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passed · California · Senate Jul 1, 2024

SB 230: Income tax: health savings accounts.

The Personal Income Tax Law authorizes various deductions in computing income that is subject to tax under that law. This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, would allow a deduction in computing adjusted gross income in connection with health savings accounts in modified conformity with federal law. In general, the deduction would be an amount equal to the aggregate amount paid in cash during the taxable year by, or on behalf of, an eligible individual, as defined, to a health savings account of that individual, as provided. The bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, would also provide related conformity to that federal law with respect to the allowance of rollovers from Archer Medical Savings Accounts, health flexible spending arrangements, or health reimbursement accounts to a health savings account, and penalties in connection therewith. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Kelly Seyarto (R) · 9 co-sponsors
passed · California · Senate Jul 1, 2024

SB 1499: Personal Income Tax Law: deferred compensation: retirement account catch-up limits: contributions.

The Personal Income Tax Law, in modified conformity with federal income tax laws, generally allows various deductions in computing the income that is subject to taxes imposed by that law, including a deduction for qualified retirement contributions. Existing federal law, the Consolidated Appropriations Act, 2023, among other things, expanded the deduction for qualified retirement contributions by indexing catch-up limitations for persons 50 years of age or older to inflation, increasing catch-up limits for persons 60 to 63 years of age, inclusive, and increasing contribution limits for simple plans, as defined. This bill would conform state law to the above-referenced changes to federal law. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill would also include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Steve Glazer (D)
passed · California · Senate Jul 1, 2024

SB 171: Employment.

(1) Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authorities necessary to operate the state civil service system in accordance with Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Former law required that, unless otherwise provided by law, the salaries of state officers be paid monthly out of the General Fund. Existing law, operative July 10, 2023, requires the salaries of state officers and employees to be paid out of the General Fund, or another recognized state fund that funds a respective employee's position, on a uniform payroll cycle established by the department. Various provisions of existing law, relating to conflicts with memorandums of understanding, pay and benefits provisions relating to military service, travel reimbursement claims, salary classification, workweek groups, sick leave, nonindustrial disability leave, and layoffs, are inconsistent with the implementation of a uniform payroll cycle that is not monthly. This bill would revise those various provisions to accommodate the implementation of a uniform payroll cycle that is not monthly. (2) Existing law governing state employment procedures authorizes an appointing power, to prevent the stoppage of public business when an emergency arises, or because work will be of limited duration not exceeding 60 working days, to make emergency appointments without utilizing persons on employment lists and, if necessary, without regard to existing classes. This bill, until December 1, 2026, would authorize the Department of Industrial Relations to make emergency appointments that exceed 60 working days, subject to specified constitutional limits. The bill would require the department to report its usage of this emergency appointment authority to the Director of the Department of Human Resources and to take other related actions with the Department of Human Resources and the State Personnel Board, in coordination with applicable collective bargaining organizations, to develop a process to streamline the hiring of positions, as prescribed. The bill would further require the Department of Industrial Relations to provide quarterly reports to specified legislative committees concerning the positions filled. The bill would repeal these provision on January 1, 2027, and would include related legislative findings. (3) Existing law generally grants public employees the right to join employee organizations and to be represented by those organizations in their employment relations. Existing law requires specified public employers to provide exclusive employee representatives access to new employee orientations, as prescribed. Existing law, until June 30, 2025, provides that if a public employer has not conducted an inperson new employee orientation within 30 days of a newly hired employee's start date, and the new employee is working in person, the exclusive representative is entitled to schedule an inperson meeting at the worksite during employment hours, during which newly hired employees have the opportunity to attend and are required to be relieved of other duties for purposes of attending. Existing law further requires the exclusive representative, during this meeting, to be permitted to communicate directly with newly hired employees in the applicable bargaining unit for up to 30 minutes on paid time, subject to various other conditions. This bill would extend the operation of the above provisions until June 30, 2027. (4) Existing law requires the Controller to operate a uniform state payroll system for all state agencies, except the California Exposition and State Fair and the University of California, in conformance with the accounting system for all state agencies supervised by the Department of Finance. This bill would require, on and after January 1, 2025, that payments to employees made through the uniform state payroll system for master payroll paid on June 30 of each year be issue dated on July 1, provided that employees, in any event, be paid promptly. The bill would require that these payments be considered payables incurred in the fiscal year in which the payment is issue dated, except as specified. (5) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees' Retirement Fund, a continuously appropriated trust fund administered by the system's board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the state's contribution in the budget and quarterly appropriations to the Public Employees' Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution. Existing law makes additional General Fund appropriations to the Public Employees' Retirement Fund for the 2020–21, 2021–22, 2022–23, and 2023–24 fiscal years. Supplemental payments connected with appropriations for those fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance, and to specified state employee member categories, including to the state miscellaneous member category, the industrial member category, the state safety member category, and the state peace officer/firefighter member category. The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until the 2029–30 fiscal year, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans. This bill would appropriate $337,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the state's appropriation to the Public Employees' Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2024. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees' Retirement Fund to be apportioned to specified state employee member categories, not to exceed $180,098,000 to the state miscellaneous member category, $9,125,000 to the state industrial member category, $21,167,000 to the state safety member category, and $126,610,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 2024–25 fiscal year. (6) Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines "public works" for the purposes of regulating public works contracts as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public work contract. Existing law requires a contractor or subcontractor to meet specific conditions to qualify for this registration, including that a contractor or subcontractor pay an initial application fee and an annual renewal fee set by the Director of Industrial Relations. Existing law authorizes the department to establish and adjust annual registration and renewal fees up to $800 by publishing the fees on the department's internet website. Existing law imposes misdemeanor penalties for a willful violation of those provisions. This bill would, among other things, specifically exempt the establishment and adjustment of those fees from the Administrative Procedure Act. (7) Existing law requires projects or developments undertaken pursuant to the Middle Class Housing Act of 2022, the Affordable Housing and High Road Job Act of 2022, the Affordable Housing on Faith and Higher Education Lands Act of 2023, and housing development approvals, as specified, to be subject to specified prevailing wage or skilled and trained workforce requirements. Existing law authorizes a development proponent to submit an application for a development subject to a streamlined, ministerial approval process when certain conditions are met. Existing law also outlines the requirements for a housing development project application when the development is on land owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit benefit corporation, provided it meets specified conditions. Under existing law, one such condition for these applications is that a proponent of a development project requires in contracts with construction contractors, and certified to the local government, that certain standards are met, including requirements for contractors and subcontractors for portions of the development that are not a public work. This bill would require all contractors and subcontractors for portions of such developments that are not a public work to register with the Department of Industrial Relations, as specified. (8) Existing law authorizes a person aggrieved by an order, decision, or award made and filed by the appeals board or a workers' compensation judge under certain workers' compensation provisions to petition the appeals board for reconsideration. Existing law deems a petition for reconsideration to have been denied by the appeals board unless that petition is acted upon within 60 days from the date of filing. This bill, until July 1, 2026, would instead deem a petition for reconsideration to have been denied by the appeals board unless it is acted upon by the appeals board within 60 days from the date a trial judge transmits a case to the appeals board. The bill would require a trial judge, when it transmits a case to the appeals board, to provide notice to the parties of the case and the appeals board, as specified. (9) Existing law establishes within the Workforce Services Branch of the Employment Development Department the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on California's industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy. Existing law requires the implementation grants under the program to be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. Existing law requires the grants to be awarded on a rolling and competitive basis, with the majority of funds to be used to provide economic development grants, through June 30, 2025. Existing law requires grant recipients to demonstrate a plan to fully spend or obligate all funds received by December 31, 2025, and to pay all obligations by December 31, 2026. This bill would, instead, require the majority of funds to be used to provide economic development grants through June 30, 2028. The bill would require grant recipients to demonstrate a plan to fully spend or obligate all funds received by June 30, 2028, and to pay all obligations by June 30, 2030. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 161: Human services.

(1) Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Prior state law required the department to procure, develop, implement, and maintain a single statewide automated child support system referred to as the California Child Support Automation System. Existing law requires the Office of the Chief Information Officer and the Department of Child Support Services to jointly produce an annual report, to be submitted on March 1, to the appropriate policy and fiscal committees of the Legislature on the ongoing implementation of the California Child Support Automation System, as specified. This bill would delete this reporting requirement. (2) Under existing law, the parents of a minor child are responsible for supporting the child. Existing law requires each county to maintain a local child support agency that is responsible for establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders, and determining paternity, as specified. Existing law establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2022–23 fiscal years, inclusive. This bill would repeal the provision that provides additional funds to the 10 counties with the best performance standards and the suspension for the 2002–03 to 2022–23 fiscal years, inclusive. (3) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the department to also establish the California Food Assistance Program (CFAP) to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status, as specified. Existing law requires that CFAP benefits be equivalent to SNAP benefits. Existing law requires that current and future CalFresh benefits be reduced in order to recover an overissuance caused by intentional program violation, fraud, or inadvertent household error. Existing law sets forth certain procedures and criteria for a county when establishing a claim for recovery of that overissuance of CalFresh benefits. This bill would require the state to retain a portion of any collected overissuance claims on CFAP benefits, with that portion being the same percentage as the state and the United States Department of Agriculture would have retained, combined, if the overissuance claims had been collected under the CalFresh program. Under the bill, any remaining portion of the recovered overissuance claims would be distributed by the department to the counties based on the amount of the overissuance claims recovered by the counties. The bill would make these provisions operative when related provisions become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the expansion of CFAP eligibility to individuals 55 years of age or older. To the extent that the bill would create new duties for counties relating to the procedures for CFAP overissuance claims, the bill would impose a state-mandated local program. Existing law requires a recipient of CFAP benefits who is also receiving CalWORKs aid to satisfactorily participate in welfare-to-work activities, as specified, or if the recipient is not receiving CalWORKs aid, to meet specified work requirements under SNAP. Existing law, to become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System has been updated to perform the necessary automation, instead prohibits a recipient of CFAP benefits from being required to meet the SNAP work requirement. This bill would repeal work requirements for a CFAP recipient. To the extent this bill would expand eligibility for CFAP, which is administered by the counties, this bill would impose a state-mandated local program. This bill would, commencing the date that the department notifies the Legislature that the Statewide Automated Welfare System (SAWS) has been updated to perform the necessary automation, also prohibit a recipient of CFAP benefits from being required meet SNAP disqualification requirements. Existing federal law establishes the Food Distribution Program on Indian Reservations (FDPIR) , under which United States Department of Agriculture foods are provided to income-eligible households living on Indian reservations, and to American Indian households residing in approved areas near reservations, as an alternative to SNAP benefits. Existing law establishes the Tribal Nutrition Assistance Program, administered by the State Department of Social Services, with the intent to provide supplemental nutrition benefits to households that are ineligible for CalFresh benefits solely because they receive food through the FDPIR when their FDPIR benefits are less than those provided by CalFresh. Subject to an appropriation in the annual Budget Act, existing law requires the department to award grants to eligible tribes and tribal organizations to address food insecurity and inequities between CalFresh benefits and FDPIR. This bill would delete the above-described program intent and would instead require the department, subject to an appropriation in the annual Budget Act, to award grants to eligible tribes and tribal organizations to address food insecurity and inequities within California. Existing law, until July 1, 2025, requires the State Department of Social Services to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would instead make the above provisions inoperative upon the expiration of allocated funding for the pilot program or September 30, 2025, whichever is later. (4) Existing law establishes the CalWORKs program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities, including subsidized employment, as a condition of eligibility for aid. Existing law requires the State Department of Social Services, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute additional funding for expanded subsidized employment programs for CalWORKs recipients, as specified, and requires a county that accepts funding from this allocation to, among other things, submit to the department a plan regarding how it intends to utilize the allocated funding. This bill would instead require a participating county, beginning January 1, 2025, or 4 months after the department issues guidance, as specified, whichever is later, to submit to the department, at least once every 2 years, a plan or an amendment to a plan that specifies how the county intends to utilize the allocated funding and to prioritize subsidized employment placements that offer opportunities for participants to obtain skills and experiences in their fields of interest. The bill would also require counties to submit a confirmation of no change if the county has no changes to an existing plan or amendment. The bill would also require the department, beginning April 1, 2025, to include specified information related to the subsidized employment programs described above in the CalWORKs Annual Summary. Existing law establishes maximum aid grant amounts to be provided to each family receiving aid under CalWORKs. Existing law, commencing on October 1, 2023, increases the maximum aid payments in effect on July 1, 2023, by 3.6%. This bill would, commencing on October 1, 2024, increase the maximum aid payments in effect on July 1, 2024, by 0.3%. Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, this bill would make an appropriation for the maximum aid payment increases. Existing law states legislative intent to increase CalWORKs maximum aid payments until the maximum aid payment levels reach 50% of the federal poverty level for the family size that is one greater than the assistance unit, as specified. Existing law requires the State Department of Social Services to annually provide a display in writing to the appropriate policy and fiscal committees of the Legislature, and on the department's internet website, showing the CalWORKs maximum aid payment amounts compared to 50% of the federal poverty level for the family size that is one greater than the assistance unit. This bill would instead require the written display described above to show the CalWORKs maximum aid payment amounts compared to the federal poverty level for the family size that is one greater than the assistance unit. Existing law requires the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association of California to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as well as to update the budgeting methodology used to determine the annual funding for county administration of the CalFresh program. Under existing law, the number of hours per case per month of case work time budgeted for intensive cases under the employment services component of the CalWORKs single allocation is incrementally increased, as specified, and is 10 hours for the 2024–25 fiscal year, subject to a specified appropriation. Effective July 1, 2024, this bill would maintain the number of hours per case per month of case work time budgeted for intensive cases at a minimum of 8.75 hours and, subject to an appropriation by the Legislature, would increase those hours to no more than 10 hours per case per month. The bill would require the department to consult with legislative staff, representatives of county human services agencies and the County Welfare Directors Association of California, advocate representatives, and labor organizations to implement provisions relating to budgeting for the CalWORKs single allocation and county administration of the CalFresh program. (5) Existing law generally provides for the placement of foster youth in various placement settings. Existing law requires the State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, to implement a unified, family friendly, and child-centered resource family approval process. Existing law requires the resource family approval process to include, among other things, a home environment assessment, a permanency assessment, and a written report, as specified. For specified emergency placements, existing law requires the home environment assessment and written report to be completed within 90 days of a child's placement, unless good cause exists. For placements made for compelling reasons prior to the completion of a permanency assessment, existing law requires the home assessment and written report to be completed within 90 days of placement, unless good cause exists. For specified placements with a relative or nonrelative extended family member, existing law requires the home environment assessment, permanency assessment, and written report to be completed within 90 days of placement, unless good cause exists. Existing law also requires counties to provide the department with quarterly reports on the number of families for whom certain requirements have not been completed by the 90-day deadline and to summarize the reasons for these delays. This bill would instead extend the deadline by which these requirements must be completed to 120 days. (6) Existing law provides for the temporary or emergency placement of dependent children of the juvenile court and nonminor dependents with relative caregivers or nonrelative extended family members under specified circumstances. Existing law requires counties to provide a specified payment to an emergency caregiver if, among other things, the emergency caregiver has completed an application for resource family approval and an application for the Emergency Assistance Program. Existing law requires that these payments be made through Emergency Assistance Program funds included in the state's Temporary Assistance for Needy Families (TANF) block grant, with the county solely responsible for the nonfederal share of cost, except as specified. Under existing law, during the 2022–23 fiscal year, and each fiscal year thereafter, these payments are ineligible for the federal or state share of payment upon approval or denial of the resource family application or beyond 120 days, whichever occurs first. Existing law makes the federal and state share available beyond 120 days of payments, and up to 365 days of payments, if certain conditions are met by the county, including, among others, providing the department with a monthly list of the resource family applications that have been pending for more than 90 days, as specified. This bill would instead require the county to provide a monthly list of resource family applications that have been pending for more than 120 days. (7) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care, administered by the State Department of Social Services. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law authorizes a county to have a ratesetting system for specialized care to pay for the additional care and supervision needed to address the behavioral, emotional, and physical requirements of foster children. Existing law requires, upon a tribe's request, the department to enter into an agreement with a tribe regarding the care and custody of Indian children, as specified. Under existing law, a tribe that is party to an agreement under these provisions is eligible to receive allocations of child welfare service funds, as specified. Existing law requires the agreement to ensure that a tribe claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act. This bill would authorize a tribe that has entered into an agreement, as described above, to have a ratesetting system for specialized care. The bill would update a cross-reference to the methodology used to adjust the specialized care increment. This bill would also establish a new, Tiered Rate Structure, as specified, upon which the per child per month rate for every child in foster care would be based. The Tiered Rate Structure would be based on the use of the Integrated Practice-Child and Adolescent Needs and Strengths (IP-CANS) assessment tool, as defined. The Tiered Rate Structure would include 3 components, including an amount paid to the foster care provider for care and supervision of the child, as defined, a strengths building allocation to provide for a child's strengths building objectives, as identified by the IP-CANS, and an immediate needs allocation to provide for the child's immediate needs, and would establish 3 payment tiers, as specified. The bill would require the 3 components of the Tiered Rate Structure to become operative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure, whichever is later. The bill would prescribe various duties of county placing agencies relating to the implementation of the Tiered Rate Structure, including, but not limited to, ensuring completion of IP-CANS assessments for every child and nonminor dependent placed in foster care under the care, custody, and control of the placing agency. The bill would establish the Immediate Needs Program, to provide an array of integrated services and supports based on the immediate needs, as defined, of children who fall into Tier 2 or Tier 3 of the Tiered Rate Structure, pursuant to the IP-CANS assessment. The bill would require the immediate needs allocation for a child to be based on their tier, as determined by the IP-CANS. The bill would specify the department's duties with respect to the Immediate Needs Program, including, but not limited to, overseeing placement agencies in administering the program and developing a certification process for immediate needs providers, as specified. The bill also would require the department to, in consultation with specified entities, to establish statewide minimum standards for the program and providers, and to issue guidance to implement those standards. The bill would establish the Strengths Building and Child and Family Determination Program that, beginning on the implementation date of the Tiered Rate Structure, would be available to every child in foster care whose tier has been determined as part of the Tiered Rate Structure. The bill would require a child and family team, as defined, to perform specified child and family determination functions. The bill would specify the authority and duties of the department and placement agencies under the Strengths Building and Child and Family Determination Program. Existing law lists the settings eligible to receive the specialized care increment, including a licensed foster family home or resource family, approved home of a relative, or approved home of a nonrelative extended family member, as specified. This bill would clarify that a tribally approved home is included in that list of eligible settings. Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to be based on an assessment of the circumstances that required child welfare services intervention, as specified, and to include prescribed components. This bill, on and after the implementation date of the new Tiered Rate Structure, would require the case plan to include the child's or nonminor's most recent IP-CANS assessment and tier, and information relating to the child's or nonminor's immediate needs allocation plan and strengths building spending plan and spending plan report, as specified. Existing law requires the department to develop an intensive services foster care program to serve children with specific needs, including intensive treatment and behavioral needs and specialized health care needs, whose needs for safety, permanency, and well-being require specially trained resource parents and intensive professional and paraprofessional services and supports in order to remain in a home-based setting or to avoid or exit congregate care in a short-term residential therapeutic program, group home, or out-of-state residential center. Existing law also requires the department to implement intensive treatment foster care programs for eligible children in any participating county that applies for and receives the department's approval for an intensive treatment foster care program rate, as specified. This bill would make those programs inoperative on July 1, 2028, or 24 months after the effective date of the Tiered Rate Structure, and would repeal them as of the January 1 following their inoperative dates. The bill would make various conforming changes to existing provisions to require implementation of the new Tiered Rate Structure for specified placements, and would delete obsolete statutory language and make other conforming changes relating to foster care rates and placements. The bill would require the department to provide updates to the Legislature on key stages of planning, preparation, and implementation efforts and outcomes associated with the Tiered Rate Structure, as specified. By increasing duties of county social workers and placing agencies implementing the new foster care rate structure, the bill would impose a state-mandated local program. (8) Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the State Department of Social Services to have oversight of the program and to seek all necessary federal approvals to obtain Title IV-E federal financial participation for those prevention services under the program. Existing law requires a county that elects to provide these prevention services to pay the nonfederal share of the cost for providing the services beyond any state funding provided for that purpose, but authorizes the state to contribute a portion of the nonfederal share of cost and implementation costs, subject to an appropriation of state funds, as specified. Existing law requires a county that receives those state funds to submit a comprehensive plan to the department that includes a continuum of prevention and intervention strategies and services, as specified. Existing law requires counties to use allocated state funds for the nonfederal share of cost of prevention services, allowable administrative activities performed for the program, and program implementation costs, and authorizes counties to also use allocated state funds for the cost of any other prevention services offered pursuant to the comprehensive plan. Existing law, until July 1, 2025, exempts contracts awarded by the department for purposes of the program from specified contracting requirements. This bill would authorize the department to exempt a small county from the requirement to use allocated state funds for the nonfederal share of cost of prevention services, and would require a county with the waiver to use the allocated state funds for the cost of other prevention services offered pursuant to the county's comprehensive plan, allowable administrative activities performed for the program, and program implementation costs. The bill would also extend the contract exemption until July 1, 2028. (9) Existing law establishes the State Department of Social Services in the California Health and Human Services Agency. Under existing law, the State Department of Social Services administers a food assistance program that provides food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households. This bill would, subject to appropriation, require the State Department of Social Services to administer another food assistance program, the State Emergency Food Bank Reserve Program, to provide food and funding for the provision of emergency food and related costs to food banks serving low-income Californians to prevent hunger during natural or human-made disasters, as prescribed, and would define "food banks" to mean participating providers operating in California under the federal Emergency Food Assistance Program or the federal Commodity Supplemental Food Program, members of the nonprofit organization Feeding America that are based in California, and members of the California Association of Food Banks. Existing law requires the State Department of Social Services, subject to an appropriation in the annual Budget Act, to administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. Existing law requires the department to review and evaluate the pilot programs and projects funded to determine the economic impact of the programs and projects and their impact on the outcomes of individuals who receive guaranteed income payments, as specified. Existing law makes these provisions inoperative on July 1, 2026, and repeals these provisions on January 1, 2027. This bill would extend the inoperative date of these provisions to January 1, 2028, and would repeal these provisions on January 1, 2029. (10) Existing law establishes the Community Care Expansion Program, under the administration of the State Department of Social Services. Under the program, subject to appropriation by the Legislature, the department awards grants to qualified grantees to administer projects for the acquisition, construction, or rehabilitation of property to be operated as residential adult and senior care facilities, or to promote the sustainability of existing licensed residential adult and senior care facilities through the provision of capitalized operating subsidy reserves. Existing law defines "capitalized operating subsidy reserve" to mean an interest bearing account maintained by the qualified grantee, the residential adult or senior care facility, or a third-party entity and created to cover potential or projected operating deficits on a facility that is deed restricted to provide licensed residential care for at least the term of the reserve. This bill would authorize the department, in its discretion, to accept a capitalized operating subsidy reserve that is restricted by a legally enforceable agreement to provide residential care as an alternative to a deed restriction. (11) Existing law, subject to an appropriation of state funds, establishes the Excellence in Family Finding, Engagement, and Support Program, administered by the State Department of Social Services. Existing law requires the department, in consultation with specified entities, to develop an allocation methodology for counties that elect to receive funds under the program to be used to supplement, but not supplant, funds for existing family finding and engagement programs. Existing law requires family-finding workers be assigned to family-finding responsibilities full time, but authorizes those workers to be employed by either the county or a nonprofit community based organization with which the county has contracted for this purpose. This bill would authorize a participating county or tribe without a family-finding worker assigned full time to family-finding responsibilities due to an insufficient caseload, as determined by the department, to submit a written request, including specified information, to the department for authorization to use funding to pay for the portion of a family-finding worker's time dedicated to family-finding activities. (12) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires, when a child or youth receiving child welfare services is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation and is missing or has been abducted, the county probation or welfare department to immediately report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children (NCMEC) . This bill would specify the contents of the report made by the county probation or welfare department when reporting to law enforcement pursuant to these provisions, including, among other things, a description of the child's or youth's physical features. The bill would require the county probation or welfare department to maintain regular communication with law enforcement agencies and the NCMEC in efforts to provide a safe recovery of the missing or abducted child or youth. By imposing additional duties on local entities, this bill would impose a state-mandated local program. Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, the minor's parents or guardian, and the attorneys for the parties. Existing law makes it a misdemeanor to disseminate information obtained pursuant to these provisions, as specified. This bill would authorize a county welfare or probation department to disseminate information from a juvenile case file to the NCMEC as necessary for the county welfare or probation department to carry out its duties required under provisions requiring communication between law enforcement and the NCMEC regarding missing or abducted children or youth believed to be the victims of, or at risk of being the victims of, commercial sexual exploitation. By expanding the scope of a crime, this bill would impose a state-mandated local program. (13) Existing law provides for the State Supplementary Program for the Aged, Blind and Disabled (SSP) , which requires the State Department of Social Services to contract with the United States Secretary of Health and Human Services to make payments to SSP recipients to supplement Supplemental Security Income (SSI) payments made available pursuant to the federal Social Security Act. Under existing law, benefit payments under SSP are calculated by establishing the maximum level of nonexempt income and federal SSI and state SSP benefits for each category of eligible recipient, with an annual cost-of-living adjustment, effective January 1 of each year. Existing law prohibits, for each calendar year, commencing with the 2011 calendar year, any cost-of-living adjustment from being made to the maximum benefit payment unless otherwise specified by statute, except for the pass along of any cost-of-living increase in the federal SSI benefits. Existing law continuously appropriates funds for the implementation of SSP. This bill would, on or before January 10, 2025, and annually thereafter, require the department to provide a display in writing and on its internet website, as specified. The bill would require the department to update the display at the annual May Revision. (14) Existing law establishes the federally funded and state-funded Kinship Guardianship Assistance Payment Program (Kin-GAP) , which provides aid on behalf of eligible children who are placed in the home of a relative guardian. Existing law limits the cash savings of a child or nonminor in receipt of Kin-Gap benefits to $10,000, and requires that the child or nonminor have earned income disregarded. This bill would remove that cash savings limitation, and would instead require that income or property received after the beginning date of receipt of Kin-GAP benefits be disregarded. The bill would make these amendments operative on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation. (15) Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes. Existing law requires the state and counties to share the annual cost of providing IHSS pursuant to a specified cost ratio, and requires all counties to have a rebased County IHSS Maintenance of Effort (MOE) . Existing law requires the state to pay 100% of the allowable nonfederal share of county administration and public authority administration costs for each county, until the county's share of the appropriated General Fund moneys for administration is exhausted, upon which time, the county is required to pay 100% of the remaining nonfederal share of county administration and public authority administration costs. Existing law requires the department to consult with the California State Association of Counties, the County Welfare Directors Association of California, and the California Association of Public Authorities to determine the county-by-county distribution of the amount of General Fund moneys appropriated in the annual Budget Act for county administration and public authority administration. This bill would require the department to review the budgeting methodology used to determine the annual funding for county administration of the IHSS program and examine the ongoing workload and administrative costs to counties as part of the review beginning with the 2025–26 fiscal year and every 3rd fiscal year thereafter. The bill would also require the department to provide information to the appropriate legislative budget committees regarding this review and how it may impact county administrative costs. (16) Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits. Existing law provides that a recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized third party, as specified, and requires the prompt replacement of the taken benefits, as specified. This bill, notwithstanding any other law or guidance, would additionally prohibit a recipient of nutrition benefits, as defined, from incurring any loss of nutrition benefits taken by an unauthorized contact, withdrawal, removal, or use of the benefits that does not occur by the use of a physical electronic benefits transfer card issued to the recipient or authorized third party to directly access the benefits. The bill would require the State Department of Social Services to establish a protocol to use state funds to replace nutrition benefits taken under those circumstances. The bill would authorize the department to issue an all-county letter or similar instructions to implement and amend the requirements and protocols to replace the nutrition benefits, pending the adoption of regulations by June 30, 2026. The bill would require counties to replace eligible, electronically stolen benefits as soon as administratively feasible, but no more than 10 business days following the receipt of the replacement request. By imposing new duties on counties administering nutrition assistance programs, the bill would impose a state-mandated local program. (17) Existing law establishes various programs, including the Housing and Disability Income Advocacy Program, the Bringing Families Home Program, and the Home Safe Program, administered by the State Department of Social Services, to provide certain homelessness- or housing-related assistance or supports to eligible individuals through grant awards to counties or tribes. Under existing law, grantees under those 3 programs are required to match the funding on a dollar-for-dollar basis but are exempt from that requirement during specified multiyear periods. This bill would remove the requirement for fund matching by grantees under the Housing and Disability Income Advocacy Program commencing July 1, 2024, would extend the exemption by 2 years for the Bringing Families Home Program, and would extend the exemption by one year for the Home Safe Program. For purposes of the Housing and Disability Income Advocacy Program, the bill would, commencing July 1, 2024, restructure an existing related provision to specify that the annual ongoing appropriation of funds under the program, subject to an appropriation, is defined as a $25,000,000 General Fund appropriation. Existing law, under that same program, requires a grantee, with the assistance of the department, to seek reimbursement of funds used for housing assistance, general assistance, or general relief from the federal Commissioner of Social Security pursuant to an interim assistance reimbursement agreement, to be expended on additional housing assistance, but waives the requirement to seek reimbursement of funds through June 30, 2025. This bill would extend that waiver through June 30, 2026. (18) Existing law provides for allocation of federal funds through the federal Temporary Assistance for Need Families (TANF) block grant program to eligible states. Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing federal law, the Fiscal Responsibility Act of 2023 (federal act) , among other provisions, requires the United States Secretary of Health and Human Services (Secretary) to carry out a pilot program to provide grants to 5 states for a fiscal year to negotiate performance benchmarks for work and family outcomes for recipients of TANF and qualified state expenditures. The federal act requires the Secretary and a participating state to agree to a required level of performance on those benchmarks. The federal act also requires the state and the Secretary to enter into a plan to achieve the required level of performance if the state fails to meet that benchmark for 2 successive fiscal years. The federal act requires the pilot to be in effect for 6 fiscal years, with one year to establish benchmark data and negotiate targets and 5 years to measure performance against the targets, as prescribed. This bill would require the State Department of Social Services, after consulting with specified stakeholders and staff, to apply to the Secretary to participate in the Pilot Projects for Promoting Accountability by Measuring Work Outcomes program. The bill would state the Legislature's intent to continue to reimagine CalWORKs, and would authorize the department to consider certain reforms, including repealing the federal work participation rate penalty passthrough. (19) Existing law requires the Governor to establish the Interagency Council on Homelessness and requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California and create a data system, known as the Homeless Data Integration System, to collect local data through Homeless Management Information Systems with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs. Existing law prohibits a state public agency from disclosing any personal information in a manner that would link the information disclosed to the individual to whom it pertains except under specific circumstances. Existing law also exempts health information and personally identifying information in the Homeless Data Integration System from public inspection or disclosure under the California Public Records Act. Existing law authorizes council staff to share Homeless Data Integration System data with a state agency or department that is a member of the council. This bill would instead require, upon request, council staff to share personally identifiable, individual-level Homeless Data Integration System data with an agency or department that is a member of the council, as specified. The bill would require the State Department of Social Services, upon access to the data, development of a match and analysis methodology, the successful match of data, and a methodologically feasible approach, to capture this point-in-time data and trends on an annual basis and disclose the data, as specified. (20) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (21) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 169: Public safety juvenile justice trailer bill.

(1) Existing law establishes the Board of State and Community Corrections, and requires the board to act as the supervisory board of the state planning agency pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974. Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities. Existing law requires all juvenile justice grant administration functions in the Board of State and Community Corrections to be moved to the office no later than January 1, 2025. Existing law requires the office to, by July 1, 2025, evaluate the efficacy of local programs being utilized for realigned youth and report its findings to the Governor and the Legislature. This bill would, commencing July 1, 2024, require the Office of Youth and Community Restoration to instead act as the designated state agency pursuant to the federal Juvenile Justice Reform Act of 2018 and would make conforming changes. The bill would additionally require the office, until January 1, 2030, to publish certain data on its internet website, at specified intervals, including the number of youth adjudicated for certain offenses and the number of youth committed to secure youth treatment facilities. The bill would also require counties, until January 1, 2030, to report the above-described data to the office. The bill would authorize the office to implement these provisions by means of written guidelines or similar instructions. By imposing additional duties on local entities to provide certain data, the bill would create a state-mandated local program. (2) Under existing law, there is established in each county treasury a Supplemental Law Enforcement Services Account (SLESA) to receive all amounts allocated to a county for specified purposes. Existing law requires the moneys to be allocated in specified amounts to a county or city and county to implement a comprehensive multiagency juvenile justice plan, as specified. Existing law requires the plan to be annually submitted to the Board of State and Community Corrections. Existing law requires a county or city and county to submit a report to the board of supervisors and the board to assess the effectiveness of the programs, strategies, and system enhancements funded under these provisions. This bill would transfer the board's duties under these provisions to the Office of Youth and Community Restoration and make related, conforming changes. (3) Existing law establishes the Juvenile Reentry Grant to provide for the local supervision of persons discharged from the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Existing law requires the amount allocated to each county probation department from the Juvenile Reentry Grant Special Account be distributed pursuant to specified criteria. Existing law requires the Board of State and Community Corrections to provide an annual report to the Department of Finance regarding each discharged ward returned to a local juvenile detention facility, as specified. Under existing law, the Division of Juvenile Justice closed on June 30, 2023. This bill would remove references to the Division of Juvenile Justice and require distribution of funds under the Juvenile Reentry Grant for local supervision of persons discharged at the end of their baseline term or modified baseline term, as specified. The bill would additionally transfer responsibilities to provide annual reports regarding discharged youth to the Office of Youth and Community Restoration beginning with the 2024–25 fiscal year. The bill would specify the contents of the report to be provided to the Department of Finance, including, among other things, identifying information of each ward discharged from a secure youth treatment facility. The bill would remove obsolete cross-references and make other conforming changes to reflect the closure of the Division of Juvenile Justice. (4) Existing law establishes the Juvenile Justice Realignment Block Grant program to provide county-based custody, care, and supervision of youth who are realigned from the Division of Juvenile Justice or who would have otherwise been eligible for commitment to the division. Existing law appropriates moneys from the General Fund for the fiscal years 2021–22, 2022–23, and 2023–24 in specified amounts for these purposes, and specifies how those funds are to be allocated to counties based on specified criteria. Existing law provides for an appropriation for the 2024–25 fiscal year and each year thereafter of $208,800,000, for the same purposes, except the Governor and the Legislature are to work with stakeholders to establish a distribution methodology. Existing law requires the Department of Finance to increase to no more than $250,000 the award amount for any county whose allocation calculated pursuant to the distribution methodology, as specified, totals less than $250,000. Existing law requires the appropriation amount for these counties to be increased by the amount needed to bring each county's allocation to $250,000. Existing law requires, commencing with the 2024–25 fiscal year, the appropriation allocations to be adjusted annually by a rate commensurate with any applicable growth in the Juvenile Justice Growth Special Account in the prior fiscal year, and this amount is additive to the next year's base allocation. Existing law requires the Department of Finance to, annually by July 1, allocate the amount calculated from the General Fund and to provide a schedule for the allocation of funds among counties to the Controller, who must then allocate the funds consistent with the schedule provided by the Department of Finance by no later than August 1 each year. This bill would make an appropriation for the 2024–25 fiscal year, and extend the appropriation of moneys in the amount of $208,800,000, with a specified distribution methodology. The bill would provide for an appropriation for the 2025–26 fiscal year and each year thereafter of $208,800,000, for the same purposes, and would require the Governor and the Legislature to work with stakeholders to establish a distribution methodology. The bill would similarly extend the requirement for the Department of Finance to adjust the award amount of any county whose calculated allocation is less than $250,000, and for the rate adjustment based commensurate with any applicable growth in the Juvenile Justice Growth Special Account. The bill would require any applicable growth amounts to be allocated based on a schedule provided by the Department of Finance, as described, to the Controller consistent with the timelines for other 2011 Public Safety Realignment growth allocations. The bill would also revise the annual deadline for the Department of Finance to allocate the amount calculated from the General Fund and to provide a schedule to the Controller from July 1 to July 31. The bill would revise the deadline for the Controller to allocate the funds consistent with the schedule provided by the Department of Finance from August 1 to August 31. (5) 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) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 170: Courts.

(1) Existing law creates a board of law library trustees in every county, which governs the law library established for the county. Under existing law, a board of law library trustees is required to meet regularly every month on any appointed day, as specified. This bill would revise the monthly meeting requirement to instead require the board of law library trustees to meet quarterly. (2) Existing law authorizes, until January 1, 2026, a party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology. Existing law additionally authorizes, until January 1, 2026, the use of remote technology, as defined, for other types of proceedings, including, among others, proceedings regarding the involuntary treatment and conservatorship of gravely disabled persons under specified provisions, contempt proceedings, and competency proceedings. Existing law specifies certain circumstances in which remote technology cannot be used. Existing law generally allows, until January 1, 2025, upon a defendant's waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology. Commencing on January 1, 2025, existing law authorizes a court to permit the initial court appearance and arraignment of a defendant held in any state, county, or local facility, under specified circumstances, to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the defendant's physical presence. This bill would extend these provisions until January 1, 2027. Existing law authorizes, until January 1, 2025, a witness in a criminal proceeding to testify using remote technology, except for felony trials, with the written or oral consent of the parties on the record and the consent of the court. This bill would extend these provisions until January 1, 2027. The bill would also authorize a defendant to withdraw, at any time upon finding of good cause, a waiver to have a witness testify in person on the record. The bill would specify the general form that a written waiver of a witness's physical presence at a misdemeanor jury trial must follow. (3) Existing law requires each superior court to report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council to report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting remote proceedings, and all purchases and leases of technology or equipment to facilitate remote conferences, hearings, or proceedings. This bill would require each superior court to report additional specified information to the Judicial Council on or before October 1, 2025, and annually thereafter, and the Judicial Council to report to the Legislature on or before December 31, 2025, and annually thereafter. The bill would require, by October 1, 2025, and annually thereafter, the court executive officer of each superior court to certify to the Judicial Council, in a form and manner determined by the Judicial Council, that each courtroom of the superior court in which the court is conducting a remote proceeding meets the minimum standards for remote technology, as specified, and would require the Judicial Council to report that information to the Legislature. The bill would repeal these provisions as of January 1, 2027. (4) Existing law requires the Judicial Council to adopt a budget and allocate funding for trial courts. Existing law requires the Judicial Council to hold $10,000,000 in reserves in the Trial Court Trust Fund to be available to trial courts for emergencies. Existing law requires the Judicial Council to annually report to the Legislature regarding the use of those funds, as specified. This bill would decrease the required amount for the Judicial Council to hold in reserve to $5,000,000. The bill would also specify that the Judicial Council is not required to submit the annual report for a fiscal year pursuant to these provisions if there are no requests from trial courts, or allocations made by the Judicial Council, from the Trial Court Trust Fund in that fiscal year. (5) Existing law creates the California Habeas Corpus Resource Center and specifies the general powers and duties to include employing attorneys who may be appointed to represent any person convicted and sentenced to death, as specified. Existing law requires the Judicial Council and the Supreme Court to adopt competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings. This bill would additionally authorize, until July 1, 2029, attorneys for the California Habeas Corpus Resource Center to represent any person sentenced to life without the possibility of parole who is indigent and without counsel, as specified. (6) Existing law prohibits, until January 1, 2026, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record of a remote proceeding. This bill would extend these provisions until January 1, 2027. (7) Existing law allows a defendant in a misdemeanor case to appear by counsel, except as specified. Until January 1, 2025, existing law allows a court to conduct all proceedings, except jury and court trials, remotely through the use of remote technology if a defendant agrees. Existing law requires a defendant in a felony case to be physically present at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. Existing law, until January 1, 2025, requires a defendant to be physically or remotely present at all other proceedings, unless the defendant waives their right to be physically or remotely present with leave of the court and approval by the defendant's counsel. This bill would extend these provisions until July 1, 2030. The bill would also require the court to require any party, witness, or attorney who participates remotely in a criminal proceeding to conduct themselves as if they were appearing physically in the courtroom, and require any person speaking on the record to have their name displayed or to state their name. The bill would require, by April 1, 2025, the Judicial Council to adopt and courts to implement by July 1, 2025, minimum standards for courtroom technology necessary to permit remote participating in criminal proceedings, as specified. Existing law, until January 1, 2025, authorizes the court to allow a prosecuting attorney or defense counsel to participate in a criminal proceeding through the use of remote technology, requires a court to require a prosecuting attorney, defense counsel, defendant, or witness to appear in person at a proceeding under specified circumstances, including when the quality of the technology or audibility at a proceeding inhibits the court reporter's ability to accurately prepare a transcript of the proceeding, and requires a reporter to be physically present in the courtroom when the court conducts a remote proceeding that is reported. This bill would extend these provisions until July 1, 2030. The bill would also require a court to require a prosecuting attorney, defense counsel, defendant, or witnesses in a proceeding to be physically present if the quality of the technology or audibility inhibits the court reporter's ability to accurately certify a transcript of the proceeding. The bill would require, when the court conducts a remote proceeding reported by an official reporter or an official reporter pro tempore, for the reporter to be physically present in the same room as the judicial officer unless doing so would cause a significant delay that would prejudice the parties, in which case the reporter must be physically present in a court facility. The bill would require, if the reporter is not in the same room as the judicial officer, the reporter to be able to mute and unmute their own audio to allow for communication with the judicial officer. (8) Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law prohibits these provisions from limiting the right of a defendant to waive the right to be present. Existing law, until January 1, 2025, includes the defendant's right to waive the right to appear through the use of remote technology from being limited by these provisions. This bill would extend these provisions until January 1, 2027. The bill would extend the implementation of provisions that would commence on January 1, 2025, until January 1, 2027. (9) Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law provides the right of a minor subject to juvenile court hearings to be physically present for those hearings. Existing law authorizes the use of remote technology in juvenile justice proceedings, as defined, except in specified circumstances, until January 1, 2026. Existing law requires, beginning July 1, 2024, and until January 1, 2026, that when the court conducts proceedings that will be reported by an official reporter or an official reporter pro tempore, that the reporter be physically present in the same room as the judicial officer if the court cannot provide specified technology standards. This bill would extend these provisions until January 1, 2027. (10) This bill would appropriate $100,000 from the General Fund to the Judicial Council for distribution to the Equal Access Fund program. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 160: Medi-Cal managed care organization provider tax.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. Existing law imposes a managed care organization (MCO) provider tax, administered and assessed by the department, on licensed health care service plans and managed care plans contracted with the department. Under existing law, all revenues, less refunds, derived from the MCO provider tax are available to the department, upon appropriation, for the purpose of funding specified subcomponents to support the Medi-Cal program. Existing law sets forth certain taxing tiers and tax amounts, and sets the Medi-Cal per enrollee tax amount for Medi-Cal taxing tier II, as defined, at $205 for the 2024, 2025, and 2026 calendar years. This bill would raise the MCO provider tax amount for that tier to $274 for all 3 of those calendar years. The bill would also reappropriate specified funds from the Budget Act of 2023 related to the State Department of Health Care Services. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 173: Transportation budget trailer bill.

(1) Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate an Ebony Alert, with respect to Black youth who are reported missing, as specified. Existing law requires, as a condition for requesting an Ebony Alert, that the agency determine that the alert would be an effective tool in the investigation of missing Black youth, and lists factors that the agency may consider in making that determination. If the department concurs with the agency's determination, existing law authorizes the department to activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. This bill would expand and revise the determinations a law enforcement agency must make to request an Ebony Alert. In this regard, the bill would require determinations that, among other things, the investigating law enforcement agency has used all available local resources and there is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. If the department concurs with the agency's determination, the bill would make the department's activation of an Ebony Alert and assistance to the agency, as described above, required. The bill would require, on or before July 1, 2027, the department to create and submit a report to the Governor's office and the Legislature, as specified. (2) Existing law establishes the Transportation Agency, which has the power of general supervision over specified state entities, including the Department of Transportation and California Transportation Commission. Under existing law, the Transportation Agency is under the supervision of an executive officer known as the Secretary of Transportation. Existing law makes the department responsible for, among other things, the improvement and maintenance of the state highway system. Existing law requires the department to prepare and submit a proposed budget to the Governor that includes the portion to be funded from the State Highway Account. Existing law vests the commission with various powers and duties relative to the programming of transportation capital projects and the allocation of funds to those projects, pursuant to the state transportation improvement program and various other transportation funding programs. This bill would require the secretary to coordinate with the department and the commission to identify available funding in state transportation programs that may be used to support grade separation projects that were previously awarded funding under specified transportation programs but had that funding reverted pursuant to the Budget Act of 2024. The bill would require the Transportation Agency to prioritize, and would authorize the agency to directly allocate, the funding identified by that process, as available and appropriate, for those grade separation projects that are at risk of losing or failing to secure federal and local funding commitments, or that are at risk of approved project schedule delays, or both. The bill would require the secretary to report to the Legislature, on or before April 30, 2025, on any funding that the secretary identified for impacted grade separation projects. (3) Existing law requires the Transportation Agency, subject to specified appropriations by the Legislature, to develop and administer an accountability program to govern the distribution of funds to regional transportation planning agencies under the Zero-Emission Transit Capital Program and the component of the Transit and Intercity Rail Capital Program that is allocated pursuant to a specified formula. Existing law requires the Transportation Agency to adopt guidelines governing the distribution of these funding sources. Under the accountability program, existing law requires a regional transportation planning agency to submit a regional short-term financial plan to the Transportation Agency, except as specified, and transit operator data, in order to receive moneys from the funding sources governed by the accountability program during the 2023–24 and 2024–25 fiscal years, as provided. This bill would expand the requirements of the accountability program to the distribution of funds appropriated to the Transportation Agency in the Budget Act from the Greenhouse Gas Reduction Fund for purposes of the formula-based component of the Transit and Intercity Rail Capital Program. The bill would also require a regional transportation planning agency to submit an updated regional short-term financial plan and updated transit operator data to the Transportation Agency in order to receive moneys governed by the accountability program in the 2025–26 fiscal year, and to submit updated transit operator data to the Transportation Agency in order to receive moneys governed by the accountability program in the 2026–27 and 2027–28 fiscal years. The bill would authorize the Transportation Agency to modify the guidelines for the distribution of those funds for each of these 3 fiscal years by specified dates. (4) The State Air Resources Board, pursuant to its authority to regulate motor vehicle emissions and emissions of greenhouse gases, has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. Existing law, except as provided, beginning December 31, 2025, requires at least 15% of newly purchased vehicles with a gross vehicle weight rating of 19,000 pounds or more purchased by the Department of General Services and other state entities for the state vehicle fleet to be zero-emission vehicles. Existing law, except as provided, requires the Department of General Services, beginning no later than the 2024–25 fiscal year, to ensure that at least 50% of the light-duty vehicles purchased for the state vehicle fleet each fiscal year are zero-emission vehicles. This bill would require the Department of Transportation to annually compile and report information to the Legislature on or before October 1 of each year, beginning in 2025, regarding the zero-emission vehicles that the department purchases, owns, or leases. In each annual report, the bill would also require the department to conduct an analysis of the duty performance of the zero-emission vehicles that it acquires and to include information on its zero-emission vehicle charging and refueling stations, as specified. The bill would repeal these provisions on January 1, 2036. (5) Existing law generally authorizes the Director of General Services to hire, lease, lease-purchase, or lease with the option to purchase real property for the use of a state agency, but prohibits the director from entering into a lease-purchase agreement for office space without specific legislative authorization. This bill would authorize the Department of General Services, with the consent of the Department of Motor Vehicles, to enter into a lease-purchase agreement or lease with an option to purchase agreement for a build-to-suit office facility to replace the Department of Motor Vehicles field office in the City and County of San Francisco. The bill would authorize the project to be a mixed-use development that may include or integrate affordable housing. The bill would require the lease to be subject to approval by the Department of Finance, and subject to specified legislative notice requirements and the Property Acquisition Law. (6) Existing law creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law authorizes the High-Speed Rail Authority to enter into contracts with private or public entities for the design, construction, and operation of high-speed trains. Existing law creates the High-Speed Rail Authority Office of the Inspector General and prohibits the office from being a subdivision of any other governmental entity. Existing law authorizes the High-Speed Rail Authority Inspector General to initiate audits and reviews related to the delivery of the high-speed rail project and the selection and oversight of contractors, as provided. Existing law imposes other duties and responsibilities on the inspector general relating to the oversight of the High-Speed Rail Authority, including conducting audits and investigations relating to delivery of the high-speed rail project. Existing law prohibits the inspector general from investigating personnel issues regarding employees of the High-Speed Rail Authority. This bill would also impose on the inspector general the duty and responsibility to review or investigate adherence to contract provisions of any public or private entity that receives high-speed rail project funds. The bill would define "personnel issues" for purposes of the above-described prohibition. The bill would extend certain whistleblower protections applicable to employees of the High-Speed Rail Authority to employees of a contractor of the authority. The bill would require the High-Speed Rail Authority to ensure that specified provisions granting the inspector general access to records and property in connection with the inspector general's authorized duties are included in all contracts and contract amendments executed on or after July 1, 2024, in which high-speed rail project funds will be expended. The bill would also revise the circumstances under which the Department of Finance is required to notify the chairs of the budget committees of the Legislature regarding changes to the inspector general's proposed budget. (7) Existing law establishes the Reconnecting Communities: Highways to Boulevards Pilot Program under the administration of the Department of Transportation to provide funding, upon appropriation by the Legislature, for the purpose of awarding competitive grants to eligible entities, in partnership with the department, for planning or implementing the conversion or transformation of underutilized state highways into multimodal corridors that serve residents of underserved communities, as provided. Existing law requires the program to set aside 25% of available funding for planning and 75% for implementation. This bill would instead require up to 25% of available funding to be set aside for planning and the remainder for implementation. (8) Existing law, pursuant to a program commonly known as the Port and Freight Infrastructure Program, requires the Transportation Agency, upon an appropriation for its purposes, to develop and administer contracts, grants, or other funding mechanisms to invest in port-specific high-priority projects that increase goods movement capacity on rail and roadways serving ports and at port terminals, as provided. Existing law requires funding under the program to be allocated to public agencies that administer or operate eligible projects and authorizes those public agencies to partner with private operators of projects to implement eligible projects under the program, as specified. This bill would authorize a lead applicant agency under the program to apply to the Secretary of Transportation for a letter of no prejudice that would allow an applicant to expend its own moneys on a project or any component of a project in the approved program of projects, subject to future reimbursement from program moneys for eligible expenditures if certain conditions are met. The bill would make these provisions inoperative on June 30, 2033, and would repeal them as of January 1, 2034. (9) Existing law, pursuant to the Safe, Reliable, High-Speed Passenger Train Bond Act for the 21st Century, authorizes $9,950,000,000 in general obligation bonds for high-speed rail development and other related purposes. The bond act requires the net proceeds received from the sale of $9,000,000,000 principal amount of those bonds to be used, upon appropriation by the Legislature in the Budget Act, for planning and engineering for the high-speed train system and capital costs, as specified. The bond act also requires not more than 2.5% of those proceeds to be used for administrative purposes, and authorizes the Legislature, by statute, to increase the percentage of those proceeds used for administrative purposes up to a limit of not more than 5%. The bond act requires the amount of bond proceeds available for administrative purposes to be appropriated in the Budget Act. This bill would increase the percentage of those bond proceeds available for administrative purposes by 2.5%, thereby raising the limit to not more than 5%. (10) Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with funds for the program to be appropriated to the department, for allocation by the California Transportation Commission. Under the program, existing law requires available funds to be awarded to eligible projects by the commission and metropolitan planning agencies. This bill would appropriate $100,000,000 from the General Fund to the department to support the Active Transportation Program with the funds to be allocated by the commission, as specified. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 166: Housing.

(1) Existing law establishes the Interagency Council on Homelessness and requires the goals of the council to include, among other things, identifying mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires the council to administer certain grant programs to assist local governments in addressing homelessness. Existing law states the intent of the Legislature to transfer grant administration from the council to the Department of Housing and Community Development, as specified. This bill would set a deadline of July 1, 2024, for that transfer of responsibilities for specified programs, including the Homeless Housing, Assistance, and Prevention program and the Encampment Resolution Funding program, described below. The bill would update the above-described intent statement and make other conforming changes. (2) Existing law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 5 rounds, which are administered by the Interagency Council on Homelessness. This bill would establish round 6 of the program, and would require the Department of Housing and Community Development, no later than January 31, 2025, to make available an application for round 6 base program allocations, as specified. Among other things, the bill would require applicants to demonstrate how the region will use available resources to sustain all existing and proposed interim housing investments within the region, as specified. To be eligible for a round 6 base program allocation, the bill would require a jurisdiction that is not a tribe to apply as part of a region and must be signatory to a round 6 regionally coordinated homelessness action plan that has been approved by the department. The bill would require the department to approve a plan when it determines that the plan includes specified components, including certain performance measures for the region as well as age, racial, and ethnic disparities for specified information, and a system performance and improvement plan. This bill would require a round 6 grantee, or on before January 31, 2027, to submit to the department an updated regionally coordinated homelessness action plan that includes updates on the performance measures and corresponding key actions carried out, as applicable. The bill would require a round 6 recipient to contractually obligate not less than 75%, and to expend not less than 50%, of the initial round 6 program allocations made to it no later than June 30, 2027. The bill would require any remaining amounts of round 6 base program allocation funds not expended by June 30, 2029, to revert to, and be paid and deposited in, the General Fund. Existing law requires a program recipient to perform specified duties, including, by January 1 of the year following receipt of program funds and annually on January 1 thereafter until all funds have been expended, to submit a report to the council, as specified. This bill would instead require reports to be submitted to the department by April 1 of those years. Beginning with round 3, existing law requires a program applicant, in addition to other prescribed information, to provide specified information for all rounds of the program allocations through data collection, reporting, performance monitoring, and accountability framework, as established by the council. Existing law requires those program applicants to submit specified fiscal reports quarterly. With regard to round 3, existing law requires that jurisdictions that meet their outcome goals be eligible for bonus funding, as specified, and prohibits jurisdictions that do not meet their outcome goals from being eligible for bonus funding. This bill would make revisions to the data that applicants must provide. The bill would instead require the fiscal reports to be submitted monthly, and would revise the dates by which certain data and other reports must be submitted. The bill would remove the above-described requirement and prohibition regarding bonus-funding eligibility and instead provide that specified returned funds be reallocated to round 3 grantees, as provided. (3) Existing law establishes the Encampment Resolution Funding program to increase collaboration between specified entities to assist cities and counties in ensuring the safety and wellness of people experiencing homelessness in encampments, to provide encampment resolution grants to cities, counties, and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing, and to encourage a data-informed, coordinated approach to address encampment concerns, as specified. Existing law requires recipients of program funds to provide data elements to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System. This bill would require a recipient of program funding appropriated in fiscal years 2021–22, 2022–23, and 2023–24 to submit to the Department of Housing and Community Development a final report pursuant to the above-described reporting provision no later than April 1 of the year following the expiration of the encumbrance period of funds, and beginning April 1, 2025, an annual report, as provided. The bill would require a recipient of program funding appropriated in fiscal years 2024–25 and 2025–26 to submit to the department certain data elements, to provide an annual report beginning April 1, 2026, and to provide a final report no later than April 1 of the year following the expiration of the encumbrance period of funds. The bill would appropriate $150,000,000 from the General Fund to the department to provide grants to address encampments for persons experiencing homelessness, as specified. (4) Existing law requires the Department of Housing and Community Development to notify a city or county, and authorizes the department to notify the Attorney General for specified enforcement, that the city or county is in violation of state law if the department finds a violation of specified housing laws. This bill would include among those housing laws the Homeless Housing, Assistance, and Prevention program, the Encampment Resolution Funding program, and the Family Homelessness Challenge Grants and Technical Assistance Program. (5) Existing law establishes the Regional Early Action Planning Grants Program of 2021 for the purpose of providing regions with funding, including grants, for housing, planning, infrastructure investments supporting infill housing, and other actions that enable meeting housing goals that also result in per capita vehicle miles traveled reductions, as specified . Existing law requires the Department of Housing and Community Development to develop and administer the program, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, and to distribute funds, upon appropriation, in accordance with specified requirements. Existing law requires the department to set aside up to 5% of the total amount of moneys appropriated for purposes of the program for program administration, including state operations expenditures and technical assistance. Existing law also makes those funds available pursuant to a specified schedule based on specified percentages of those appropriated moneys to various entities including metropolitan planning organizations (MPOs) , councils of governments (COGs) , regional transportation planning agencies, cities, counties, transit agencies and districts, county transportation agencies, and tribal entities. This bill would revise that schedule to instead specify the dollar amounts that would be available to those entities for those purposes, including setting aside $20,000,000 to the department for program administration. (6) Existing law establishes the California Housing Finance Agency in the Business, Consumer Services, and Housing Agency and authorizes the agency to, among other things, make loans to finance affordable housing, as specified. Existing law establishes the California Dream for All Program, administered by the California Housing Finance Agency, to provide shared appreciation loans, as defined, to qualified first-time homebuyers. Existing law requires the agency to annually report to the Legislature details of program implementation, including the number of loans made and the characteristics of the borrowers, as specified. This bill would require the agency, in consultation with the staff of the Legislative Analyst's Office, the Senate Committees on Banking and Financial Institutions, Budget and Fiscal Review, and Housing, and the Assembly Committees on Banking and Finance, Budget, and Housing and Community Development, to, among other things, develop options for the next phase of the program, including an option to expand the program to enable participation by specified entities. The bill would require the agency, on or before January 31, 2026, to provide the Legislature with a report detailing its assessment, recommendations, and options. The bill would repeal these provisions on January 1, 2027. (7) Existing law, the Behavioral Health Infrastructure Bond Act of 2024 (bond act) , establishes the Behavioral Health Infrastructure Fund, requires specified proceeds of interim debt and bonds that are issued and sold pursuant to the bond act to be deposited in the fund, and continuously appropriates the fund for purposes of the bond act. Existing law requires the moneys in the fund to be used for certain purposes, including making loans or grants administered by the Department of Housing and Community Development to state, regional, and local public entities and development sponsors to acquire capital assets for the conversion, rehabilitation, or new construction of permanent supportive housing for persons who are homeless, chronically homeless, or are at risk of homelessness, and are living with a behavioral health challenge, are veterans, or are part of a veteran's household (behavioral health and veterans housing programs) . Existing law allocates moneys in the fund for those purposes, including for administrative costs related to the behavioral health and veterans housing programs. This bill would limit the use of bond proceeds for those administrative costs to 3% of all bond proceeds allocated for each of those behavioral health and veterans housing programs. 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. (8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 162: Developmental services.

(1) Existing law establishes within the California Health and Human Services Agency a State Department of Developmental Services (department) and sets forth its powers and duties, including, but not limited to, the administration and oversight of community programs providing services to consumers with developmental disabilities and their families. Existing law, the Lanterman Developmental Disabilities Services Act (act) , requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. This bill would require the Secretary of California Health and Human Services (secretary) , in coordination with the department, to lead the development and implementation of a master plan for developmental services for the state. The bill would require other state entities that interact with the department to be included in discussions with the master plan, as applicable. The bill also would require the secretary and the Director of Developmental Services to work with other state agencies, as necessary, to identify policies, efficiencies, and strategies necessary to implement the master plan, as specified. The bill would also require the secretary to submit to the Governor and the Legislature an initial report summarizing the recommended components of the master plan, as well as annual master plan implementation updates, as specified. The bill would clarify that any funding needed to support program enhancements proposed in the master plan would be subject to an appropriation by the Legislature for those purposes. (2) Existing law requires the department to submit, on or before March 1, 2019, a rate study to specified committees of the Legislature regarding community-based services for individuals with developmental disabilities. Existing law requires the department to implement rate increases between April 1, 2022, and July 1, 2024, to raise service providers' rates to the fully funded rate reflected in the rate models included in that rate study. Existing law requires the department, commencing January 1, 2023, through the end of the 2023–24 fiscal year, to adjust rates to equal 12 of the difference between rates in effect March 31, 2022, and the fully funded rate model for each provider. Existing law requires the department, commencing July 1, 2024, to implement the fully funded rate models, as specified. This bill would extend the above rate adjustment period from the end of the 2023–24 fiscal year through December 31, 2024, and would extend the date for implementation of the fully funded rate models to January 1, 2025. Existing law requires the department to implement a hold harmless policy, as specified, for providers whose rates exceed rate model recommendations, to freeze a provider's existing rates until June 30, 2026, and then to adjust the provider's rates to equal the rates for other providers in the provider's service category and region. Existing law requires the department, beginning July 1, 2024, to implement a similar hold harmless policy for providers whose rates in effect on January 1, 2023, exceed 90% of the rate model. This bill instead would begin implementation of the latter hold harmless policy on January 1, 2025. (3) The act requires the department to contract with regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law, until June 30, 2024, requires a meeting regarding the provision of services and supports by the regional center, including a meeting to develop or revise a consumer's individual program plan (IPP) , to be held by remote electronic communications if requested by the consumer or, if appropriate, if requested by the consumer's parents, legal guardian, conservator, or authorized representative. Under existing law, the California Early Intervention Services Act, direct services for eligible infants and toddlers and their families are provided by regional centers and local educational agencies. Existing law requires an eligible infant or toddler receiving services to have an individualized family service plan (IFSP) and requires that parents be fully informed of their rights, including the right to invite another person, including a family member or an advocate or peer parent, to accompany them to any or all IFSP meetings. Existing law, until June 30, 2024, requires, at the request of the parent or legal guardian, an IFSP meeting to be held by remote electronic communications. This bill would indefinitely extend the requirements that, if requested, IPP and IFSP meetings be held by remote electronic communications. By extending a requirement for local educational agencies, this bill would impose a state-mandated local program. The bill also would require a regional center that has not held an in-person meeting, or completed any other in-person meeting or visit in the previous 12 months for an IPP or 6 months for an IFSP, to hold an in-person meeting or other meeting, as prescribed. The bill would prohibit that in-person meeting requirement from impeding, delaying, or preventing the timely development or revision of an IFSP or IPP, or the timely authorization or receipt of services and supports. The bill would also require the in-person meeting requirement to remain in effect pending a review by the department, to be completed and provided to the Legislature by May 14, 2026, and in coordination with stakeholders, regarding implementation of these provisions, including whether and to what extent the in-person requirements are effective in assisting the infant or toddler in meeting the goals stated in the IFSP, among other specified information. The bill would also require the department to provide an update to the Legislature on the status of the review by no later than January 10, 2026. (4) Existing law requires the department to conduct fiscal audits of regional centers. This bill would authorize the department and regional centers to utilize probability sampling and statistical extrapolation when conducting fiscal audits of service providers under specified conditions. Existing law requires the department to establish, and regional centers to administer, an entry-level training and internship program for individuals interested in becoming direct support professionals, as specified. This bill would specify that the establishment and administration of that program is subject to an appropriation by the Legislature. (5) Existing law establishes the Family Cost Participation Program, which requires the department to develop and establish a Family Cost Participation Schedule consisting of a sliding scale for families with an annual gross income of not less than 400% of the federal poverty guideline, as specified, to be used by regional centers to assess the parents' cost participation for providing respite, daycare, and camping services to their children under 18 years of age who have developmental disabilities and who, among other eligibility criteria, are not eligible for Medi-Cal. Existing law also requires a regional center to assess an annual family program fee, as specified, from parents whose adjusted gross family income is at or above 400% of the federal poverty level and who have a child meeting prescribed requirements, including receiving specified services from a regional center. Existing law requires regional centers to suspend, until June 30, 2024, existing and new assessments and reassessments of the cost participation and existing and new assessments, reassessments, and collections of the annual family program fee. This bill would repeal those provisions relating to regional center fees and would make technical and conforming changes. (6) Existing law defines "developmental disability" as a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for the individual. Under existing law, "developmental disability" includes intellectual disability, cerebral palsy, epilepsy, and autism, among other conditions, as specified. Under existing law, if a child who is under 5 years of age is not otherwise eligible for regional center services under that definition, the child is provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations, as specified. Under this bill, a child who is under 5 years of age would be provisionally eligible for regional center services if the child has a disability that is not solely physical in nature and has significant functional limitations, as specified, without regard to whether the child is not otherwise eligible for regional center services under the definition of "developmental disability." Existing law requires the regional center, after an infant or toddler has been determined eligible for early intervention services, to determine if the child is also provisionally eligible for regional center services. This bill would instead authorize a regional center to concurrently assess an infant or toddler who has been determined eligible for early intervention services to determine whether the infant or toddler is provisionally eligible for regional center services. Existing law requires a regional center to assess an infant or toddler who has been determined eligible for early intervention services, at least 90 days before they turn 3 years of age, for purposes of determining their ongoing eligibility for regional center services. If the regional center determines that the child does not have a developmental disability, existing law requires the regional center to determine if the child is provisionally eligible for regional center services. This bill would instead require a regional center to assess a child who qualifies for early intervention services but has not been found to have a developmental disability or to be provisionally eligible, at least 90 days before they turn 3 years of age, for purposes of determining their eligibility for regional center services. (7) The act authorizes the department to implement the provision of social recreation services, camping services, and nonmedical therapies by means of written directives or similar instructions, including the provision of those services as participant-directed services. This bill would require regional centers to use certain principles when purchasing those services, including that consumers receive services and supports in settings that are typical of those in which persons without disabilities engage in social recreation, camping, or nonmedical therapies. The bill would prohibit regional center purchase-of-service policies and related procedures from imposing certain restrictions or conditions on those services. The bill would require, by October 1, 2024, regional centers to designate one or more employees to serve as a point of contact regarding access to those services and any related policies, procedures, or written directives, as specified. The bill would require, by January 1, 2025, regional centers to adopt procedures aimed at increasing the availability of vendors and expediting vendorizations accordingly. The bill would require, by March 1, 2025, regional center staff to complete training about those services, as specified. The bill would require the department, as part of its quarterly briefings to the Legislature, to provide certain information on the status of implementation of these provisions. The bill would make changes to related legislative findings. (8) 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. (9) The Budget Act of 2021 made appropriations for the support of state government for the 2021−22 fiscal year. This bill would reappropriate specified amounts from the Budget Act of 2021 to extend the period to liquidate encumbrances of those funds to June 30, 2025. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Senate Jul 1, 2024

SB 168: Public safety.

(1) Existing law, subject to an appropriation, requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2024, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Existing law, commencing July 1, 2024, requires the department to provide confirmation that automatic conviction record relief was granted upon request from the subject of the record. Under existing law, beginning July 1, 2024, conviction record relief is available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. This bill would specify that confirmation of automatic conviction relief be in the form of providing a copy of the subject's state summary criminal history information record, as specified. Existing law, authorizes an applicant who questions the accuracy or completeness of any material contained in a criminal record to submit a written request to the department and, upon the receipt of the request, requires the department to forward it to the person or agency that furnished the questioned information. Existing law, if the agency denies the allegations of inaccurateness or incompleteness in the record, requires the matter to be referred for administrative adjudication in accordance with specified provisions and, if a material inaccuracy or incompleteness is found, requires the department or agency in charge of the record to correct it and notify all persons and agencies to which it has disseminated the incorrect record of the correction, as specified. This bill would exempt allegations of inaccuracy or incompleteness based on automatic conviction record relief or arrest record relief from the above-described provisions. (2) Existing law requires a court, when entering a judgment of death, to immediately transmit, by mail or otherwise, a statement of the conviction and judgment and a complete transcript of all the testimony given at the trial, as specified, to the Governor. Existing law requires the superior court to enter an order pronouncing the sentence against the defendant and prepare a warrant, as specified, after a judgment imposing the death penalty is upheld by the appellate court and requires, within 5 days, a certified copy of the order, attached to the warrant signed by the judge, to be transmitted to the warden of the state prison with custody of the defendant and certified copies to be transmitted by registered mail to the Governor. This bill would require the court to electronically transmit to the Governor, in a mutually agreed upon format, the statement of the conviction and judgment, the certified copies of the order of judgment, and the warrant. The bill would eliminate the requirement that the court provide a complete transcript of the testimony given at trial and the copy of the clerk's transcript when a judgment of death is had. (3) Existing law authorizes a person convicted of specified misdemeanors or felonies to file a petition for a certificate of rehabilitation and pardon. Existing law requires the petitioner to give notice of the filing and the time of the hearing of the petition, at least 30 days before the date set for the hearing, to, among others, the district attorney of the county in which the petition is filed and to the office of the Governor. This bill would no longer require the petitioner to give notice to the office of the Governor. (4) Existing law grants the Department of Corrections and Rehabilitation authority to operate the state prison system and gives the department jurisdiction over various state prisons and institutions. This bill would delete obsolete references to closed prisons and make other conforming changes. (5) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into the State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law requires the Director of Finance, in consultation with certain entities, to annually calculate a statewide performance incentive payment and a county performance incentive payment, based upon specified performance metrics, for each eligible county, and to distribute those payments in the following fiscal year, as specified. Existing law, for the 2021–22, 2022–23 and 2023–24 fiscal years, instead appropriated $122,829,397 each fiscal year from the General Fund to the State Community Corrections Performance Incentives Fund, in lieu of the general funding provisions, to be allocated to counties as specified. This bill would appropriate $116,144,900 from the General Fund to the State Community Corrections Performance Incentives Fund, again in lieu of the general funding provisions, to be allocated to counties as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Jul 1, 2024

AB 2797: Telephone corporations: carriers of last resort: tariffs.

Existing law authorizes the Public Utilities Commission to supervise and regulate every public utility in the state, including telephone corporations, and to fix just and reasonable rates and charges for public utilities. Existing law requires the commission, on or before February 1, 1995, to issue an order initiating an investigation and open a proceeding to examine the current and future definitions of universal service in telecommunications. Pursuant to that provision, the commission issued a decision involving carriers of last resort, including the withdrawal process for carriers of last resort, defined as a carrier who provides local exchange service and stands ready to provide basic service to any customer requesting such service within a specified area. This bill would no longer require a telephone corporation seeking relief from carrier of last resort obligations to be a carrier of last resort or to have any carrier of last resort obligations if the telephone corporation submits a notice containing certain information to the commission and modifies and removes its commission tariffs. The bill requires telephone corporations to identify, as part of the notice, (1) a census block of the telephone corporation's service territory where there is no population or where the company has no basic exchange telephone service customers, or (2) a census block designated as urban where 2 or more different service providers offer alternative voice services, as defined, to customers, or both. The bill would also require the telephone corporation to acknowledge in the notice that it will not discontinue basic exchange telephone service until certain federal requirements are satisfied. The bill would require these telephone corporations to provide certain public benefits commitments, including, among things, by providing education to affected customers to explain the benefits and advantages of transitioning to modern networks and services. Under existing law, a violation of the Public Utilities Act is a crime. Because the provisions of this bill are within the act, a violation of these provisions would impose a state-mandated local program by creating a new crime. 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.
Tina McKinnor (D)
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