AB 1142 (Gray) Mining and Reclamation Watch Chaptered 4.18.16

AB 1142 (Gray D) Mining and geology: surface mining.
Current Text: Chaptered: 4/18/2016 pdf html
Status: 4/18/2016-Chaptered by Secretary of State – Chapter 7, Statutes of 2016.
Is Urgency: N
Location: 4/18/2016-A. CHAPTERED
Summary: The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from, a specified reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by the lead agency for the operation of the surface mining operation. This bill would revise and recast provisions of the act related to the approval of reclamation plans and, among other things, would require a reclamation plan filed by an operator of a surface mining operation with a lead agency to include specified reclamation maps; require a lead agency, when submitting a proposed reclamation plan to the Director of Conservation, to incorporate specified items of information and documents in the submitted reclamation plan within certain timeframes; and require the director to take certain actions upon receiving a proposed reclamation plan. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1738 (McCarthy) Dark Grey Water: Building Standards Watch Asm. Env. Safety/Toxic Mtls

AB 1738 (McCarty D) Building standards: dark graywater.
Current Text: Amended: 3/28/2016 pdf html
Status: 4/20/2016-In committee: Set, first hearing. Referred to APPR. suspense file.
Is Urgency: N
Location: 4/20/2016-A. APPR. SUSPENSE FILE
Summary: The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. This bill would define “dark graywater” as a specified wastewater that comes from kitchen sinks and dishwashers. This bill would require the department, at the next triennial building standards rulemaking cycle, to develop and submit for approval building standards for the construction, installation, and alteration of dark graywater systems for indoor and outdoor uses. This bill contains other existing laws.

AB 1928 (Campos) Water Efficiency: Irrigation Equipment Watch Asm. Water Parks/Wildlife

AB 1928 (Campos D) Water efficiency: landscape irrigation equipment.
Current Text: Introduced: 2/12/2016 pdf html
Status: 3/29/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (March 29). Re-referred to Com. on APPR.
Is Urgency: N
Location: 3/29/2016-A. APPR.
Summary: Existing law requires, to the extent that funds are available, the State Energy Resources Conservation and Development Commission, in consultation with the Department of Water Resources, to adopt, by January 1, 2010, performance standards and labeling requirements for landscape irrigation controllers and moisture sensors and, on or after January 1, 2012, prohibits that equipment from being sold unless it meets the performance standards and labeling requirements. This bill would postpone the date by which the commission is to adopt the performance standards and labeling requirements to January 1, 2018, and would prohibit, on and after January 1, 2020, the sale of that equipment unless it meets the performance standards and labeling requirements. The bill would additionally require the commission, in adopting those standards and requirements, to consider developments in landscape irrigation efficiency occurring on or after January 1, 2010.

AB 2040 (Melendez) Outdoor Water Efficiency Act of 2016 Watch Asm. Rev. & Tax

AB 2040 (Melendez R) Outdoor Water Efficiency Act of 2016: personal income tax credits: outdoor water efficiency.
Current Text: Amended: 4/6/2016 pdf html
Status: 4/7/2016-Re-referred to Com. on REV. & TAX.
Is Urgency: N
Location: 4/7/2016-A. REV. & TAX
Calendar: 5/9/2016 2:30 p.m. – State Capitol, Room 126 ASSEMBLY REVENUE AND TAXATION, RIDLEY-THOMAS, Chair
Summary: The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would allow a credit equal to 25% of the amount paid or incurred by a qualified taxpayer for water-efficiency improvements, as defined, on qualified real property in this state, as specified. The bill would limit the cumulative amount of the credit to $2,500 for each qualified real property for all taxable years. The bill would require a qualified taxpayer to obtain and retain a certification of the water-efficiency improvements from the appropriate regional or local water agency after completion of the improvements and to provide a copy of this certification to the Franchise Tax Board upon request. This bill contains other related provisions.

AB 2617 (Mayes) Water Efficiency Measures Watch Asm. Nat. Resources

AB 2617 (Mayes R) Water efficiency measures.
Current Text: Amended: 4/14/2016 pdf html
Status: 4/18/2016-Re-referred to Com. on APPR.
Is Urgency: N
Location: 4/18/2016-A. APPR.
Summary: The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. This bill would require the Energy Commission to develop and solicit comments on a proposed report, in consultation with certain subject matter experts and in cooperation with the State Water Resources Control Board and the Department of Water Resources, by December 1, 2017, and, by July 1, 2018, to issue a final report that contains, among other things, the projected benefits of recommended voluntary water efficiency measures and an analysis of any unintended adverse environmental impacts that would result from various water efficiency measures.

AB 2525 (Holden) Water Efficient Landscaping Watch Asm. Water Parks/Wild

AB 2525 (Holden D) Water-efficient landscaping.
Current Text: Amended: 4/18/2016 pdf html
Status: 4/19/2016-Re-referred to Com. on APPR.
Is Urgency: N
Location: 4/19/2016-A. APPR.
Summary: The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update its model water-efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance. Existing law requires each local agency to adopt either the updated model water-efficient landscape ordinance or an ordinance that is at least as effective in conserving water as the updated model ordinance. If the local agency does not make a selection, the model ordinance shall apply within the jurisdiction of the local agency. This bill would require the department , upon identification of a funding source, to create the California Water Efficient Landscaping Program for the purpose of encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, promote the benefits of consistent landscape ordinances, and support and enhance water inefficient grass replacement. This bill would create the Water Efficient Landscaping Fund and provide that moneys in the fund are available, upon appropriation by the Legislature, to the department for certain purposes.

ACR 131 (Patterson) Licensing and Vocations: Licensing Fees Watch Asm. Business & Professions

ACR 131 (Patterson R) Professions and vocations: licensing fees: equity.
Current Text: Introduced: 2/2/2016 pdf html
Status: 4/13/2016-In committee: Referred to APPR. suspense file.
Is Urgency: N
Location: 4/13/2016-A. APPR. SUSPENSE FILE
Summary: This measure would encourage the Department of Consumer Affairs and its boards, bureaus, and commissions to create policies that promote fairness and equity to guarantee that each licensee pays a fair amount, especially in regards to initial and ongoing license fees.

SB 209 (Pavley) Mining Reclamation Watch Asm. Floor

SB 209 (Pavley D) Surface mining: financial assurances: reclamation plans.
Current Text: Chaptered: 4/18/2016 pdf html
Status: 4/18/2016-Chaptered by Secretary of State – Chapter 8, Statutes of 2016.
Is Urgency: N
Location: 4/18/2016-S. CHAPTERED
Summary: Existing law establishes the Office of Mine Reclamation within the Department of Conservation. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on the operators of all active and idle mining operations. Existing law requires the maximum amount of the annual fee imposed on each mining operation to not exceed $4,000. Existing law limits the maximum amount of the total revenue generated from the reporting fee to no more than $3,500,000, as specified. This bill would instead establish the Division of Mine Reclamation within the department under the direction of the Supervisor of Mine Reclamation. The bill also would raise the maximum amount of the annual reporting fee to $10,000 per mining operation, except as specified. The bill would raise the maximum amount of the total revenue generated from the reporting fee to $8,000,000, as specified. This bill contains other related provisions and other existing laws.

SB 269 (Roth) Disability Access Watch Asm Appropriations

SB 269 (Roth D) Disability access.
Current Text: Amended: 1/25/2016 pdf html
Status: 4/14/2016-Read second time. Ordered to consent calendar.
Is Urgency: Y
Location: 4/14/2016-A. CONSENT CALENDAR
Calendar: 4/21/2016 #143 ASSEMBLY CONSENT CALENDAR 2ND DAY-SENATE BILLS
Summary: Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities and provides for construction-related accessibility claims for violations of those standards. Existing law specifies that a violation of construction-related accessibility standards personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation. Under existing law, a defendant is liable for actual damages plus minimum statutory damages for each instance of discrimination relating to a construction-related accessibility standard. This bill would, for claims filed on and after its effective date, establish a rebuttable presumption, for the purpose of an award of minimum statutory damages, that certain technical violations do not cause a plaintiff to experience difficulty, discomfort, or embarrassment, if specified conditions are met. This bill would also exempt a defendant from liability for minimum statutory damages with respect to a structure or area inspected by a certified access specialist for a period of 120 days if specified conditions are met. The bill would require a defendant who claims the benefit of this exemption to disclose the date and findings of any certified access specialist (CASp) inspection to the plaintiff. This bill contains other related provisions and other existing laws.

SB 814 (Hill) Fines for Unreasonable Water Use Watch Sen. Nat. Resources

SB 814 (Hill D) Drought: excessive water use: urban retail water suppliers.
Current Text: Amended: 3/30/2016 pdf html
Status: 3/31/2016-Withdrawn from committee. Re-referred to Com. on APPR.
Is Urgency: N
Location: 3/31/2016-S. APPR.
Summary: The California Constitution declares the policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use of the waters in the interest of the people and for the public welfare. Existing law requires the Department of Water Resources and the State Water Resources Control Board to take all appropriate proceedings or actions to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state. Existing law authorizes any public entity, as defined, that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity to, by ordinance or resolution, adopt and enforce a water conservation program to reduce the quantity of water used for the purpose of conserving the water supplies of the public entity. Existing law provides that a violation of a requirement of a water conservation program is a misdemeanor punishable by imprisonment in a county jail for not more than 30 days, or by a fine not exceeding $1,000, or both. This bill would declare that excessive water use during a state of emergency based on drought conditions by a residential customer, as specified, is prohibited. This bill would require each urban retail water supplier to establish a method to identify and restrict excessive water use. This bill would authorize as a method to identify and restrict excessive water use the establishment of a rate structure that includes block tiers, water budgets, penalties for prohibited uses, or rate surcharges over and above base rates for excessive water use by residential customers. This bill would authorize as a method to identify and restrict excessive water use the establishment of an excessive water use ordinance, rule, or tariff condition that includes a definition of excessive water use, as prescribed, and would make a violation of this excessive water use ordinance, rule, or tariff condition an infraction punishable by a fine of at least $500 per 100 cubic feet of water or per 748 gallons used above the excessive water use threshold established by the urban retail water supplier in a billing cycle. By creating a new infraction, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

SB 885 (Wolk) Construction Contracts: Indemnity Support Sen. Judiciary

SB 885 (Wolk D) Construction contracts: indemnity.
Current Text: Amended: 4/18/2016 pdf html
Status: 4/18/2016-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on JUD.
Is Urgency: N
Location: 4/18/2016-S. JUD.
Calendar: 5/3/2016 1:30 p.m. – Room 112 SENATE JUDICIARY, JACKSON, Chair
Summary: Existing law makes specified provisions in construction contracts void and unenforceable, including provisions that purport to indemnify the promisee against liability for damages for death or bodily injury to persons, injury to property, or any other loss arising from the sole negligence or willful misconduct of the promisee or the promisee’s agents who are directly responsible to the promisee, or for defects in design furnished by those persons. This bill would specify, with certain exceptions, for construction contracts entered into on or after January 1, 2017, that a design professional, as defined, only has the duty to defend himself or herself from claims or lawsuits that arise out of, or pertain or relate to, negligence, recklessness, or willful misconduct of the design professional. Under the bill, a design professional would not have a duty to defend claims or lawsuits against any other person or entity arising from a construction project, except that person’s or entity’s reasonable defense costs arising out of the design professional’s degree of fault, as specified. The bill would prohibit waiver of these provisions and would provide that any clause in a contract that requires a design professional to defend claims or lawsuits against other persons or entities is void and unenforceable. The bill would provide legislative findings and declarations in support of these provisions.

SB 1340 (Wolk) Water Conservation in Landscaping Act Watch Sen. Nat. Resources

SB 1340 (Wolk D) Water Conservation in Landscaping Act.
Current Text: Amended: 4/5/2016 pdf html
Status: 4/13/2016-Read second time. Ordered to third reading.
Is Urgency: N
Location: 4/13/2016-S. THIRD READING
Calendar: 4/21/2016 #72 SENATE SEN THIRD READING FILE – SEN BILLS
Summary: Existing law, the Water Conservation in Landscaping Act, requires the Department of Water Resources to update a specified model water efficient landscape ordinance by regulation and prescribes various requirements for the updated model ordinance. Existing law requires each local agency to adopt either the updated model water efficient landscape ordinance or an ordinance that is at least as effective in conserving water as the updated model ordinance. If the local agency does not make a selection, the model ordinance shall apply within the jurisdiction of the local agency. The bill would add to the model water efficient landscape ordinance a permit requirement for the installation or replacement of specified automatic irrigation systems, or the expansion of the same specified automatic irrigation systems to increase the irrigated area by 25% or more, for a landscape project on or after July 1, 2018. The bill would allow the governing body of a local agency to adopt an ordinance prescribing fees for filing an application for the permit, subject to the restrictions that the fees not exceed the amount reasonably required to review applications and issue the permits and that the fees not be levied for general revenue purposes.

SB 1445 (Hertzberg) Taxation: Sales tax for services Watch Sen. Gov. & Finance

SB 1445 (Hertzberg D) Taxation.
Current Text: Introduced: 2/19/2016 pdf html
Status: 3/10/2016-Referred to Com. on GOV. & F.
Is Urgency: N
Location: 3/10/2016-S. GOV. & F.
Summary: The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. This bill would state legislative findings regarding California’s tax climate and would state that the intent of the bill is to make 3 changes to the taxation within the state, including broadening the tax base by imposing a modest sales tax on services. This bill would also establish the Retail Sales Tax on Services Fund in the State Treasury and state the intent of the Legislature that moneys in the fund would be appropriated to, among other things, provide tax relief to middle- and low-income Californians to offset the effect of a sales tax on services, among other purposes.