement Act of 2004. Under current law the Department of Toxic Substances Control and the State Water Resources Control Board oversee the proper disposal and recycling of material that contains mercury. This bill aims to ensure that fluorescent lights are disposed of in a safe and environmentally sound manner, particularly because they contain a significant amount of mercury. Since there is no current alternative to the use of mercury to enable fluorescent lamps to work, and since fluorescent lamps provide a strong energy saving alternative to regular incandescent lamps, it is likely that a greater volume of mercury will be released into the state's environment unless an effective recycling program is developed. If passed, this bill will put in place a number of findings related to the hazards presented by the improper disposal of fluorescent lamps and establish procedures by which they should be appropriately disposed.

AB 1701 - State Land Acquisition
Signed into law September 23, 2004 by Governor Schwarzenegger – Chapter 708
Current law requires state land acquisitions to be at or below fair market value, and mandates appraisal review and approval by the Department of General Services. However, there is little indication in state law as to how large land acquisitions must be in order to be publicly disclosed. This bill would define a major state land acquisition where an agency proposes to spend $25 million and implement a number of procedures to provide for public accountability and independent assessment of the acquisition.

AB 2465 - Release of Hazardous Materials
This bill is a technical clean up measure that would eliminate obsolete language relating to Certified Unified Program Agency (CUPA) activities. CUPA is the state designated local enforcement agency that oversees the establishment and implementation of business and area plans that stipulate how hazardous materials are disposed. Essentially it would eliminate some Health and Safety Code provisions that are no longer relevant.

AB 2466 - California Environmental Protection Agency
Another technical measure, this bill would clean up references to an obsolete provision relating to the duties of deputy secretaries of the California Environmental Protection Agency. More specifically it eliminates inaccurate code reference with regard to the deputy secretaries for environmental protection.

AB 2600 - Sierra Conservancy
Signed into law September 23, 2004 by Governor Schwarzenegger – Chapter 726
Since 1976 the State Legislature has created eight nature conservancies to help local governments create open space, protect wildlife habitats, protect working landscapes, and provide recreational opportunities. However there is no current conservancy to provide for and protect one of our state's most valuable and naturally beautiful resources: the Sierra. This bill would create a Sierra Conservancy that would help identify and acquire funding and resources to aid local governmental, community and non-profit efforts to preserve and manage public lands.

AB 2717 - Urban Landscape Water Conservation
Signed into law September 22, 2004 by Governor Schwarzenegger – Chapter 682
As California continues to grow, the importance of urban water conservation standards and practices are becoming more and more essential to creating a livable and viable community. In order to help increase efficient water use throughout the state, and promote public and private partnerships to meet urban water conservation water goals, the California Urban Water Conservation Council (CUWCC) was established, which is now made up of more than 400 members throughout the state. This bill would request the CUWWC to convene a stakeholder-working group that would report to the Legislature and the Governor how the state can improve the efficient use of water in new and existing urban irrigated landscapes by December 31, 2005.

AB 2718 - Community Interest Developments: Summary of Existing and Projected Assessments
Signed into law September 24, 2004 by Governor Schwarzenegger – Chapter 766
Currently, state law requires the homeowners' association of a condominium (and other forms of common interest developments) to annually provide to its members an analysis of the adequacy of reserve funds, which are used for the repair of roofs and other items. These reports are often thick and difficult to understand. This bill would require the homeowners' association to provide homeowners with an easy-to-understand summary of current and future assessments, and expected repair needs and of reserve amounts available. This bill is sponsored by the California Realtors Association.

AB 2719 - Public Access to the California State Archives
Signed into law September 25, 2004 by Governor Schwarzenegger – Chapter 783
Under current law, the California Public Records Act allows every person to access public records, except for specific documents that pertain to a person's private information. However, this law is also intended to ensure that the public's goal of retaining government accountability through public oversight is maintained. As sponsored by the Secretary of State, this bill would allow the State Archive to make public any document no later than 75 years after it was created. The primary intent of this bill is to allow someone who is pursuing personal genealogical or health-related information stored by the State Archive to access needed records to complete their research.

AB 2720 - Engineering Practices for Hospital Construction
Signed into law July 23, 2004 by Governor Schwarzenegger – Chapter 192
This bill is intended to help modernize existing law so that it can mirror current construction practices to better meet our state's hospital needs. Under current law, only an architect or structural engineer may prepare plans or administer hospital construction. This bill would expand that allowance to include the appropriate engineer as determined by the type of construction that needs to be done. By doing so, it would bring state law into compliance with current day engineering practices. The bill is sponsored by the Consulting Engineers and Land Surveyors of California (CELSOC).

AB 2721 - Double Fine Zones on Specified Roadways and Highways
Current law allows for the creation of Double Fine Zones (DFZ) on streets, roads and highways to help reduce the amount of speeding, reckless driving and vehicle accidents. Its purpose is to help dissuade drivers from disobeying traffic laws in areas that are highly susceptible to accidents and other dangerous incidents. Signs are clearly posted in DFZs to help make drivers aware that they are entering an area where they will receive an enhanced fine. Drivers who commit driving infractions in DFZ areas have their fines doubled, which are then added on to the normal ticket amount. This bill would create a DFZ on a section of Highway 1 as it passes through the City of Santa Cruz, commonly known as Mission Street, a section of Carmel Valley Road, and a portion of State Route 101 in Prunedale. It would also extend the existence of another DFZ until 2008 on State Route 101 between Arcata and Eureka.

AB 2722 - Natural Heritage Preservation Tax Credit Program
Signed into law September 23, 2004 by Governor Schwarzenegger – Chapter 715
Under the Natural Heritage Preservation Tax Credit Program, any person who donates land to the state, a local government entity or a non-profit organization for use in a conservation plan, as a wildlife corridor or for park or open space, may qualify for a 55 percent tax credit against their state personal or corporate income tax. This bill would allow state departments authorized to acquire land with certain state bond funds to utilize the Natural Heritage Preservation Tax Credit, thereby acquiring land at 55% of market value, which would save the state millions of dollars.

AB 2723 - Express Warranty Coverage under the Song-Beverly Act
Signed into law August 30, 2004 by Governor Schwarzenegger – Chapter 331
Under the Song-Beverly Act, purchased consumer goods are protected under implied and expressed warranties. Under a recent Sixth District Court of Appeals ruling, however, it was determined that the definition of "consumer goods" did not necessarily cover building materials, such as roofing shingles. To remedy this deficiency, this bill, sponsored by Attorney General Bill Lockyer, would clarify that existing consumer protection laws regarding express warranties apply to goods that cannot be serviced or repaired due to their method of installation or because they have become attached to real property that removal is impractical.

AB 2724 - Golden State Scholarshare Program and the CA Educational Facilities Authority
Vetoed by Governor Schwarzenegger September 23, 2004
Sponsored by the State Treasurer Phil Angelides, this bill would make several technical clarifying changes to the Golden State Scholarshare Program to improve a participant's flexibility when making investments into the program. The Scholarshare program is a virtually state and federally tax-free college investment program that Californians can use to help pay for their child's future higher educational costs. It would also expand the definition of a non-profit "private college" that may qualify to receive tax-exempt bonds through the California Educational Facilities Authority (CEFA) to aide in the construction of administrative or educational facilities.

AB 2725 - "Ex Parte" Communication with the California Coastal Commission
This bill has two parts. First, the bill specifies that coastal commissioners may not have ex parte communications when the commission is acting on quasi-judicial matters. This would effectively prohibit secret, undisclosed conversations between interested parties and a coastal commissioner about a matter involved in a cease and desist order. Second, the bill would require that a coastal commissioner must disclose ex parte communications with interested parties when the commission is in litigation on that issue. This bill would not affect normal communications between commission members and any interested party on legislative functions of the commission, such as in the issuance of permits.

AB 2726 - Attorneys' Fees for Local Governments
In recent years local governments have faced lengthy and expensive legal challenges to their mobile home rent control ordinances. This comes at a costly price for local governments when they successfully defend policies that seek to provide affordable and adequate housing. Modeled after the Tort Claims Act, this bill would allow local governments to recover attorneys' fees and other costs if the court determines that a mobile home park owner or association of mobile home park owners filed a lawsuit to invalidate a rent control ordinance without reasonable cause and good faith.

AB 2727 - Distribution of Proposition 98 Funding
In 1988 California voters passed Proposition 98, which requires the state legislature to allocate 40% of state general fund revenue to K-12 and Community College education. Sponsored by the California Teachers Association, this bill will help to put in place a process by which California's Community Colleges and K-12 schools will have a clear understanding of how much Proposition 98 funding they'll be allocated each year. Specifically, it will require the Governor's Director of Finance, the Superintendent of Public Instruction and the Chancellor of the Community Colleges, by March 1, 2005, to present to the Legislature a proposal that would set in statute the percentage of Proposition 98 funds that Community Colleges would receive on an annual basis.

AB 2851 - Local Government State Mandates
Signed into law August 25, 2004 by Governor Schwarzenegger – Chapter 316
This bill is the first of six bills introduced by the State Legislature's Special Committee on State Mandates (SCSM), which I Chair, to help streamline government and save taxpayer money by eliminating or revising state mandates. This bill makes certain mandates upon school districts contingent upon funding, repeals obsolete mandates and directs the Commission on State Mandates to review specified Federal mandates in light of more recent Federal statutes enacted by Congress or through Federal or State Court decisions.

AB 2852 - Local Government State Mandates
Under current law, when the state places a mandate upon a local jurisdiction or school district the state may choose between five options with how to fund that mandate. It may fund the mandate, defer it, suspend it, repeal it or make it optional. As the second measure of five relating to needed modifications to state mandates, this bill would make a number of mandates relating to peace and life safety officer training optional. However, it would also encourage local agencies and officials to continue to pursue the training offered by these former mandates.

AB 2853 - Local Government State Mandates
Signed into law September 29, 2004 by Governor Schwarzenegger – Chapter 889
As approved by the Special Committee on State Mandates, this bill revises specified mandates implemented by local counties and cities by changing them from required mandates to optional. Over recent years through the budget, the state legislature has chosen to suspend these specified mandates. However, removing their suspension status and allowing them to become optional provides local agencies the flexibility to better administer financial and statutory reporting requirements.

AB 2854 - Elections State Mandates
Signed into law July 27, 2004 by Governor Schwarzenegger – Chapter 206
As the fourth measure to be produced by the Special Committee on State Mandates, it would repeal the current mandate that requires a local agency to do a cost-effectiveness study when a request is made to consolidate a local election with a statewide primary or general election. Under current law, there are already guidelines that stipulate why a local agency may deny such a request. However, when reviewing such a request, local agencies cannot deny a voting enhancement request simply because it is not cost-effective. Since local governments cannot deny a non-cost-effective request, there is no need for such a requirement.

AB 2855 - Public School Mandates
Signed into law September 29, 2004 by Governor Schwarzenegger – Chapter 895
This measure is the fifth of six bills that originated from California's Special Committee on State Mandates, which was established to review and evaluate the fiscal and administrative value of reimbursable state mandates included in the Governor's Budget. This measure would amend specific public school mandates to make them permissive rather than required, which then makes it no longer reimbursable by the State. It would also consolidate several safety provisions. According to the Assembly Appropriations Committee, this bill is estimated to save over $6 million in Proposition 98 money.

AB 2856 - The State Legislature's Mandates Process
Signed into law September 29, 2004 by Governor Schwarzenegger – Chapter 890
The last of six bills to come out of the Special Committee on State Mandates (SCSM), it would help the commission identify mandate funding to ensure that local governments are receiving the appropriate financing to implement state mandates. Should the SCSM determine that a local agency is implementing an un-funded state mandate, based upon a claim by that local agency, it must establish guidelines for how the state will fund the mandate. However, when reviewing claims current law does not provide the SCSM the authority to identify mandates that receive funding provided by an executive order or statute that did not originally create the mandate. A common unidentifiable mandate is one that receives funding through an allocation in the state budget rather than the mandate being coupled with an automatic funding mechanism. This bill would allow the SCSM to identify a mandate that receives funding in this manner.

AB 2857 - Property Tax Assessment and Assessment Appeals
Signed into law September 24, 2004 by Governor Schwarzenegger – Chapter 768
Sponsored by the California Assessors' Association, the California Association of Clerks & Elections Officials, and the County of Los Angeles, this bill would clarify that taxpayers who appeal the base-year value of their property will have their opinions of value entered on the tax rolls if an assessment appeals board fails to act on the appeal in a timely manner. Base-year value determinations are the Prop. 13 protected values. Once the base-year value is established, it cannot increase more than 2% per year regardless of the property's actual market value. This bill will provide fairness to taxpayers who appeal in good faith but do not receive a timely decision from the assessment appeals board.

AB 2889 - Workplace Harassment
Last year the Legislature passed Assembly Bill 76 (Corbett), which holds employers liable if a non-employee sexually harasses an employee. Under this law, liability for sexual harassment can only apply if the employer fails to take the necessary action to protect an employee. AB 76, however, inadvertently made it so that all other forms of unlawful harassment were provided less protection. This bill would expand the protections provided by AB 76 beyond just sexual harassment to include harassment based upon race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, gender identity and sexual orientation.

AB 2900 - Non-Discrimination Employment Law
Signed into law September 25, 2004 by Governor Schwarzenegger – Chapter 788
Under current law there are over 30 different labor and employment non-discrimination laws, which protect California workers. Since each is different, some classes of employees that are covered under one law may not be covered under another. This bill references the California Fair Employment and Housing Act's (FEHA) list of protected classes for employment in these non-discrimination provisions, thereby creating a comprehensive and single legal standard. In addition, whenever an additional protected class is added to FEHA's employment provisions, these non-discrimination laws will be updated automatically.

AB 2918 - Desalination Plant Electricity Rates
Signed into law September 21, 2004 by Governor Schwarzenegger – Chapter 648
This measure would direct the California Public Utilities Commission to evaluate the interrelationship between the state's electricity policies and the state's water policies with respect to the desalination of ocean water. The commission is to include other state entities in the evaluation, including the Department of Water Resources and the Coastal Commission. The commission is to report back to the Legislature and the Governor.

AB 2920 - California Nurseries and Garden Centers
Signed into law July 15, 2004 by Governor Schwarzenegger – Chapter 170
This bill is sponsored by the California Association of Nurseries and Garden Centers (CANGC), which pays the fees that this bill seeks to extend. Currently nurseries and garden centers pay a specified fee that helps fund the California Department of Food and Agriculture's (CDFA) nursery inspection program. By keeping this fee at its current level it would allow the CDFA and the CANGC to work together to ensure that nursery products, including fresh cut flowers are disease- and insect-free and properly labeled.

AB 2922 - California Environmental Quality Act
Signed into law September 22, 2004 by Governor Schwarzenegger – Chapter 684
This bill is a minor technical clean up measure. Specifically, in the California Environmental Quality Act (CEQA) there is language that incorrectly references to a particular Government Code. This bill would remove that incorrect reference so that it does not create any confusion regarding that portion of CEQA.

AB 3010 - Community College Facility Construction
Vetoed by Governor Schwarzenegger September 18th, 2004
Under state law, community college buildings are designed by architects and engineers and then reviewed by the State Architect for compliance with earthquake and other requirements. This "do the plan" and then "do the check" sometimes results in the need to redo major portions of the plan. Under this bill, the Community Colleges and the State Architect would develop a process for the State Architect to consult with the plan architects and engineers at appropriate stages of the plan process to catch design problems early – when they are easy and inexpensive to correct. The bill is sponsored by the Community Colleges

AB 3011 - Transportation and Congestion Relief Funding for Santa Clara County
Sponsored by the Santa Clara Valley Transit Authority, this bill would allow the Authority to assess an additional $4 on vehicles registered in the County of Santa Clara to help transportation and traffic congestion relief projects. Currently, many local governments are struggling to survive the economic downturn. As a result, they have less money to fund current and future traffic congestion relief projects, transportation improvements and maintenance of streets, roads, expressways and highways in the Santa Clara Valley area. This fee could only be imposed if two-thirds of the Authority's Board votes in favor of the increase.

AB 3039 - Strategic Planning Enhancements to Protect California's Coast
In 2003 the Pew Oceans Commission, a leading and highly respected bipartisan national group of government, civic, community and scientific leaders released a report outlining how state and federal governments can undertake specific measures to protect our country's most sensitive and valuable natural resources. As a result of this report, this bill will allow the state and many local public agencies that oversee the protection of California's coastline to come together to develop a strategic plan to effectively implement the California Coastal Act, marine life management programs and coastal pollution control. Specifically, it will require the Secretaries of the Resources Agency and the California Environmental Protection Agency to review all current coastal protection programs and subsequently report to the legislature the needed structural and budgetary changes needed to coordinate efforts.

AB 3040 - Cleanup Measure Relating to Military Base Re-mediation
Vetoed by Governor Schwarzenegger September 25th, 2004
This bill is a clarifying, follow-up measure to my bill AB 1700 of last year, which was signed into law by then Governor Gray Davis. AB 1700 contained language to include, but was not intended to limit the provisions to, a specified fiscal year. Rather, that specific language was meant to reiterate that the provisions of the bill were to be effective in the current fiscal year. This bill provides technical amendments to clarify that AB 1700 was intended to be ongoing until outside funding for the position is no longer available rather than limited to specified fiscal years.

AB 3041 - Environmental Laboratories
Signed into law September 22, 2004 by Governor Schwarzenegger – Chapter 686
Previously a cleanup measure relating to environmental laboratories, AB 3041 was significantly amended to include large portions of AB 2465 that would eliminate obsolete language relating to Certified Unified Program Agency (CUPA) activities. CUPA is the state designated local enforcement agency that oversees the establishment and implementation of business and area plans that stipulate how hazardous materials are disposed. Essentially it would eliminate some Health and Safety Code provisions that are no longer relevant.