Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body, as specified. This bill would require, on or before January 1, 2027, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.
(1) Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect and generally provides for the placement of dependent children in various foster care placement settings. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires the county social worker to file a supplemental report as part of that review. This bill would additionally require the court, in conducting the periodic status review for a child or nonminor dependent who is not residing with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members, or an Indian custodian, to determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, to locate any relatives, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child and the names of those relatives, extended family members, or nonrelative extended family members. The bill would also require the supplemental report for a child or nonminor dependent who does not reside with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members, or an Indian custodian to additionally include the efforts, and in the case of an Indian child, the active efforts, and findings that the social worker has made to locate any relative, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives, extended family members, or nonrelative extended family members. By imposing additional duties on county officials, the bill would impose a state-mandated local program. (2) Existing law requires the court to place a foster child in the home of a relative, if possible, unless the placement would not be in the best interest of the child. Existing law requires the court to take into consideration other specified factors in making a determination of the placement of a foster child. This bill would make a nonsubstantive change to correct an erroneous cross reference in that provision. (3) 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.
The Cyberbullying Protection Act requires a social media platform to disclose all cyberbullying reporting procedures in the social media platform's terms of service and to establish a mechanism within its internet-based service that allows an individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service. Existing law requires the reporting mechanism to allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service. This bill would, beginning January 1, 2026, require a social media platform to disclose all social media-related threat reporting procedures for certain verified reporters in the social media platform's terms of service. The bill would define "social media-related threat" to mean content posted on a social media platform that promotes, incites, facilitates, or perpetrates any of certain things, including cyberbullying, suicide, and drug trafficking. This bill would require a large social media platform, as defined, to, among other things, create a process to verify certain individuals as verified reporters, including a school principal, as specified. The bill would require, in addition to any other reporting mechanism required by state law, a large social media platform to create a process by which a verified reporter can make a report of a social media-related threat or a violation of the large social media platform's terms of service that in the verified reporter's opinion poses a risk or a severe risk to the health and safety of a minor. The bill would require a large social media platform that receives a report from a verified reporter to, on a publicly accessible internet website, report annually on, among other things, the total number of reports from a verified reporter received for the calendar year.
Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. This bill would prohibit the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, or a tobacco product, solely for that disclosure. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason, as specified. This bill would prohibit the suspension of a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses, in order to seek help through services or supports, the pupil's use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind, solely for that disclosure.
Existing law requires a certified farmers' market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioner's office in the county in which the producer's land or facility is located before selling at a certified farmers' market. Existing law requires the county agricultural commissioner to issue to the producer a certified producer's certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment. This bill would require an operator of a certified mobile farmers' market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers' market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producer's certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license. This bill would require the operator of a certified mobile farmers' market who is selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. This bill would require a certified mobile farmers' market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers' market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. This bill would require a certified mobile farmers' market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers' market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program. Existing federal law, the WIC Farmers' Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers' markets, expand the awareness and use of certified farmers' markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program. This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers' markets to participate in the WIC Farmers' Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers' markets to participate in the program, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, provides for enforcement of that prohibition by the Attorney General. Existing law prohibits a tobacco retailer, as defined, from offering for sale any flavored tobacco product or tobacco product flavor enhancer, as specified. This bill would require the Attorney General to, by no later than December 31, 2025, establish and maintain on the Attorney General's internet website a list of tobacco product brand styles that lack a characterizing flavor, as defined. This bill would require each manufacturer or importer of tobacco products to submit to the Attorney General a list of all brand styles, as defined, of tobacco products that they manufacture or import for sale or distribution in or into California. The bill would require a manufacturer or importer that submits a product pursuant to these provisions to, under penalty of perjury, describe each brand style, brand, and product category, as specified, describe, for each brand style, if a formal authorization, approval, or order from the United States Food and Drug Administration has been sought and its status, if applicable, and certify that each brand style lacks a characterizing flavor. By expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would require a fee for each submission and renewal of a brand style for the costs incurred by the Attorney General for processing the submissions, and operating the list, as specified. The bill would create the California Unflavored Tobacco List Fund for the collection of these fees, and would continuously appropriate these fees to the Attorney General for the purposes above, thereby making an appropriation. The bill would require the Attorney General to determine whether each brand style has a characterizing flavor, as specified. The bill would require any manufacturer or importer that submits a brand style in this way to, among other things, consent to the jurisdiction of the California courts for the purpose of enforcing these provisions and to appoint an agent for service of process, as specified. The bill would authorize the Attorney General to seek injunctive relief and a civil penalty up to $50,000 against any manufacturer or importer who falsely certifies that brand style determined to have a characteristic flavor, lacks a characteristic flavor. This bill would refine the definitions of characteristic flavor and tobacco product for purposes of the prohibition and these provisions. This bill would prohibit a distributor or wholesaler from selling any tobacco product not listed on the Unflavored Tobacco List or any tobacco product flavor enhancer to any person, as specified, for sale in the state and would prohibit a delivery seller from selling a tobacco product not listed on the Unflavored Tobacco List or a tobacco product flavor enhancer to a consumer in California. The bill would authorize the Attorney General to assess civil penalties, as specified, for violations of these prohibitions. This bill would authorize the Attorney General to recover reasonable attorney's fees, investigative costs, and other related costs, against a nonprevailing party in a civil action brought pursuant to these provisions. The bill would require moneys recovered by the Attorney General in an action pursuant to these provisions to be deposited in the Public Rights Law Enforcement Special Fund, as specified. This bill would also ban the retail sale of any tobacco product not on the Unflavored Tobacco List, as specified. The bill would authorize the California Tax and Fee Administration or a law enforcement agency that discovers that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers to seize those products, as specified. Under the bill, seized products would be delivered to the department within 30 days and deemed forfeited to the state. The bill would require the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. If a wholesaler possesses, stores, or owns, or has made a sale of, a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer, the bill would authorize the department to seize the tobacco product or tobacco product flavor enhancer and would require the department to impose a civil penalty if the property is seized, as specified. If a distributor or other person has made a sale of a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer, or a wholesaler has made a sale of a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer and the department or a local law enforcement agency has not seized the product, the bill would require the department to issue a warning for a first offense, suspend their license for a second offense, and revoke their license for a third offense. Existing law, the Cigarette and Tobacco Products Tax Law, generally prohibits the retail sale of cigarettes in California unless the sale is a vendor-assisted, face-to-face sale. Existing law authorizes the delivery sale of cigarettes or tobacco products if specified conditions are met. This bill would refine the definition of cigarette for the purpose of these provisions, and would expand that prohibition to include the sale of tobacco products. The bill would require a delivery seller of cigarettes or tobacco products to comply with any applicable state law or local ordinance that imposes restrictions on the retail sale of cigarettes or tobacco products directly to the public from a retail location as if the delivery sale occurred entirely within the state and place. 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. This bill would incorporate additional changes to Section 104559.5 of the Health and Safety Code proposed by SB 1230 to be operative only if this bill and SB 1230 are enacted and this bill is enacted last. 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.
(1) Existing law requires the Department of Fish and Wildlife to establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of offenses relating to unlawful water diversions and other violations of the Fish and Game Code associated with cannabis cultivation. Existing law also requires the department, in coordination with specified state agencies, to establish a permanent multiagency task force to address the environmental impacts of cannabis cultivation. This bill would require the department to conduct a study to create a framework for cannabis site restoration projects with the goal of providing guidance for the cleanup, remediation, and restoration of environmental damage caused by cannabis cultivation, and to complete the study by January 1, 2027, as specified. The bill would authorize the department to enter into an agreement with a nongovernmental organization or educational institution for that entity to conduct the study. The bill would require the department, on or before January 1, 2027, and until January 1, 2036, to submit an annual report to the Legislature on illicit cannabis cultivation and on the status of efforts to repair habitat degradation and other environmental damage in watersheds affected by cannabis cultivation on both public and private lands, as specified. (2) Existing law imposes various civil penalties for violations of specified environmental laws in connection with the production or cultivation of a controlled substance, as specified. Existing law defines controlled substance for this purpose to mean a drug, substance, or immediate precursor listed in any of the schedules established pursuant to the California Uniform Controlled Substances Act. Existing law requires 40% of civil penalties imposed or collected by a court, and 50% of administrative penalties imposed or collected by the department, for violations of these provisions to be deposited into the Timber Regulation and Forest Restoration Fund and used for grants for certain environmental purposes, as specified. Existing law also requires 50% of administrative penalties imposed or collected by the department for violations of these provisions to be deposited in the Fish and Game Preservation Fund. This bill, with regard to the above-described civil penalties, would replace the term "controlled substance" with the term "cannabis or cannabis products." The bill would eliminate those apportionments to the Timber Regulation and Forest Restoration Fund and the Fish and Game Preservation Fund and would instead direct those apportionments to the Cannabis-Impacted Lands Restoration Fund, which the bill would create. The bill would continuously appropriate moneys in that fund to the department for the remediation and restoration of lands impacted by cannabis cultivation on public or private lands, thereby creating an appropriation. The bill would also eliminate requirements that moneys from these penalties be deposited into the Timber Regulation and Forest Restoration Fund under certain circumstances for the repayment of a loan authorized from that fund to the department. (3) Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. This bill would exclude plant waste and cannabis waste solely exhibiting the hazardous waste characteristic of toxicity pursuant to a specified regulation from classification as a hazardous waste. (4) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, as additionally amended by statute, establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make disbursements from the fund pursuant to a specified schedule, including, among others, amounts to the Environmental Restoration and Protection Account. Of the amount deposited into the Environmental Restoration and Protection Account for disbursement by the Controller, AUMA requires the Secretary of the Natural Resources Agency to allocate those funds to the Department of Fish and Wildlife and the Department of Parks and Recreation for certain activities selected by the secretary including, among others, the cleanup, remediation, and restoration of environmental damage in watersheds affected by cannabis cultivation and related activities, as specified, and to support local partnerships for this purpose. This bill would direct the Department of Fish and Wildlife to use moneys made available from that account for those specified purposes to fund the above-described study and annual reports, as specified. (5) AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA.
(1) Existing law establishes the English Language Learner Acquisition and Development Pilot Program, under the administration of the State Department of Education, as a 3-year competitive grant pilot project of 25,000 or more English language learners to be conducted during the 2007–08 to 2009–10, inclusive, school years. Under the program, grants are made to local educational agencies, as defined, to identify existing best practices regarding topics including, but not limited to, curriculum, instruction, and staff development for teaching English language learners and promoting English language acquisition and development. The program requires the Superintendent of Public Instruction to establish a 13-to-20 member advisory committee, with specified responsibilities. This bill would repeal the statutes that establish the program. (2) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to issue only teaching and service credentials, with specified authorizations. Existing law provides authorization to the holder of a multiple subject or single subject teaching credential who has completed certain coursework at an institution of higher education in another commonly taught subject than the one for which they are currently certificated for, to teach that subject, as provided. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, verification of subject matter competence that is demonstrated through any one of a list of specified methods. This bill would also provide authorization to the holder of a multiple or single subject teaching credential who has met subject matter competence, demonstrated through one of those methods referenced above, in another commonly taught subject than the one for which they are currently credentialed for, without taking the above-described coursework, to teach that subject, as provided. (3) Existing law requires the commission to issue a preliminary multiple subject, single subject, or education specialist teaching credential to an out-of-state teacher who satisfies specified requirements, including having earned a valid corresponding elementary, secondary, or special education authorization based upon the out-of-state teacher preparation program. If an out-of-state teaching credential authorizes the credentialholder to teach a commonly taught subject, in addition to the credentialholder having earned a valid corresponding teaching authorization based upon the out-of-state teacher preparation program, this bill would require the commission to issue a preliminary multiple subject or single subject teaching credential along with an authorization to teach that commonly taught subject, as provided. (4) Existing law requires the commission to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all noncertificated candidates seeking an Activity Supervisor Clearance to assume a paid or volunteer position in a pupil activity program, for the purposes of obtaining information on the existence and content of a record of state or federal convictions and arrests, as provided. This bill would require the commission to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of specified commission-related individuals, including employees, prospective employees, and contractors, as provided. The bill would require the Department of Justice to provide a state- or federal-level response to the commission, as provided. (5) Existing law requires local educational agencies to exempt a newcomer pupil, as defined, and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency's graduation requirements in time to graduate from high school by the end of the pupil's 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to newcomer pupils, including, among other things, pupil consultation and notice requirements. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a newcomer pupil while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided. This bill would require local educational agencies to comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for pupils participating in a newcomer program, as defined, who were enrolled before January 1, 2024, and would authorize local educational agencies to extend these provisions to other pupils participating in a newcomer program, as specified. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program. (6) 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. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Superintendent of Public Instruction to establish procedures within the State Department of Education to, among other things, annually identify the critical needs for which effective educational programs and practices are to be identified, developed, and disseminated to public schools. This bill would require the Superintendent to convene a working group, composed as provided, for specific purposes related to artificial intelligence in public schools, as specified. The bill would require, among other things, the working group to develop, on or before January 1, 2026, guidance for school districts, county offices of education, and charter schools on the safe use of artificial intelligence in education, and to, on or before July 1, 2026, develop a model policy for those local educational agencies regarding the safe and effective use of artificial intelligence in ways that benefit, and do not negatively impact, pupils and educators, as provided. The bill would require the working group to, on or before January 1, 2027, report its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, as provided. The bill would dissolve the working group upon submission of that report, and would repeal these provisions as of January 1, 2031.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of the employee's employment. Existing law governs temporary and permanent disability indemnity payments. Existing law, until January 1, 2025, allows an employer to commence a program under which disability indemnity payments are deposited in a prepaid card account for employees. This bill would extend the authorization to deposit indemnity payments in a prepaid card account until January 1, 2027.
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires, beginning not later than the first individualized education program to be in effect when a pupil is 16 years of age, or younger if determined appropriate by the individualized education program team, and updated annually thereafter, the individualized education program to include appropriate measurable postsecondary goals and transition services, as defined, needed to assist the pupil in reaching those goals. This bill would instead require an individualized education program, commencing July 1, 2025, to include measurable postsecondary goals and transition services, if determined appropriate by a pupil's individualized education program team, beginning when an individual with exceptional needs is starting their high school experience and not later than the first individualized education program to be in effect when the pupil is 16 years of age, as provided. By imposing additional requirements on local educational agencies in relation to individualized education programs, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. PPACA authorizes a state to apply to the United States Department of Health and Human Services for a state innovation waiver of any or all PPACA requirements, if certain criteria are met, including that the state has enacted a law that provides for state actions under a waiver. Existing state law creates the California Health Benefit Exchange (Exchange) , also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Existing law requires the Exchange, upon appropriation by the Legislature, to administer a program of financial assistance beginning July 1, 2023, to help Californians obtain and maintain health benefits through the Exchange if they lose employer-provided health care coverage as a result of a labor dispute, as specified. Under existing law, if specified eligibility requirements are met, an individual who has lost minimum essential coverage from an employer or joint labor management trust fund as a result of a strike, lockout, or other labor dispute receives the same premium assistance and cost-sharing reductions as an individual with a household income of 138.1% of the federal poverty level, and is also not required to pay a deductible for any covered benefit if the standard benefit design for a household income of 138.1% of the federal poverty level has zero deductibles. Existing law excludes from gross income any subsidy amount received pursuant to that program of financial assistance. This bill would revise various provisions of the financial assistance program, including deleting the exclusion of financial assistance received under the program from gross income, and specifying the criteria required for an individual to be qualified to receive coverage under the program. The bill would specify that an individual would no longer be eligible for financial assistance under the program when the Exchange verifies that employer-provided minimum essential coverage from the employer has been reinstated for the individual and dependents, as specified. The bill would require an employer or labor organization to notify the Exchange before employer-provided coverage is affected by a strike, lockout, or labor dispute, and would authorize the Exchange to contact the employer, labor organization, or other appropriate representative to determine information necessary to determine eligibility for the financial assistance program, as prescribed.
