(1) Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the director of the department, to appoint a registrar of contractors to be the executive officer and secretary of the board and to carry out all of the administrative duties, as specified. Existing law requires the board to receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors and to receive complaints received from state agencies regarding those systems and contractors.
This bill would establish the Solar Energy System Restitution Program for the purpose of providing restitution to certain consumers with a solar energy system installed by a contractor on a single-family residence, as specified. The bill would require the board to administer the program, upon appropriation of one-time resources by the Legislature. The bill would require the registrar or their designee to award moneys appropriated to the program only to consumers who are eligible claimants, as specified. The bill would authorize a consumer to claim eligibility for payment pursuant to the program by filing a specified form with the registrar that the bill would require the board to provide. The bill would authorize the registrar or their designee to request from the consumer any additional information or documentation that the registrar or their designee deems necessary to determine eligibility. The bill would require a claim that appears to include false or altered information to be automatically denied, and would make that denial the exclusive remedy. The bill would limit the amount paid pursuant to the program to a consumer to $40,000, and would require the board to deduct the amount the consumer recovered from other sources from the amount payable upon the consumer's claim. Subject to appropriation by the Legislature, the bill would authorize the board to expend up to $1,000,000 from the moneys appropriated to the program to employ or contract with persons to administer the program. The bill would require the accounting office of the Department of Consumer Affairs to prepare and submit annually to the board a statement of the condition of the moneys appropriated to the program, as specified. The bill would require the board to display a notice on the board's internet website regarding a licensee whose actions have caused the payment of an award to a consumer under the program for 7 years from the date of the payment. The bill would repeal these provisions on June 30, 2024.
(2) Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires a person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law also requires the licensure and regulation of any party or entity that provides proposition player services at gambling establishments, known as third-party providers of proposition players. Existing law requires an applicant for a state gambling license, key employee license, work permit, or third party provider of proposition player services license to pay various annual fees, application renewal fees, and deposits to obtain and maintain those licenses and work permits.
This bill would prohibit the department from collecting, and a licensee from being required to pay, any annual fees ordinarily due from a state gambling licensee between January 31, 2020, to July 31, 2021, inclusive, and would require the department to refund any annual fees already paid for a state gambling license that were due between January 31, 2020, and the effective date of the bill. The bill would also prohibit the department from collecting, and a licensee from being required to pay, any annual fees ordinarily due from a third-party provider of proposition player services between September 1, 2020, to August 31, 2022, inclusive, and would require the department to refund any annual license fees already paid by a third-party provider of proposition player services that were due between September 1, 2020, and the effective date of the bill. Additionally, the bill would prohibit the department from collecting, and a licensee or commission-issued work permittee from being required to pay, any renewal application fees or background deposits associated with a renewal application ordinarily due between March 1, 2020, and April 30, 2022, inclusive, and would require the department to refund any renewal application fees or deposits associated with a renewal application already paid by a licensee or commission-issued work permittee that were due between March 1, 2020, and the effective date of this bill.
This bill would make related findings and declarations.
(3) Existing law, until January 1, 2025, establishes the Financial Empowerment Fund, and provides that moneys in the fund are continuously appropriated to the Commissioner of Financial Protection and Innovation for allocation to fund financial education and financial empowerment programs and services for at-risk populations in California, as specified. Existing law provided for the transfer of $4,000,000 to the fund on July 1, 2020, plus an amount estimated to be reasonable administrative costs. Existing law requires the commissioner to administer an application process, or contract for its administration, that provides grants of up to $100,000 from the fund to applicants that meet specified criteria. Existing law authorizes grant awards of up to $1,000,000 in grant moneys per fiscal year, beginning with the 2020-21 fiscal year, pursuant to this process.
This bill would increase the maximum amount of a grant that may be awarded pursuant to the above-described process to $200,000. The bill would increase the maximum amount of grant awards that may be made in a fiscal year to $2,000,000. The bill would delete the reference to the 2020–21 fiscal year and would correct obsolete. The bill would extend the operation of these provisions generally until January 1, 2030.
(4) Existing law, the Debt Collection Licensing Act, prohibits a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. The act requires an application for a license to include certain elements, including an application fee and investigation fee, the amount of which is determined by the commissioner, to cover costs incurred in processing an application, as specified.
This bill would require the application fee described above to be $350 and would require the commissioner to bill and collect the application fee and the investigation fee at the time of initial application.
(5) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year.
This bill, if the proceeds of taxes of a city, county, or city and county exceeds its appropriations limit for any fiscal year, beginning with the 2020–21 fiscal year, would require the governing body of the city, county, or city and county to calculate specified amounts, including the amount of proceeds of taxes of the city, county, or city and county attributable to funding received by the city, county, or city and county from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would authorize the governing body of the city, county, or city and county to increase its appropriations limit for the applicable fiscal year based on these calculations. If the governing body of a city, county, or city and county increases its appropriations limit pursuant to these provisions, the bill would require it to notify the Director of Finance within 45 days and, commencing with the 2020–21 fiscal year, require that the appropriations limit of the state be reduced by the total amount reported by each city, county, or city and county in the fiscal year in which the change is made. The bill would make findings with respect to its provisions.
By adding to the duties of local officials with respect to determining the appropriations subject to limitation of local agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(6) Existing law generally prohibits the state and a county, city, district, or other political subdivision, and a public officer or body, acting in their official capacity, from paying or depositing a fee for the filing of any document or paper. Existing law also specifically prohibits a county recorder from charging fees for services rendered to the state, any municipality, county, or other political subdivision, thereof, except for making a copy of a paper or record.
Under existing law, the above-described prohibitions do not apply to any fee or charge for recording full releases executed or recorded pursuant to specified law, where there is full satisfaction of the amount due under the lien that is released. Existing law requires that the fee for recording full releases, full releases for any document relating to an agreement to reimburse a county for public aid granted by the county, and full releases for filing any judgment that was in favor of a government agency under these provisions be $6.
This bill would, instead, require that the fee for recording full releases as described above be 2 times the fee charged to record the first page of a lien, encumbrance, or notice under specified law, as prescribed in specified provisions.
Existing law requires the county recorder to charge and collect specified fees for services performed by the recorder's office. Existing law authorizes a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded to reimburse the county for the costs of specified services related to recording those documents, not to exceed $10 for recording the first page and $3 for each additional page. Existing law authorizes various additional recording fees, to be charged in connection with filing an instrument, paper, or notice, for specified purposes.
This bill, except as specified with respect to certain fees for recording a notice of state tax lien and a certificate of release, would expressly prohibit charging the above-described fees for recording, indexing, or filing an instrument, paper, or notice to those entities expressly exempted from the payment of recording fees under specified law.
Existing law authorizes a county board of supervisors to adopt a resolution providing for a fee of up to $10 for recording each real estate instrument, paper, or notice required or permitted by law to be recorded, which is in addition to any other recording fees under specified law, and defines the term "real estate instrument" for these purposes. Existing law requires that the fees paid under these provisions, after deduction for actual and necessary administrative costs, be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund and used for specified purposes. Existing law exempts from this fee any real estate instrument, paper, or notice accompanied by a declaration stating that the transfer is subject to a documentary transfer tax, is recorded concurrently with a transfer subject to a documentary transfer tax, or is presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.
This bill would additionally exempt from this fee any real estate instrument, paper, or notice presented for recording for the benefit of the state or any county, municipality, or other political subdivision of the state.
(7) Existing law, until January 1, 2025, authorizes the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and, in a specified instance, the Department of Water Resources to use the design-build procurement process for specified public works.
This bill would authorize the Director of General Services to use the progressive design-build procurement process for the construction of up to 3 public works projects, as jointly determined by the Department of General Services and the Department of Finance, and would prescribe that process. Pursuant to the process, after selection of a design-build entity, the bill would authorize the Department of General Services to contract for design and preconstruction services sufficient to establish a guaranteed maximum price, as defined. Upon agreement on a guaranteed maximum price, the bill would authorize the department to amend the contract in its sole discretion, as specified. The bill would require the department to submit, on or before January 1, 2026, to the Joint Legislative Budget Committee a report containing specified information regarding the public works projects, completed during a specified time period, that used the progressive design-build procurement process. The bill would require specified information to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.
Existing law grants the Department of Finance certain powers in connection with appropriations on design-build construction projects. In this regard, existing law prohibits a state agency from expending funds appropriated for a design-build project until the Department of Finance and the California Public Works Board have approved related performance criteria.
This bill would generally apply these provisions to projects delivered by the progressive design-build procurement process and make a variety of conforming changes in connection with these projects.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(8) Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. Under existing law, the Department of Technology is responsible for the approval and oversight of information technology projects, as specified. Existing law requires the chief information officer of each state agency to develop the enterprise architecture for their agency to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for the agency. Existing law subjects each chief information officer's enterprise architecture to the review and approval of the Department of Technology. Existing law requires that a state agency service contract, which would otherwise not be reviewed by the Department of Technology, be subject to review, approval, and oversight by the department if the contract contains an information technology component that would be subject to oversight by the department if it were a separate information technology project.
This bill would require the Department of Technology to identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the Department of Technology, for modernization, stabilization, or remediation. The bill would require state agencies and state entities to submit information relating to their information technology service contracts to the Department of Technology before February 1, 2022, and annually thereafter. The bill would require the department to analyze and report this information to the Legislature, as specified. The bill would also require the Department of Technology to implement a plan to establish centralized contracts for identified shared services, as defined.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(9) Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of the state. Existing law requires the Chief of the Office of Information Security to establish an information security program, as specified. Existing law authorizes the office to conduct, or require to be conducted, an audit of information security to ensure program compliance and requires the audited entity to fund that audit.
This bill would repeal the requirement that the audited entity fund an audit described above.
(10) Existing law establishes the Governor's Office of Business and Economic Development, known as "GO-Biz," within the Governor's office to 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.
This bill would create the Energy Unit within GO-Biz to accelerate the planning, financing, and execution of critical energy infrastructure projects that are necessary for the state to reach its climate, energy, and sustainability policy goals, including by identifying barriers, making recommendations, creating a working group, coordinating between the state's climate and energy agencies, and cooperating with local, regional, federal, and California public and private businesses and investors, as specified. The bill would require the Governor to appoint a deputy director who would have direct authority over the Energy Unit and serve at the pleasure of the Governor. The bill would require the Energy Unit, on or before February 1 of each year, to annually submit a report to the relevant policy and fiscal committees of the Legislature with specified inform