Archive for the ‘State of California’ Category

Setting aside local control, legislation would mandate how to teach reading in California

Thursday, February 8th, 2024

Pointing to dismal test scores, veteran lawmaker and a coalition of advocacy groups introduce AB 2222

By John Fensterwald, EdSource.org – Republished with permission

A veteran legislator who taught elementary school for 16 years introduced comprehensive early-literacy legislation Wednesday that would impose requirements on reading instruction and add urgency to the state’s patchwork of reading reforms.

Evidence-based practices, collectively known as “the science of reading,” would become the mandated approach to reading instruction for TK-5, if Assembly Bill 2222, authored by Assemblymember Blanca Rubio, D-Baldwin Park, becomes law.

The bill would shift the state’s decade-old policy of encouraging districts to incorporate fundamental reading skills in the early grades, including phonics, to demanding that they do so. This would depart from the state policy of giving school districts discretion to choose curriculums and teaching methods that meet state academic standards.

Between now and 2028, all TK to fifth-grade teachers, literacy coaches and specialists would be required to take a 30-hour-minium course in reading instruction from an approved list.

School districts and charter schools purchasing textbooks would select from approved materials endorsed by the State Board of Education in a new round of textbook adoption.  

The California Commission on Teacher Credentialing would receive money to add several experts for accreditation of teacher preparation programs in the science of reading. The bill would strengthen accountability for those programs that have not taught effective reading strategies, as required under recent state law.

Rubio and the advocacy nonprofits EdVoice,  Decoding Dyslexia CA, and Families in Schools, the bill’s co-sponsors, argue that another generation of California children cannot wait for districts teaching ineffective techniques using inadequate materials to come around.

“California is facing a literacy crisis,” the first sentence of the bill states. “There are far too many children who are not reading on grade level by the end of third grade and who will not complete elementary school with the literacy skills and language development they need to be successful academically in middle school and high school.”

Only 43% of California third graders met the academic standards in the state’s standardized test in 2023. Only 27.2% of Black students, 32% of Hispanic students, and 35% of low-income children were proficient, compared with 57.5% of white, 69% of Asian and 66% of non-low-income students.

“There’s always this delicate balance between local control versus let’s move forward collectively,” said Marshall Tuck, CEO of EdVoice and former candidate for State Superintendent of Public Instruction. “But when we have an issue that the vast majority of lower-income kids, who are disproportionately Black and Latino, are not reading at grade level, it requires urgency to do what we know works as fast as possible.”

Rubio, who recalled being handed coloring books instead of reading lessons in first grade as a non-English-speaking Mexican immigrant, said that data on the effectiveness of the science of reading convinced her to author the bill. However, her own experience as a fourth-grade teacher who previously taught kindergarten and first grade reinforced it. 

“When I have fourth graders that are at first- or second-grade reading, something’s wrong. I can tell you right then and there, if a kid doesn’t know phonics in the fourth grade, we screwed them up somewhere. If they’re not reading in the third grade, they may never recover,” said Rubio, who was first elected to the Assembly in 2016.

A piecemeal approach to literacy changes

The science of reading refers to research from neurology, psychology, and the cognitive and developmental sciences about how children learn to read. In the last decade, 47 states and Washington, D.C., have enacted laws to incorporate elements of the science of reading strategies. Fewer — Mississippi, Connecticut, Tennessee, and Virginia among them — have adopted and funded policies that coordinate multiple key elements: preparing and training teachers, supplying them with aligned instructional materials, testing for learning difficulties like dyslexia and engaging parents.

California is among the 47 states. Within the past three years, Gov. Gavin Newsom and the Legislature enacted discrete pieces of a state policy.

They funded $25 million to the University of California San Francisco to create a screening test for the risk of dyslexia and other learning difficulties; universal screening of K-2 students will begin in 2026-27.

They passed legislation to create a teaching credential for TK-3 that includes new literacy standards grounded in the science of reading; teacher preparation programs must introduce them starting next fall, and teachers will take a performance assessment as part of their new credential.

Newsom included $500 million in the last two state budgets for hiring and training of literacy coaches in the 5% of schools with the most low-income students. The Sacramento and Napa county offices of education, strong advocates of the science of reading, are overseeing the effort.   

At the encouragement of State Board of Education President Linda Darling-Hammond, a professor emerita at the Stanford University School of Education, Newsom included $1 million in the current budget for a “literacy road map,” which will serve as a guide, with online resources, for districts to implement evidence-based reading strategies. Leading that effort are two respected literacy experts, Bonnie Garcia and Nancy Brynelson, whom State Superintendent of Public Instruction Tony Thurmond named the state’s first state literacy co-directors.

Tuck credits the steps taken by the Legislature and Newsom, “who has been an anchor on early education.” But guidelines won’t ensure that students in all districts will receive effective reading instruction —especially high-poverty schools that may be “slower to make adjustments when they’re dealing with so many challenges and so much complexity.”

Megan Potente, co-state director of Decoding Dyslexia CA, points to her 20 years as a teacher, who, as a new teacher frustrated by the ineffectiveness of her reading training, took a course on phonics and fundamental reading skills. “You feel like you’re not good at your job, and you weren’t equipped. And that’s a terrible feeling for new teachers,” she said. “So I went back to school, and I learned what I needed.”

Years later, she became a coach, supporting teachers in districts using balanced literacy that de-emphasizes evidence-based practices. She found it difficult to apply what she knew, she said, “because the curriculum materials didn’t follow the science; the teaching methods didn’t follow the science.”

A piecemeal approach to reading reforms inevitably leads to a game of “whack-a-mole,” former Tennessee Education Commissioner Penny Schwinn, who is credited with implementing successful comprehensive policies in her state during the pandemic, told EdSource.

Newsom did not require nor explicitly encourage districts to use the $20-plus billion they received in federal and state Covid-relief funding on teaching training in the science of reading nor on updating reading texts and materials. Now that the state is heading into a lean budget year, a scarcity of funding, particularly for teacher training, could set back a timeline to implement the bill. Newsom’s proposed budget for 2024-25 includes no significant money for new TK-12 programs.

A spokesperson for the Newsom administration, which usually declines to discuss pending legislation, offered no further comment.

What’s in Assembly Bill 2222

AB 2222 would define evidence-based literacy instruction as “evidence-based explicit and systematic instruction in phonological and phonemic awareness, phonics, vocabulary and oral language development, fluency, comprehension, and writing …  that adheres to the science of reading.” (Phonics are rules that relate letters in words to the sounds of spoken language. A phoneme is the smallest element of a sound within spoken language. Phonemic awareness reflects the ability to understand that words combine multiple phonemes when pronounced.)

The bill sets requirements for three principal elements of literacy instruction:

Teacher training

Starting in March 2026 and no later than June 30, 2028, all teachers in grades TK to 5 must complete an approved professional development and training program satisfactorily. The California Department of Education would appoint one or more county offices of education with expertise in the science of reading and evidence-based literacy instruction to serve as the state literacy expert lead that would select the list of eligible training programs. Districts would have to notify parents if fewer than 90% of the required teachers failed to complete the course. 

Instructional materials

The last state textbook adoption for English language arts and English language development was 2015. The bill would require the State Board of Education to complete the next adoption cycle by Jan. 1, 2026, for TK through eighth grade. The materials would have to adhere to the science of reading. School districts would not be required to replace materials they’re currently using, but they would need a waiver to buy basic instructional materials that aren’t approved.

Textbooks like “Units of Study,” by noted literacy author Lucy Calkins, whose instruction relies on visual cues, including the three-cuing method of reading, would not be eligible for the approved list.

Teacher preparation

The bill would strengthen the accountability requirements of landmark Senate Bill 488, the 2023 law that requires instructing candidates for a TK-5 or elementary credential in evidence-based reading instruction. 

It would require the Commission on Teacher Credentialing to establish a probationary accreditation process for teacher prep programs that aren’t meeting the literacy instruction requirements. Faculty in those programs would have to complete professional development in the science of reading for the program to avoid a loss of accreditation.  

The bill would provide funding for the credentialing commission to hire experts in the science of reading to help with program accreditation. One of the dozen members of the Committee of Accreditation would have to be an expert in the science of reading.  

MTC to seek legislature’s approval to place Bay Area Transportation tax measure on 2026 ballot

Thursday, January 25th, 2024
Photo by MTC.

To generate at least $1 to $2 billion annually; priorities include transit, safer streets and roads, resilience

Commissioners considering a variety of tax options

By John Goodwin & Rebecca Long, Metropolitan Transportation Commission

The Metropolitan Transportation Commission (MTC) on Wednesday, Jan. 24, 2024 voted to pursue legislation in Sacramento this year that would enable Bay Area voters to consider a transportation revenue measure as early as November 2026.

The proposed measure aims to advance a climate-friendly Bay Area transportation system that is safe, accessible and convenient for all. This includes preserving and enhancing public transit service; making transit faster, safer and easier to use; repairing local streets and roads; and improving mobility and access for all people, including pedestrians, bicyclists and scooter and wheelchair users.

The vote was approved unanimously by all members present. There are 21 commissioners with three non-voting members. Oakland Mayor Sheng Tao and San Jose Mayor Matt Mahan who are voting members were both absent during the vote.

State Sen. Scott Wiener of San Francisco earlier this month introduced what is known as a spot bill that will be used as the vehicle for authorizing placement of the proposed measure on a future ballot in each of the nine Bay Area counties. The first opportunity to amend Wiener’s Senate Bill 925 will be in mid-February.

While the Commission has not yet identified a revenue source for the proposed measure, MTC Chair and Napa County Supervisor Alfredo Pedroza noted that he and his colleagues are considering a wide range of options.

“Voters traditionally have supported transportation through bridge tolls or sales taxes. Bridge tolls are not an option in this case and we think it’s smart to look at more than a regional sales tax. We’re proposing a few options so we have enough flexibility and enough time to get it right.”

Tax Options & Projected Revenue

Legislators, and MTC staff and commissioners, will consider several options for generating revenue. These may include a sales tax, an income tax, a payroll tax, a square footage based parcel tax, a Bay Area-specific vehicle registration surcharge with tiered rates based on the value of the vehicle or a regional vehicle-miles traveled charge (VMT) charge subject to prior adoption of a statewide road usage charge not sooner than 2030.  

MTC staff recommend raising at least $1 billion to $2 billion per year for robust investments in safe streets and other capital improvements, to improve and expand transit service, and to help Bay Area transit agencies operate their services. 

Goals of the Regional Transportation Measure

The revenue measure’s core goal is to advance a climate-friendly transportation system in the Bay Area that is safe, accessible and convenient for all. Focus areas include:

  1. Protect and enhance transit service. Ensure that current resources are maintained and used effectively; and enhance service frequency and areas served.
  2. Make transit faster, safer and easier to use. Create a seamless and convenient Bay Area transit system that attracts more riders by improving public safety on transit; implementing the Bay Area Transit Transformation Action Plan; and strengthening regional network management.
  3. Enhance mobility and access for all. Make it safer and more accessible for people of all ages and abilities to get to where they need to go. Preserve and improve mobility for all transportation system users, including people walking, biking and wheeling.

Proposed Expenditure Categories

  1. Transit transformation: sustain, expand and improve transit service for both current and future riders; accelerate customer-focused initiatives from the Bay Area Transit Transformation Action Plan and other service improvements that are high priorities for Bay Area voters and riders; and help fund the transition to zero-emission transit. 
  2. Safe streets: transform local streets and roads to support safety, equity and climate goals, including through pothole repair, investments in bicycle/pedestrian infrastructure, safe routes to transit and other safety enhancements.
  3. Connectivity: fund mobility improvements that close gaps and relieve bottlenecks in the existing transportation network in a climate-neutral way.
  4. Climate resilience: fund planning, design and/or construction work that protects transportation infrastructure and nearby communities from rising sea levels, flooding, wildfires and extreme heat.

Transportation Measure Highlights

This measure reflects feedback from Commissioners, key legislative leaders and other stakeholders, including:

  • Improving transit coordination by strengthening MTC’s role as regional transit network manager;
  • A focus on Bay Area Transit Transformation Action Plan (TAP) action items and other customer facing policies that would benefit from a regional approach, such as ambassadors to assist riders and support a safe atmosphere;
  • Flexibility in the amount of revenue requested, as well as the way that funding could be generated;
  • Flexibility in spending priorities as the region’s needs evolve with time; and
  • The “North Star” vision statement, which includes greenhouse gas emission-reduction tools, such as:
    • A Transportation Demand Management mandate that encourages Bay Area employees to commute to work in ways other than driving to work alone; and 
    • A limitation on how money could be spent on highway-widening projects.

Just as MTC commissioners have proposed a range of tax options, so too have they identified multiple expenditure categories.

“We recognize that we’ll be asking voters to take on a heavy lift,” acknowledged Pedroza. “The big lesson from COVID is the need to transform both our transit network and the way we pay to operate it. But we also need to transform our local streets and roads to fix potholes and make the roads safer for walking and biking. We need to improve connectivity and do it in a way that doesn’t encourage people to drive more. And we need to make our transportation infrastructure more resilient to rising sea levels, flooding, wildfires and extreme heat.”

Measure Vision Statement

The Commissioners also adopted the following Vision Statement for the measure: “The Bay Area needs a world-class, reliable, affordable, efficient and connected transportation network that meets the needs of Bay Area residents, businesses and visitors while also helping combat the climate crisis; a public transit network that offers safe, clean, frequent, accessible, easy-to-navigate and reliable service, getting transit riders where they want and need to go safely, affordably, quickly and seamlessly; local roads are well maintained; and transit, biking, walking and wheeling are safe, convenient and competitive alternatives to driving; enhancing access to opportunity, lowering greenhouse gas emissions, strengthening the region’s economy and improving quality of life.”

To learn more about the proposed tax measure click, here. To read the supporting documents considered by the Commissioners click, here.

MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

Allen D. Payton contributed to this report.

California is not East Berlin. A wealth tax in the Golden State would expedite the exodus

Wednesday, January 24th, 2024

By Jon Coupal

Note: This column first appeared in The Press-Enterprise. Republished with permission.

Daily news reports on the great “California Exodus” are not just from conservative outlets. Left-leaning publications such as the Los Angeles Times and San Francisco Chronicle have recently reported on the outmigration of upper-income citizens who, even if not billionaires, still generate a lot of income tax revenue.

Earlier this month the California Legislature held a hearing on Assembly Bill 259 which would lay the foundation for the imposition of a wealth tax. The companion legislation to AB 259 is a proposed constitutional amendment that would, among other things, effectively sweep away Proposition 13’s limits on taxing property.

Fortunately, the idea that California would be the first in the nation to impose a highly unpopular wealth tax is so radical that the proposal was rejected by Democrats as well as Republicans on the Assembly Revenue and Taxation Committee. It didn’t take long for the Democrat chair of the committee to shuffle the bill to the “suspense” file where bad legislation goes to die.

Coincidentally, the wealth tax hearing occurred on the same day that Gov. Newsom released his proposed budget. Things got a little sparky during the presentation with Newsom pushing hard against the Legislative Analyst’s figure of a $68 billion deficit. Newsom contends that the deficit is “only” $38 billion. (But hey, what’s a $30 billion difference between friends).

Newsom saved his most animated criticism for those who highlight the state’s shortcomings, including the significant outmigration of California’s most productive citizens. He especially targeted the editorial page of the Wall Street Journal, which has never been reticent about commenting on the state’s well-deserved reputation for anti-business bias.

But to his credit, Newsom rejected the notion of a wealth tax – at least for now. For taxpayers, it matters little whether the governor’s stance is motivated by politics or a sincere policy position. Either way, we’ll take it.

The problems with the wealth tax proposal – even as half-baked as it is – are legion. But one issue should be especially troubling to anyone who believes both in fiscal restraint and basic constitutional freedoms. That is, could a wealth tax be applied to people who voluntarily leave the state for the specific purpose of avoiding California’s highest-in-the-nation income taxes? AB 259 contains a provision that applies the wealth tax to every “wealth-tax resident,” defined as someone who “is no longer a resident, and does not have the reasonable expectation to return to the state.”

The question here is not whether a resident of another state can be taxed when they have a “nexus” to California, for example income earned in California or owning property in the state. Rather, what about someone who no longer has any connection to California? The proposal to tax wealth on such people would likely be deemed to violate the U.S. Constitution’s Commerce Clause.

More fundamentally, an “exit tax” could be construed as an impairment to the right to travel. The U.S. Supreme Court affirmed in 1958 in Kent v. Dulles that citizens have a liberty interest in the right to travel: “[t]he right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment …”

Setting aside the practical and legal problems with this or any wealth tax proposal, a fundamental problem is the signal it sends to all productive California taxpayers as well as those in other states who might consider moving here.  California already has a horrible reputation for its treatment of taxpayers and businesses, why would we even consider another punishing tax?

The proponents of the wealth tax need to be reminded that, as much as they might want to prevent citizens from leaving, California is not East Berlin. The U.S. Constitution will not allow the state government to build a wall to keep citizens in, and then shoot tax bills at them when they try to escape.

Jon Coupal is president of the Howard Jarvis Taxpayers Association.

Slay California’s Death Tax

Friday, January 19th, 2024

About 1.2 million signatures needed by February 5th to qualify the Repeal the Death Tax Act for November’s ballot

Download your petition below to help

By Katy Grimes

This article was first by the California Globe. Republished with permission.

Last week when Gov. Gavin Newsom was sharing his proposed 2024-2025 budget, he insisted that he was opposed to a proposed wealth tax. And sure enough, Assembly Bill 259 by Assemblyman Alex Lee (D-Palo Alto), which will impose an annual “worldwide net worth” tax of 1 percent on net worth above $50 million, rising to 1.5 percent on net worth over $1.0 billion, was killed in committee that afternoon.

However, the governor has been mum about another type of wealth tax – California’s sneaky Death Tax, which adds a new tax on property inherited by a family member, which was already was taxed over the years of ownership.

In 2020, Proposition 19 resurrected the Death Tax on families whose property is left to loved ones when they die, putting their homes, property and businesses at significant risk. While the initiative was cleverly disguised as a benefit for the elderly and disabled communities, Proposition 19 caused far more harm than good.

In May, Senator Kelly Seyarto (R-Murrieta) introduced Senate Constitutional Amendment 4, to restore taxpayers’ property rights by reversing the state’s “death tax” written into in Proposition 19. Deviously titled “the Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,”

SCA 4 would have reversed one of the largest property tax increases in state history, a little-noticed provision of Proposition 19 that revoked the ability of families and parents to pass property to their children without any change to the property tax bill, according to the Howard Jarvis Taxpayers Association.

However, Democrats killed Seyarto’s SCA 4 in a legislative committee.

I remember when the Death Tax was first slayed.

“It was 1986 when the parent-child exclusion from reassessment was first added to the state constitution,” Susan Shelly recently wrote. “A growing number of Californians were angry to discover that state law treated death and inheritance as a “change of ownership” under Prop. 13, triggering reassessment to current market value just as if it was a sale. The legislature proposed a constitutional amendment that would allow parent-child transfers of a home and a limited amount of other property, such as a small business or a rental property, without reassessment.”

“The parent-child transfer protection passed by a unanimous vote in both houses of the legislature, and then was approved by 75% of voters statewide.”

Howard Jarvis Taxpayers Association (HJTA) elaborates on how Proposition 19 hurts taxpayers:

Proposition 19 had two main elements. The first was expanded “portability” of base-year property taxes. Homeowners who are 55 years of age or older, who are victims of a wildfire, or who are disabled may now move to a replacement home anywhere in the state, of any value, and take the base-year property tax assessment of the old home with them to a new home up to three times.

Now to the other part of Proposition 19. Previously under the state constitution, property transfers between parents and children, and sometimes grandparents and grandchildren, were excluded from reassessment. These family members could transfer a home of any value and up to $1 million of assessed value of other property, such as a small business property, a vacation cabin, or a rental property, without any increase in the property tax bill. This taxpayer protection was added to the state constitution in 1986 by Proposition 58 (parents and children) and in 1996 by Proposition 193 (grandparents and grandchildren) with overwhelming public support.

Proposition 58 was approved by more than 75% of California voters, and Proposition 193 was approved by nearly the same margin. Now, these taxpayer protections are gone.

Proposition 19 has replaced 58 and 193 with a very narrow exclusion for family transfers of property. Only a principal residence that the inheriting child occupies as his or her permanent primary residence is eligible for an exclusion from reassessment. Unless the new owner can move in within one year, the property is reassessed to market value. Business properties and rental properties lose the protection entirely.

So, what can be done?

Susan Shelly continues, “the Howard Jarvis Taxpayers Association, where I am on staff as VP of Communications, is collecting signatures to put an initiative on the ballot that would repeal the tax increase that was hidden in Prop. 19, without touching the other provisions in it. The official petition is available at RepealTheDeathTax.com and can be downloaded and printed on one sheet of ordinary letter-size paper. This enables instant distribution of the petition throughout the state. Theoretically, a million people could download the petition at the same time, fill it out and sign it, and have one other registered voter in the household also sign it.”

It’s easy. Click on RepealTheDeathTax.com and/or

Click here to DOWNLOAD the official petition RIGHT NOW

RepealTheDeathTax.com has more details HERE:

Read the Initiative here.

Please note: You must print and sign the petition with paper and ink. It’s not electronic.

Follow the easy instructions. And please note:

DEADLINE EXTENDED! Return signed petitions to HJTA postmarked by FEBRUARY 5

Download the official, legal petition to put the REPEAL THE DEATH TAX initiative on the November 2024 ballot.

Complete instructions are included in the pdf file.

Get your petition in the mail ASAP – before February 5th.

Katy Grimes, the Editor in Chief of the California Globe, is a long-time Investigative Journalist covering the California State Capitol, and the co-author of California’s War Against Donald Trump: Who Wins? Who Loses?

CA State Controller complains of inability to tax largest portion from L.A. Dodgers pitcher’s contract

Monday, January 8th, 2024
L.A. Dodgers’ pitcher Shohei Ohtani. Source: L.A. Dodgers Instagram

Wants Congress to approve caps on deferred compensation

SACRAMENTO — State Controller Malia M. Cohen released the following statement following last month’s announcement that the L.A. Dodgers signed a 10-year, $700 million contract with pitcher Shohei Ohtani. The contract is structured so that Ohtani will receive $2 million per year and defer the balance approximately 10 years, when he could potentially return to Japan and escape payment of California state income taxes on the deferred amount:

“The current tax system allows for unlimited deferrals for those fortunate enough to be in the highest tax brackets, creating a significant imbalance in the tax structure.” said Cohen. “The absence of reasonable caps on deferral for the wealthiest individuals exacerbates income inequality and hinders the fair distribution of taxes. I would urge Congress to take immediate and decisive action to rectify this imbalance.”

“Introducing limits on deductions and exemptions for high-income earners promotes social responsibility and contributes to a tax system that is just and beneficial for all. This action would not only create a more equitable tax system, but also generate additional revenue that can be directed towards addressing pressing important social issues and fostering economic stability,” Cohen stated.

About Controller Cohen

As the chief fiscal officer of California, Controller Cohen is responsible for accountability and disbursement of the state’s financial resources. The Controller has independent auditing authority over government agencies that spend state funds. She is a member of numerous financing authorities, and fiscal and financial oversight entities including the Franchise Tax Board. She also serves on the boards for the nation’s two largest public pension funds. Follow the Controller on X at @CAController and on Facebook.

CA Attorney General issues Race-Blind Charging Guidelines for prosecutors

Thursday, January 4th, 2024

Two-step process redacts identifying information as required by new state law

OAKLAND – California Attorney General Rob Bonta released Race-Blind Charging Guidelines that address the specific statutory requirements listed in Assembly Bill 2778 (D-McCarty) and Penal Code Section 741, as well as provide prosecutors practical guidance as to how to implement the requirements. The guidelines outline a new two-step process for evaluating charging, including how to redact identifying information, how to document charging decisions, when a crime is excluded from this process, and the requirements to collect and make available for research anonymous data. The guidelines are intended to help reduce the potential for unconscious bias to influence the initial charging decision in legal cases, in accordance with the spirit, law, and goals of PC 741.

“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct. These guidelines will help prosecutors perform their duties in accordance with California law and most importantly, help promote a more fair and equitable charging process for all individuals.”

Studies have shown that unconscious bias may infect decisions within the criminal justice system, despite the best intentions of the parties involved. The guidelines will assist all California prosecution agencies in implementing this new process by January 1, 2025. It includes nine critical components to reduce unconscious bias:

  1. Redaction of Cases Received from Law Enforcement Agencies and Suspects Criminal History Documentation: Prosecution agencies are required to review initial charging decisions based on information, including police reports and suspect criminal history documentation, from which all direct means of identifying the race of suspect(s), victim(s), and witness(es) race is removed.
  2. Race-Blind Initial Charging: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filed. The more thorough second review will be used to determine individual charges or decide charges with certainty. 
  3. Redaction Process for Initial Charging Evaluation: Each prosecution agency must create a redaction process for the materials used in the initial charging evaluation. It must be performed by personnel not association with evaluating or charging the case and may either be done manually or through automation as long as the process ensures correct redaction.
  4. Use of Artificial Intelligence (AI) Tools for Redaction: If an AI system is used, it must be validated before implementation that appropriate safeguards are in place to prevent unauthorized access to sensitive information.
  5. Second Review for Charging: After completion of the race-blind initial charging evaluations, the case shall proceed to a second, complete review for charging. This would include a review of unredacted reports and all available evidence, which may include additional materials, such as video footage, photographs, and complete witness statements, that reveals race but must be reviewed to assess whether the requisite elements have been met to warrant the filing of criminal charges. This is the “ordinary charging evaluation” and must be performed by the same prosecutors who performed the initial charging review.
  6. Documentation of Charging Decision: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filled. The more thorough second review will be used to determine individual charges or decide charges with certainty. 
  7. Inability to Conduct Race-Blind Initial Charging Evaluation: If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability must be documented and retained by the agency.
  8. Collection of Data and Availability for Research Purposes: Each county in which a prosecution agency resides must, on a usual basis, collect the data resulting from the race-blind initial charging evaluation process, except as such information is protected by privilege including, but not limited to, that found in Penal Code section 1054.6. Each county must ensure that the data is collected, stored, and transmitted in a way appropriate to protect sensitive information.
  9. Exception to the Race-Blind Process: The prosecution agency may exclude the crimes listed at the Penal Code section 741, subdivision (c) from the race-blind charging process. Each prosecution agency may further remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation and shall keep a list of the exclusion and their reason for review.

Attorney General Bonta, is committed to fighting for racial justice. In May of 2021 he established the Racial Justice Bureau which, among other things, supports the California Department of Justice’s broader mandate to advance the civil rights of all Californians by assisting with new and ongoing efforts to combat hate and bias. This year, the Attorney General has also engaged with local leaders through roundtables through hate crime roundtables in BakersfieldFresnoAnaheim and Irvine.  

More broadly, the Attorney General is deeply committed to responding to the needs of historically marginalized and underrepresented communities and, last year, also launched the Office of Community Awareness, Response, and Engagement to work directly with community organizations and members of the public as part of the effort to advance justice for all Californians.

A copy of the Guidelines can be found here.

Delta Levees Investment Strategy becomes California state law

Thursday, January 4th, 2024
California Delta levee work. Photo: Delta Stewardship Council

New flood-related regulations prioritize levee investments in the Delta and Suisun Marsh

By Delta Stewardship Council

SACRAMENTO – The new year has brought new flood protections for the Sacramento-San Joaquin Delta. The Delta Stewardship Council has successfully amended the Delta Levees Investment Strategy (DLIS), a tool the state uses to prioritize investments in Delta levee operations, maintenance and improvements, thus reducing the likelihood and consequences of levee failures.

The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities. The amended regulation took effect on January 1, 2024.

Executive Officer Jessica R. Pearson at a Delta Stewardship Council meeting. Photo: DSC

“Delta flood risk is one of the most urgent threats to California and will continue to worsen in the future with changes in sea levels and storm patterns,” says the Council’s Executive Officer Jessica R. Pearson. “Limited funding to address that risk demands clear priorities. The product of nearly a decade of public input and collaboration, the strategy represents one of the Council’s greatest milestone achievements.”

The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities.

“Flood protection is a key piece of DWR’s work to increase water resilience as California moves toward a hotter, drier future,” says DWR Director Karla Nemeth. “DWR stands in partnership with the Delta Stewardship Council across multiple initiatives, including the Delta Levees Investment Strategy. These efforts will provide needed protections to the diverse communities that call the Delta home.”

The Dutch Slough Tidal Marsh Restoration Project site, located in the Sacramento-San Joaquin Delta near Oakley, California. The restoration project implemented by the California Department of Water Resources will restore 1,187 acres into a tidal marsh to provide habitat for salmon and other native fish and wildlife. Photo taken May 18, 2023, by Florence Low / California Department of Water Resources.

The Delta’s 1,100 miles of levees provide protection for residences, agricultural lands, and infrastructure, which need deliberate and sustainable maintenance and funding. Many of the levees date back to when the Delta was reclaimed for agricultural purposes in the late 1800s.

The updated strategy prioritizes the protection of people, property, and state interests and advances statewide water supply reliability and Delta ecosystem resilience in a manner that protects and enhances the Delta as a place where people live, work and recreate.

Source: DSC

On September 21, 2023, the Office of Administrative Law approved the Council’s Administrative Procedure Act process to amend the California Code of Regulations, title 23, sections 5001 and 5012, to implement the Council’s Delta Levees Investment Strategy. The amended regulation took effect on January 1, 2024, and is available at on the Delta Levees Investment Strategy web page at deltacouncil.ca.gov/DLIS.

ABOUT THE COUNCIL

The Delta Stewardship Council was created by the California Legislature in 2009 to advance California’s water supply reliability and the Delta’s ecosystem resiliency in a manner that protects and enhances the region’s unique characteristics. It is composed of seven members, advised by an independent 10-member science board, and supported by a dedicated staff. For more information, visit the Council’s website at deltacouncil.ca.gov.

Visuals of the Delta can be found in DWR’s photo galleries (pixel-ca-dwr.photoshelter.com).

For more information, contact media@deltacouncil.ca.gov.

California State Parks awards $41.9 million in grants to create new parks across state

Saturday, December 30th, 2023
Images of previous park projects funded by the Statewide Park Development and Community Revitalization Grant Program. Top left: Old Depot Bike Park grand opening in Placerville, California. Top right: Xabatin Park grand opening in Lakeport, California. Bottom photos: Nogales Park grand opening in Walnut Park, California. Photos from California State Parks.

SACRAMENTO, Calif.— California State Parks announced Thursday, Dec. 28, 2023, $41.9 million in grant funding to support the diversity of California’s park needs. Under “Round Four” of the Statewide Park Development and Community Revitalization Grant Program, the state of California is delivering new park access to an additional eight communities across the state.

To date, the Statewide Park Development and Community Revitalization Grant Program has provided approximately $1.2 billion to California’s communities. Round Four received the highest amount requested in State Parks’ nearly 50-year history of grant administration.

“Having access to outdoor spaces is critical for all Californians and these projects will contribute to the quality of life for many people who seek local parks to improve their physical, mental and social well-being,” said California State Parks Director Armando Quintero. “State Parks is incredibly grateful to all the organizations who applied for grant funding this round.”

The eight awarded grant projects are:

Fresno County

  • Reedley: City of Reedley, Camacho Park Project: $4,049,992 to construct a new walking path, group picnic area, restroom, signage, and public art. Renovate three existing baseball/softball fields, existing restroom/storage/concession stand, and landscaping and lighting throughout the park.

Kern County

  • Bakersfield: County of Kern, Potomac Park Neighborhood Project: $7,384,000 to construct a new soccer field with lighting, splash pad with shade, dog park, basketball court with lighting, three shade structures over existing picnic tables, walkways with lighting, parking lot with lighting, and restroom. Renovate the existing group picnic pavilion, basketball court with lighting, inclusive playground with lighting, and landscaping throughout the park.

Los Angeles County

  • Hawthorne: Los Angeles Neighborhood Land Trust, Zela Davis Park Renovation: $963,060 to construct a new playground with shade, basketball court, picnic area with shade, walking path and hardscape elements, exercise equipment, public art, restroom building, and landscaping and lighting throughout the park.
  • Los Angeles: Los Angeles Neighborhood Land Trust, Jefferson Park Project: $5,800,000 to create a new park which will include a new playground with shade, sand and water play area, picnic area with shade, exercise area, public art, skate spot, walking path, and lighting and landscaping throughout the park.
  • Paramount: City of Paramount, Paramount Park Community Center Expansion: $7,372,213 to construct a new expansion of an overused Center’s Senior Center and renovate existing building spaces to create dedicated senior activity spaces. The expansion and renovations would include fitness, music, craft, billiards, card, and conference rooms, two screened outdoor lounge areas, reconfiguration of the stage area to make it fully accessible and viewable from the auditorium/dining space, and installation of landscaping along the exterior of the center.

Sacramento County

  • Sacramento: Southgate R.P.D., Jack N. Sheldon Park & Florin Creek Trail: $8,500,000 to acquire approximately 8.77 acres and construct a new dog park with lighting, disc golf course, basketball court, exercise equipment stations, four pickleball courts with lighting, gazebo and BBQ area, practice wall, playground, soccer field with lighting, multiuse trails, informal trails, electric vehicle charging stations, ping-pong with shade cover, educational arboretum, pathways with lighting, two shade structures with picnic tables, public art, and lighting and landscaping throughout the park. Renovate six tennis courts with lighting, a multiuse trail, playground, soccer field and parking with lighting.

San Joaquin County

  • Stockton: City of Stockton, Van Buskirk Park Renovation: $7,016,086 to construct a new skate park, two full-size basketball courts, and BMX/Bike Trails with lighting and landscaping.

Yolo County

  • Knight’s Landing: County of Yolo, Knights Landing Community Park: $814,649 to create a new park which will include a new soccer field, little league/softball field, full-size basketball court, ball wall, children’s playground, perimeter 6’ wide walking/jogging path, shaded picnic and BBQ area, open natural grass area, parking lot, plaza area with picnic tables, shade trees, and farmers market/food truck areas for community gathering space. Renovate the existing restroom.

On March 21, 2021, California State Parks’ Office of Grants and Local Services (OGALS) received $2.42 billion in grant requests for Round 4 of the Statewide Park Program. The department was able to award $548.3 million to projects throughout California; however, approximately, $1.87 billion in requests were left unfunded. An additional appropriation of $41.9 million was provided through the 2023/2024 State Budget. This additional funding is now being awarded to unfunded Round 4 applications.

Funding for the grant program was first made available through Proposition 84 (2006 Bond Act) Sustainable Communities and Climate Change Reduction. Proposition 68 (2018 Bond Act) and additional general fund money continue this program’s legacy.

Since 2000, California State Parks’ OGALS has administered more than $3 billion in local assistance grants from a variety of funding sources. The funding has established indoor and outdoor recreation in every corner of the state, built trails, acquired and restored sensitive habitat, built natural and cultural interpretative facilities, and fostered outdoor natural experiences for thousands of children, youth and families. Approximately 8,000 California parks have been created or improved through these grant programs. To view previous park projects created through OGALS, visit this link.

The California Department of Parks and Recreation, popularly known as State Parks, and the programs supported by its Office of Historic Preservation and divisions of Boating and Waterways and Off-Highway Motor Vehicle Recreation provide for the health, inspiration and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. Learn more at parks.ca.gov.