Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians. Existing law establishes various accounts in the fund, including the Federal Funding Account. Existing law requires the commission, upon the deposit of state or federal infrastructure moneys into the account, to implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, except that any of those moneys that are not encumbered on or before June 30, 2023, will be available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. This bill would revise those provisions related to the account to also require the commission to implement the program upon the allocation of moneys for purposes of the account, expand the requirement that the commission separately allocate $1,000,000,000 to projects in rural and urban counties to apply to the $2,000,000,000 appropriated or otherwise committed to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, and delete the provision that would make those moneys that have not been encumbered on or before June 30, 2023, available for projects anywhere in the state.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence that is for the purpose of a middle school or high school pupil participating in a civic or political event, as defined, provided that the pupil notifies the school ahead of the absence. This bill would require the middle school or high school pupil participating in a civic or political event to notify the school at least one day ahead of the absence in order to be excused for the absence.
Existing law establishes the State Department of Public Health and prescribes its duties related to public health, including the prevention of disease and the promotion of health. Among other duties, contingent on appropriation in the annual Budget Act, the department is required to analyze asthma morbidity and mortality data, periodically assess the burden of asthma on the state's medical and economic resources, and identify those populations most seriously affected by the disease. This bill would require the department to conduct a study of the pulmonary health of communities in the Salton Sea region. The bill would also make related findings and declarations.
Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified. This bill, until January 1, 2029, would state that, for purposes of this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders. By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.
Existing law contains various provisions relating to guide dog instruction and requires a guide dog school to annually submit a list of all trainers or guide dog instructors employed or contracted by the school to the Department of Consumer Affairs. Existing law prohibits the department from charging a fee for the collection of this data. This bill would require the department, on or before September 10, 2025, to inform places of business, through an educational campaign throughout the state, of the problems faced by qualified service dog users, as provided. The bill would define the term "service dog" for these purposes. The bill would authorize the department to solicit donations from private sources, including service dog schools, to support this campaign.
Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected by or likely to be affected thereby, if specified conditions exist and either specified local officials request the Governor to make that proclamation, or the Governor determines that local authority is inadequate to cope with, the emergency. During a state of emergency, existing law confers on the Governor, to the extent the Governor deems necessary, complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. This bill would, instead, authorize the Governor to exercise within the area designated all executive power vested in the state by the Constitution and laws of the state to effectuate the purposes of the CESA. The bill would also make various nonsubstantive changes to these provisions. Existing law requires the Governor to proclaim the termination of a state emergency at the earliest possible date that conditions warrant. Existing law requires all of the powers granted to the Governor by the CESA with respect to a state of emergency to terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end. This bill would instead require that a state of emergency automatically terminate 60 days after the Governor's proclamation unless the Legislature extends it by a concurrent resolution, as specified. The bill would prohibit a concurrent resolution from extending a state of emergency by more than 30 days, as specified.
Existing law establishes a system of mental health programs, largely administered through the counties, to provide mental health and substance use disorder services in the state. Existing law regulates the facilities that provide these services, including acute psychiatric hospitals, residential substance abuse treatment facilities, and outpatient programs. This bill would require that, by July 1, 2024, the California Health and Human Services Agency, either on its own or through the Behavioral Health Task Force established by the Governor, create an ad hoc committee to study how to develop a real-time, internet-based system, usable by hospitals, clinics, law enforcement, paramedics and emergency medical technicians (EMTs) , and other health care providers as deemed appropriate, to display information about available beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and residential alcoholism or substance abuse treatment facilities in order to facilitate the identification and designation of available facilities for the transfer to, and temporary treatment of, individuals in mental health or substance use disorder crisis. The ad hoc committee shall submit a report of its findings to the Legislature no later than July 1, 2025.
Existing law requires the State Board of Education to, on or before March 31, 2014, adopt a template for a local control and accountability plan (LCAP) and an annual update to the LCAP for use by school districts, county superintendents of schools, and charter schools. Existing law, on or before January 31, 2022, requires the template adopted by the state board to require the inclusion of certain information, including, among other information, a description of the annual goals to be achieved for certain state priorities, as specified, a description of the specific actions that the school district, county office of education, or charter school will take during each year of the LCAP to achieve these goals, and an assessment of the effectiveness of the specific actions described in the existing LCAP toward achieving the goals, as provided. This bill would require the template adopted by the state board to instead require the inclusion of an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing LCAP toward achieving the goals, as provided. The bill would require actions that have not proven effective over a 3-year period of implementation to be changed and would require the description of changes to include an explanation of the reasons for lack of progress indicated by the analysis and how the action will be better addressed with a new or strengthened approach, except as provided. The bill would also require certain actions to be changed for each school within a school district, school operated by a county superintendent of schools, and charter school that for 2 consecutive years receives the lowest performance measure for purposes of the school climate state priority, as specified. Under existing law, the process of developing and annually updating the LCAP should support school districts, county offices of education, and charter schools in, among other things, improvement across the state priorities, as provided. The bill would instead provide that the process of developing and annually updating the LCAP should support school districts, county offices of education, and charter schools in, among other things, improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard. By imposing new duties on local educational agencies, the bill would constitute 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.
Existing law, the Parent's Accountability and Child Protection Act, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including verifying the age of the purchaser. Existing law prohibits a person or business that is required to comply with these provisions from retaining, using, or disclosing any information it receives in an effort to verify age from a purchaser or recipient for any other purpose, except as specified, and subjects a business or person that violates these provisions to a civil penalty. This bill would require a commercial entity that knowingly and intentionally publishes or distributes sexually explicit material on the internet from a sexually explicit website to use an age verification method that prevents minors from accessing sexually explicit material. The bill would make a commercial entity that violates these provisions liable to the parent or legal guardian of a minor who accessed the sexually explicit material, as specified. The bill would prohibit a commercial entity or third party that performs age verification required by these provisions from retaining any identifying information of an individual after age verification has been accomplished. The bill would make a commercial entity that knowingly retains the identifying information of an individual in violation of these provisions liable, as specified. The bill would provide specified exceptions to these provisions, including for a bona fide news or public interest broadcast, website video, report, or event. The bill would define several terms for purposes of these provisions.
Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center so that they may continue living in the community. Federal law authorizes states to implement PACE as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal state plan. Existing law authorizes the State Department of Health Care Services to enter into contracts with public or private organizations for implementation of the PACE program and sets out mandatory requirements of the PACE model, as provided under federal law. This bill would require the department to perform program audits of PACE organizations and to develop and maintain standards, rules, and auditing protocols. The bill would require the protocol to include data collection procedures and formal decision rules and procedures for enforcement consequences when the requirements of law are not met.
Existing law, the Real Estate Law, establishes the Department of Real Estate in the Business, Consumer Services, and Housing Agency, with the Real Estate Commissioner as its chief officer, and sets forth the powers and duties of the commissioner relating to the licensure and regulation of real estate brokers and salespersons. A willful violation of these provisions is punishable as a misdemeanor. Under existing law, when a licensee prepares or has prepared an agreement authorizing or employing such licensee to perform any of the acts for which a broker is required to hold a license, or when such licensee secures the signature of any person to any contract pertaining to such services or transaction, the broker is required to deliver a copy of the agreement to the person signing it as soon as reasonably practicable after the time the signature is obtained, as specified. This bill would prohibit a real estate broker from entering into a contract that grants an agent the exclusive right to list or sell in excess of one year. The bill would prohibit the total damages or other compensation to be collected from a consumer for breach of a contract in violation of this limit, from exceeding the compensation, if any, paid to the consumer to enter into the contract. The bill would exempt a violation of the one-year maximum from the criminal sanctions. Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a person who receives a form from the recorder stating that the proffered document is unrecordable, and who subsequently attempts to record the document without an order from the court requiring recordation of that document, is guilty of a misdemeanor, punishable as specified. This bill would prohibit a person from knowingly presenting for a recording or filing with a county recorder an exclusive right to list or sell document that is not in with this one-year maximum. The bill would subject a person who presents a document in violation of this prohibition to civil penalties, as specified.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees. This bill would require the department to create a report that, among other things, examines and analyzes limitations to employee access to behavioral health for employee assistance programs, as defined, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the department's public internet website no later than June 30, 2024.
