AB 982 – Community College Health Service Protection
Community college health centers are funded, in part, by a $13 per-term health fee that may be imposed on students at the discretion of the local community college district. AB 982, sponsored by the Health Services Association of Community Colleges, would remove an exemption from the fee for students who receive Board of Governors (BOG) Fee Waivers. In recent years, the number of students that receive the BOG Fee Waivers has increased significantly, resulting in less revenue to support health services. As a result, health centers have been reducing staff, services and hours of operation. By eliminating this exemption, local community college districts will have the discretion to impose this fee on students who receive BOG Fee Waivers or to continue the exemption.
Status: Signed by the Governor – Chapter 320, Statutes of 2005.
AB 983 – Santa Cruz County First Time Homebuyers Program
Under current law, redevelopment agencies are required to set aside 20% of redevelopment funds for low and moderate income housing. For homeownership programs operated by redevelopment agencies, existing law generally limits the percentage of income that homeowners may pay toward their mortgage. Because of the higher cost of housing in Santa Cruz County, the Legislature has authorized redevelopment agencies within Santa Cruz County to allow a higher percentage of income to be paid toward the mortgage. In most counties, the percentage of income that low and moderate-income homebuyers are allowed to spend in connection with a redevelopment agency's First-Time Homebuyer Program is 30% and 35%, respectively. Currently, the maximum percentage of income allowable in Santa Cruz County is 40%, however, this provision will sunset on January 1, 2006. Sponsored by the County of Santa Cruz, AB 983 would extend the Santa Cruz provision by two years, as well as authorize the Contra Costa County Redevelopment Agency and the Monterey County Redevelopment Agency to use this higher percentage of income formula during that time period.
Status: Signed by the Governor -- Chapter 225, Statutes of 2005.
AB 984 – Tamarisk: Control or Eradication
In response to the governor's veto of AB 1466, AB 984 would authorize the Department of Water Resources in collaboration with the Department of Food and Agriculture, the Department of Fish and Game, and the Colorado River Board, to seek to collaborate with other basin states and the federal government to develop a plan to control or eradicate non-native tamarisk in the Colorado River watershed. Removing or controlling tamarisk is one method to increase the water supply on the Colorado River , restore the environment and avoid interstate conflicts. This tamarisk eradication plan will include the reestablishment of native vegetation and the identification of federal and non-federal funding sources for plan implementation. AB 984 also directs the Department of Water Resources in collaboration with the Department of Food and Agriculture, the Department of Fish and Game and the Colorado River Board to implement this tamarisk eradication plan within California upon the appropriation of funds for plan implementation.
AB 1200 – Delta Water
The Delta is a very fragile system, yet there is not agreement on how to protect it against natural disasters such as earthquakes, floods, land subsidence or climate change – despite agreement by most everyone that such a disaster will occur. The failure of a number of levees could lead to devastating results such as the loss of Delta farmland, a major killoff of fish, or the interruption of water supply used by 23 million Californians. Almost everyone agrees that in the event of one of these disasters, agreement will be reached quickly, in a manner that might not adequately consider many of the interests that depend on the Delta. AB 1200, sponsored by the Silicon Valley Leadership Group and the Sierra Club, would (1) direct the Department of Water Resources to evaluate the future of the Delta; (2) direct the Departments of Water Resources and Fish and Game to determine alternatives; and (3) direct the departments to comparatively rank the alternatives against specified list of considerations. This information should assist the state in taking steps before a disaster happens.
Status: Signed by the Governor – Chapter 573, Statutes of 2005.
AB 1201 – Sierra Conservancy Statutory Clean Up
Last session, the Legislature passed and the Governor signed the Laird-Leslie Sierra Conservancy Act, which established the Sierra Nevada Conservancy. AB 1201 corrects two minor boundary errors and resolves a conflict between two sections of the Sierra Conservancy Act in a manner consistent with the original intent of the authors. Specifically, this bill would reconcile inconsistencies related to land acquisition, clarifying that the conservancy board may only acquire land by donation.
Status: Signed by the Governor – Chapter 227, Statutes of 2005.
AB 1202 – Office of Military and Aerospace Support
The state of California will be faced with potential base closures during the next Base Realignment and Closure Commission (BRAC) round. AB 1202 is intended to identify the most appropriate way to aid those communities that find a regional military installation listed for closure. Current law outlines various procedures that local governments and the state must follow when military installations are listed to be closed under federal base realignment and closure policy. This bill would transfer base reuse-related duties previously assigned to the now-defunct Defense Conversion Council to the Office of Military and Aerospace Support. Without these changes, future base realignment and closure policies set by the federal government may be subject to confusion by local governments who are attempting to establish base-reuse authorities.
Status: Signed by the Governor – Chapter 330, Statutes of 2005.
AB 1204 – Hatton Canyon
AB 1204 would authorize the State Department of Parks and Recreation to convey Hatton Canyon land to the Monterey Peninsula Regional Park District for public park uses, subject to an agreement between the department and the district.
Status: Passed by both houses of the Legislature and is awaiting concurrence in Senate amendments.
AB 1384 – Safety Enhancement Double Fine Zones
First created in 1995, double fine zones have been established along some of the most dangerous roadways in California in an effort to reduce roadway accidents, injuries and fatalities. The concept was to increase the potential fine for certain vehicle-related violations on identified dangerous roadways and highways in California, such that the potential exposure to higher fines would reduce the number of injury and fatality incidents. Under this bill three new double fine zones would be created and two others would be re-established. The new zones would be created along Highway 1 as it runs through the cities of Santa Cruz and Malibu, and Highway 101 in Monterey County through the community of Prunedale. Double fine zones along Highway 101 between Arcata and Eureka in Humboldt County and Carmel Valley Road in Monterey County would be re-established. The bill also requires that a public awareness campaign be conducted by the overseeing local agency to properly inform the public and that signs be clearly posted to make motorists aware that they are entering and exiting a double fine zone. Each double fine zone would exist for a four-year period.
Status: Vetoed by the Governor.
AB 1385 – The Food for Schoolchildren Act
AB 1385, sponsored by the California Food Policy Advocates, would direct the California Department of Education (CDE) to develop a computerized data matching process using existing databases from the Department of Education and Department of Social Services to automatically enroll schoolchildren participating in the food stamp program or receiving Temporary Assistance for Needy Families-related support into free school meal programs without any additional application. Recent federal legislation, “The Child Nutrition and WIC Reauthorization Act of 2004,” required states to “directly certify” or automatically enroll eligible schoolchildren receiving public assistance into school meals programs without filling out additional applications. California can either meet this requirement by sending a letter to parents notifying them of their child's eligibility or developing a computer data matching process that automatically enrolls the child into a school meals program. A number of states have developed computerized data matching processes and have dramatically increased the number of eligible schoolchildren enrolled in school meal programs. This bill will not only help California meet new federal requirements regarding application procedures, but will also provide a better system to verify family income so these children remain enrolled in free school meals.
Status: Signed by the Governor – Chapter 361, Statutes of 2005.
AB 1386 – Dental Sedation Safety
AB 1386, sponsored by the California Dental Association and the Dental Board of California, is a consumer protection measure that would, consistent with existing law applicable to dentists treating children under 13, prohibit dentists from using oral sedatives on patients unless the dentist holds a valid general anesthesia permit, a permit issued by the Dental Board authorizing the dentist to prescribe oral sedatives, or obtains a certification in oral conscious sedation through the completion of specific board-approved education. The administration of oral sedatives, also known as “oral conscious sedation,” is used to relieve anxiety for dental treatment and is most effective in the management of milder degrees of dental anxiety.
Status: Signed by the Governor – Chapter 539, Statutes of 2005.
AB 1400 – Civil Rights Act of 2005
Sponsored by Equality California, AB 1400, the Civil Rights Act of 2005, amends the Unruh Civil Rights Act (Unruh Act) and related provisions to clarify that people are protected from discrimination regardless of their sexual orientation, gender identity or marital status. The Unruh Act applies to all business establishments that provide services, goods or accommodations to the public. Currently, the Unruh Act explicitly prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability or medical condition. Courts have held that the categories listed in the law are merely examples and that the Unruh Act should be interpreted broadly to prohibit arbitrary discrimination including discrimination based on personal characteristics, geographical origin, physical attributes and individual beliefs. By specifically listing sexual orientation and marital status--and providing a definition for the category of sex, which includes gender identity--this bill will make the Unruh Act and related provisions more consistent with other California nondiscrimination laws, such as the Fair Employment and Housing Act, and prevent unnecessary litigation.
Status: Signed by the Governor – Chapter 420, Statutes of 2005.
AB 1421 – Replacement Drinking Water
Currently, as part of a cleanup and abatement order to a designated responsible party, the Regional Water Quality Control Boards can order replacement water for human consumption. The Regional Board’s decision can be petitioned to the State Water Resources Control Board. This bill proposal would clarify existing law, which currently provides maximum discretion to the Regional Boards in issuing replacement water orders.
Status: Awaiting hearing in the Senate Environmental Quality Committee.
AB 1466 – Tamarisk: Control or Eradication
The Colorado River basin has experienced six years of drought as a result of increasing human use, low rainfall and the consumption of water by tamarisk, an invasive, non-native plant. Removing or controlling tamarisk is one method to increase the water supply, restore the environment and avoid interstate conflicts. AB 1466 would direct the Department of Water Resources in collaboration with the Department of Food and Agriculture, the Department of Fish and Game, the Colorado River Board, other basin states and the federal government to develop a plan to control or eradicate tamarisk in the Colorado River watershed. This tamarisk eradication plan will include the reestablishment of native vegetation and the identification of federal and non-federal funding sources for plan implementation. AB 1466 also directs the Department of Water Resources in collaboration with the Department of Food and Agriculture, the Department of Fish and Game and the Colorado River Board to implement this tamarisk eradication plan within California upon the appropriation of funds for plan implementation.
Status: Vetoed by the Governor.
AB 1524 – Coastal Commission and Offers to Dedicate
The California Coastal Commission is authorized (through its power to permit) to require certain mitigations related to the impacts from new developments. In certain cases, these mitigations come in the form of Offers to Dedicate (OTD) open space or public access. The process to implement and exercise an OTD can be time consuming. This bill will be used to examine the LAO report and the under-funding of the Coastal Commission to identify both funding and statutory solutions, if any, to the ultimate disposition of both public access and conservation easements required by the Coastal Commission.
Status: Vetoed by the Governor.
AB 1597 – More Effective Needle Exchange Programs
Existing state law has been interpreted to prohibit the purchase of clean needles with state HIV/AIDS prevention funds. AB 1597, co-sponsored by the Drug Policy Alliance and the San Francisco AIDS Foundation, allows state HIV/AIDS prevention funds to be used to support authorized clean needle and syringe exchange programs, including but not limited to, the purchase of clean needles and syringes. Given the average cost for lifetime HIV care is between $154,000 and $196,000, the ability of these programs to purchase an adequate supply of sterile hypodermic needles and syringes is essential to California's ability to further reduce the transmission of HIV and other blood-borne diseases and relieve public cost for care and treatment.
Status: Vetoed by the Governor.
AB 1601 – Child Care Safety
Sponsored by AFSCME and SEIU, this bill enhances child care safety by implementing several recommendations made in previous studies and the Governor’s California Performance Review, and expands Trustline Program requirements to include license-exempt childcare providers who are the aunt or uncle of the child in care. Under current law, the Department of Social Services operates the Trustline Registry to provide criminal background checks for child care providers. The bill would expand the scope of the Trustline program to require criminal background checks for aunts and uncles who provide care to a related child as a license-exempt child care provider. It would also provide for the development of an informational pamphlet to better prepare and assist licensed child care providers.
Status: Passed the Assembly and pending in the Senate Human Services Committee.
AB 1602 – Assisting New City Formation
Vehicle license fee (VLF) revenues, after the payment of state collection costs, are allocated to cities and counties. A portion of those revenues are allocated to cities, based on population. Prior to November 2004, the population of a newly incorporated city for the first seven years of its existence was deemed to be the higher of (1) the original number of registered voters times three, or (2) its actual population. This population calculation almost always gave these new cities additional revenues--which presumably they used to help them with the cost of establishing the new city government. A statute accompanying Proposition 1A (approved by the voters in the November 2004 election) deleted this special population calculation for new cities created after August 5, 2004. AB 1602, sponsored by groups involved in the creation of the cities of Carmel Valley, San Martin, El Dorado Hills, Wildomar, Menifee Valley and Oakhurst, would re-establish the special population calculation for new cities and restore funding from the VLF for new cities and annexations.
Status: Passed Assembly and is awaiting hearing in the Senate Local Government Committee.
AB 1665 – Flood Control
In 1911, the federal and state governments adopted a flood control plan for the Sacramento Valley that included a levee system and bypasses. In the 1986 flood, one of these levees failed. While the state did not think it was liable, the courts, in a case called Paterno, determined that the state is liable because the levee was not properly constructed and maintained. The cost to the state will be $460 million. In 1997, another levee failed, and the state settled the resulting case for $46 million – bringing the total liability costs to half a billion dollars from the General Fund. AB 1665, sponsored by the State Department of Water Resources, would change the name of the State Reclamation Board to the Central Valley Flood Management Board, and direct the board to (1) assemble the authorizing legislation, engineering design details, and levee construction information into one set of reports for easy access; (2) undertake field engineering investigations of levees, with any deficiencies being determined; (3) notify those whose property is protected by levees of the risk of levee failure and encouraging them to purchase flood insurance; and (4) prepare status reports on each levee, in part using information provided by local levee districts.
Status: Passed Assembly and awaiting hearing in the Senate Natural Resources and Water Committee.
AB 1690 –The University of California and Host Communities
This bill seeks to help resolve long-running “town-gown” growth issues between University of California campuses and local communities by requiring the non-partisan Legislative Analyst’s Office (LAO) study the current UC campus long-range development planning (LRDP) process and what other states are doing to resolve similar issues, and to report to the Legislature with recommendations for reforming the process. Because the state has made, and continues to make, substantial investments in the UC system for the development and construction of educational facilities and infrastructure needs, it has a compelling interest in helping foster coordination and mutual aid between campuses and host communities. Therefore, the status quo is not acceptable and this bill and the resulting study would assist both the UC and the communities resolve their town-gown issues.
Status: Vetoed by the Governor.
AB 1839 – Water Bond
AB 1839 is the Water Bond portion of the Governor's Strategic Growth Plan and was introduced at the request of the Governor, in the form submitted by the Governor.
Status: Held in Assembly Rules Committee.
AB 1881 – Water Conservation: Urban Landscape
Through AB 2717 (Laird, 2004), the California Urban Water Conservation Council was asked to make recommendations to the Legislature and the Governor for improving the efficiency of water use in new and existing irrigated urban landscapes. AB 1881 is intended to conserve water in urban landscapes by implementing the Council s recommendations.
Status: Signed by the Governor.
AB 2076 – More Effective Needle Exchange Programs
Co-sponsored by the Drug Policy Alliance Network and the San Francisco AIDS Foundation, this bill will put into law current state policy, which allows state General Funds for HIV prevention to support locally-authorized needle exchange programs, and allow these programs to use state funds to purchase sterile needles and syringes. In order to assure that communities are well informed about public funding for these programs, the bill also specifies that local health officers must include information about the use of public funds for needle exchange programs in their annual reports to the local governing jurisdiction that authorized the needle exchange program.
Status: Held at Assembly Desk.
AB 2100 – Common Interest Housing Developments: Reserve Plans
Sponsored by the California Association of Realtors, AB 2100 would require the board of directors of common interest developments, known as ":CIDs" (condominiums are the most common example), to prepare a plan on how they will pay for the cost of repairs of major capital features, such as roofs, etc. The plan would have to be approved by the members of the CID.
Status: Signed by the Governor.
AB 2348 – Pajaro River Flood Control
AB 2348 would authorize the state to cost-share in the U.S. Army Corps of Engineers Pajaro River levee project. This $200 million federal project will require a 25 percent non-federal cost share. This bill would authorize the state to split the non-federal cost with local agencies, thereby lowering the local cost by about half.
Status: Signed by the Governor.
AB 2354 – Agricultural Commissions
California' s 19 agricultural commissions, established by the Legislature, are largely controlled and financed by the affected agricultural industry. The commissions may undertake marketing, regulate produce quality and undertake research (such as on pests). A recent U.S. Supreme Court case said that marketing by agricultural commissions is "government speech" only if the marketing is approved by an appropriate government official. Consistent with the Court's decision, AB 2354 would authorize commissions to request the Secretary of Agriculture to administer the marketing program.
Status: Signed by the Governor.
AB 2496 – Water Conservation: Improved Toilet Standards
Under existing law, new toilets sold in the state may not use more than 1.6 gallons per flush. Under this bill, new toilets sold in the state may not use more than 1.3 gallons per flush. The bill would also establish a standard for dual-flush toilets: 1.6 gallons-solid and 1.1 gallons-liquid. Currently, there are 72 models of toilets available that meet this standard. The bill would also change the standard for urinals from one gallon per flush to 0.5 gallons per flush.
Status: Vetoed by the Governor.
AB 2497 – Funding of the Department of Fish and Game
AB 2497 would require the formation of a workgroup to respond to an issue identified in the California Performance Review (CPR) regarding review of state natural resource land acquisitions by the State Public Works Board (SPWB). According to the CPR, there are significant delays in the review and approval of natural resource land acquisitions causing increased costs. AB 2497 seeks to improve the efficiency of state government, improve protection of our natural resource lands and save state funds by establishing a workgroup to evaluate problems, develop options and report back to the Legislature by January 2008.
Status: Signed by the Governor.
AB 2500 – Levee Safety Plans
AB 2500 would prohibit the state from providing funding to upgrade state levees (so-called “project” levees in the Central Valley where the state has primary responsibility) that protect urban areas, unless the affected city or county agrees to develop a safety plan within three years. A safety plan would have to include the following elements: flood preparedness, high-water levee patrol, emergency work (“flood-fight”), flood-water removal, and evacuation.
Status: Held in Senate Appropriations Committee.
AB 2631 – Reimbursement of Medi-Cal Medical Benefit Medications
There are two systems of reimbursement for medications for Medi-Cal patients: the pharmacy system and the medical benefit system. Most injectible medications for diseases ranging from cancer to HIV/AIDS to severe rheumatoid arthritis are reimbursed as a medical benefit. Unlike other states, it can take up to a year and even longer for federally approved, injectible medications to achieve permanent reimbursement status in Medi-Cal. AB 2631 would require the state and its fiscal intermediary to develop and implement a process that uses the National Drug Code (NDC) number for the reimbursement of these medications. As a result, Medi-Cal patients with life-threatening or chronic conditions will have timely access to them, and the state will have the ability to collect a federally-mandated 15.1% rebate for these medications.
Status: Signed by the Governor.
AB 2638 – Local Housing Trusts
In 2002, the Legislature established the Local Housing Trust Fund Program as an incentive for local governments and public-private partnerships to increase investment in affordable housing. Proposition 46 (2002) allocated funding to this program. Though a majority of these funds have gone to local housing trusts, many have experienced difficulty funding eligible projects due to bureaucratic restrictions. Sponsored by Housing California and the Coalition of Local Housing Trust Funds, AB 2638 is intended to address these programmatic problems in the event that additional bond funding becomes available for Local Housing Trust Fund Program.
Status: Signed by the Governor.
AB 2650 –
Monterey Peninsula Airport Efficiency & Modernization Act
The Monterey Peninsula Airport District is a special district established by the Legislature more than 60 years ago and governed by five publicly elected directors. The airport is the only facility with commercial passenger service between San Jose and Santa Maria and serves the Monterey Peninsula region. Sponsored by the Monterey Peninsula Airport District, AB 2650 would make numerous changes to the enacting statutes including expanding the district's existing bonding capacity, providing it with securitized lending authority comparable to other special districts, reforming its election procedures, and various updates. These changes will ensure the Airport District can modernize existing facilities, remain competitive and better serve passenger needs.
Status: Signed by the Governor.
AB 2652 – State Mandates Reform
The California Constitution requires the state to reimburse local agencies and school districts for increased costs if either the Legislature passes a law, or the Administration issues an executive order or adopts regulations. Once the Commission on State Mandates (Commission) determines that there is a mandate, the claimant may file for reimbursement with the State Controller. The Controller may audit mandate claims and may reduce any claims based on the audits. If the claimant believes the claim was incorrectly reduced, it may file a claim with the Commission alleging that its reimbursement claim was incorrectly reduced. Sponsored by the Commission, AB 2652 will address reforms for the incorrect reduction of claims process.
Status: Signed by the Governor.
AB 2800 – Civil Rights Housing Act of 2006
Under current law, there are 17 housing nondiscrimination code sections, which vary in terms of the protected classes covered. Since code section is different, some protected classes that are covered under one law may not be covered under another. Sponsored by Equality California, the Omnibus Housing Nondiscrimination Act references the Fair Employment and Housing Act's (FEHA) list of protected classes for housing in each of these nondiscrimination provisions, thereby creating a comprehensive and single legal standard. FEHA’s list of protected classes include race, color, religion, national origin, ancestry, disability, sex (including gender identity), marital status, sexual orientation, familial status and source of income.
Status: Signed by the Governor.
AB 2928 – Green Building Guidelines
AB 2928 will provide for a statewide set of green building guidelines. The guidelines would be voluntary and designed to provide individuals and local jurisdictions with information on how to evaluate and encourage different green building strategies.
Status: Held in Senate Appropriations Committee.
AB 2929 – Apprenticeship Accountability Act
Under existing law, the Division of Apprenticeship Standards (DAS) within the Department of Industrial Relations is charged with making certain that apprenticeship programs are administered effectively and develop skilled workers who can meet the growing demands of our economy. DAS, however, has few tools available to oversee and hold accountable these programs. AB 2929 would provide greater accountability for construction industry apprenticeship programs by providing DAS.
Status: Vetoed by the Governor.
AB 2930 – California Union of Safety Employees Memorandum of Understanding
AB 2930 would ratify the agreed upon memorandum of understanding between the Department of Personnel Administration and Bargaining Unit 7, which is exclusively represented by the California Union of Safety Employees.
Status: Signed by the Governor.
AB 3028 – California Coastal Trail
AB 3028 would increase our opportunities to complete the California Coastal Trail. For over 30 years, federal, state and local governments, as well as private entities, have supported the development of the Coastal Trail and this bill will continue that effort. The bill would require the Coastal Conservancy to consult with Caltrans regarding development of the Trail and require Caltrans to notify specified state agencies of surplus property in the coastal zone. The bill would also require regional transportation planning agencies that have jurisdiction in the coastal zone to include provisions for the Trail in their plans. Finally, the bill would authorize state agencies issuing grants or permits for a public project located along the Trail to require those projects to provide public access for the Trail.
Status: Vetoed by the Governor.
AB 3029 – Food Stamp Simplification Act
The U.S. Department of Agriculture estimates that 2 million Californians are eligible for food stamps, but are not receiving them. Sponsored by the California Food Policy Advocates, AB 3029 would propose three changes to simplify California 's food stamp program. First, the bill would direct the state to move to a 3-month reporting system from a 6-month reporting system for food stamps and CalWORKS. Second, the bill would direct the Department of Social Services (DSS) to seek all available federal waivers to minimize the need for office visits in order to recertify food stamp eligibility. Third, the bill would direct the DSS to develop a demonstration project to simplify the food stamp program.
Status: Held at Assembly Desk.
AB 3035 – Fort Ord Veterans Cemetery
AB 3035 would allow the Fort Ord Veterans Cemetery to become a reality. This bill would establish an endowment fund independent of the state general fund within the Treasury whereby public and private money could be raised. Once the State Controller determines that the fund can annually yield sufficient interest to cover annual cemetery maintenance and operational costs, the Secretary of Veterans Affairs would be required to apply to the United States State Veterans Cemetery Grant Program. Under this program the United States Department of Veterans Affairs would pay for the construction of the cemetery and purchase of initial operating equipment. The endowment fund would continue to operate, accepting donations and yielding sufficient interest to cover annual operating and maintenance costs.
Status: Signed by the Governor.
