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 employment. Existing law creates a rebuttable presumption that specified injuries, such as meningitis, tuberculosis, or hernia, sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law creates a rebuttable presumption that skin cancer that develops or manifests in the course of employment of a lifeguard, as specified, arose out of and in the course of employment. Existing law authorizes a lifeguard to file a claim for skin cancer after employment has terminated for a specified period based on years of employment, not to exceed 60 months. This bill would expand presumptions for hernia, pneumonia, heart trouble, cancer, tuberculosis, bloodborne infectious disease, methicillin-resistant Staphylococcus aureus skin infection, and meningitis-related illnesses and injuries to a lifeguard employed on a year-round, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department. The bill would increase the period of time after termination of employment that a lifeguard employed on a year-round, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department can file a claim for skin cancer. The bill would expand the presumptions for illness or injury related to post-traumatic stress disorder or exposure to biochemical substances, as defined, to a lifeguard employed in the Boating Safety Unit by the City of San Diego Fire-Rescue Department. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego.
Existing law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. In March 2020, the California Department of Social Services established Project Roomkey to coordinate with local agencies and nonprofits to provide shelter options to homeless persons recovering from, or exposed to, COVID-19. This bill would require each city, county, or city and county to make every effort to ensure that individuals housed pursuant to Project Roomkey do not return to homelessness. The bill would require each city, county, or city and county to develop a plan to accomplish that result, and would specify the criteria the city, county, or city and county must consider in developing the plan. This bill would declare the intent of the Legislature to ensure that adequate and ongoing resources and supports are provided to local governments to ensure the success of homelessness prevention programs implemented at the local level, and to ensure adequate accountability metrics. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the locality's share of the regional housing need. Under existing law the Department of Housing and Community Development, in consultation with each council of governments, determines each region's existing and projected housing needs. Under existing law, upon making that determination, the council of governments may object to the determination, and the department is required to respond to an objection by making a final written determination. Existing law requires that, based on the determination of the department, a council of governments, or for cities and counties without a council of governments, the department, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. This bill would subject the department's final written determination of a region's housing needs to judicial review in an action brought by the council of governments. The bill would also subject the final regional housing need plan adopted by the council of governments or the department, as the case may be, to judicial review.
Existing law provides that it is a misdemeanor for the Franchise Tax Board or specified state employees to disclose or make known any information in a return, report, or document filed under income tax laws but authorizes the Franchise Tax Board to disclose this information to specified agencies for specified purposes. Existing law makes an unwarranted disclosure or use of the information by those agencies a misdemeanor. This bill would additionally authorize the Franchise Tax Board to disclose, upon request, anonymized, deidentified data from state returns or return information to a bona fide research body immediately concerned with conducting research relating to poverty, measuring poverty and its effects, and efforts to ameliorate poverty. The bill would authorize information disclosed pursuant to that provision to be used only for conducting and producing research studies relating to poverty, measuring poverty and its effects, and efforts to ameliorate poverty. The bill would prohibit that information from being used to identify any taxpayer and would provide that an unauthorized disclosure or use of the information disclosed pursuant to these provisions by a bona fide research body, or the employees and officers thereof, is a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , which includes the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , enacted by the voters at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial cannabis activity. MAUCRSA prohibits cannabis and cannabis products from being sold unless a representative sample has been tested by a licensed testing laboratory in the final form in which the cannabis or cannabis product will be consumed or used. This bill would specify that for this purpose "final form" means the unpackaged product as it will be consumed and would specify that the cannabis or cannabis product does not have to be delivered to the licensed testing laboratory in the final retail packaging to be considered in its final form.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or health insurance policy that provides coverage for outpatient prescription drugs to cover medically necessary prescription drugs and subjects those policies to certain limitations on cost sharing and the placement of drugs on formularies. Existing law limits the maximum amount an enrollee or insured may be required to pay at the point of sale for a covered prescription drug to the lesser of the applicable cost-sharing amount or the retail price, and requires that payment to apply to any applicable deductible. This bill would require a health care service plan or health insurer to furnish specified information about a prescription drug upon request by an enrollee or insured or their health care provider. The bill would require a health care service plan or health insurer to, among other things, respond in real time to a request for the above-described information. The bill would prohibit a health care service plan or health insurer from, among other things, restricting a health care provider from sharing the information furnished about the prescription drug or penalizing a provider for prescribing a lower cost drug. Because a willful violation of these provisions by a health care service plan would be a crime, 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 no reimbursement is required by this act for a specified reason.
(1) Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law makes a violation of a rule or regulation of the state board a misdemeanor. This bill would require the state board to regulate a mobile fueling on-demand tank vehicle, as defined, as a mobile source, and, contingent upon an appropriation by the Legislature for this purpose, to adopt regulations on or before a specified date to control emissions attributable to mobile fueling on-demand tank vehicles and to certify equipment for those vehicles, as provided. The bill would authorize the state board to allow the use of onboard refueling vapor recovery (ORVR) systems to achieve or maintain the standards and procedures adopted in those regulations for the control of gasoline vapors resulting from the motor vehicle fueling operations of a mobile fueling on-demand tank vehicle. As part of those regulations, the bill would require the state board, in consultation with air pollution control and air quality management districts, to adopt regulations to govern the motor vehicle fueling operations of a mobile fueling on-demand tank vehicle to ensure the protection of public health and safety and the environment. The bill would authorize a district to enter into a memorandum of understanding to enforce the regulations applicable to the motor vehicle fueling operations of a mobile fueling on-demand tank vehicle. Because a violation of those regulations would be a crime, the bill would impose a state-mandated local program. The bill would prohibit a person from operating, or allowing the operation of, a mobile fueling on-demand tank vehicle, unless it is equipped with a vapor recovery system that is certified by the state board, or that meets permeation and spillage performance standards determined by the state board, and is installed, operated, and maintained in compliance with the state board's requirements for certification. The bill would require the state board to assess a fee on mobile fueling on-demand tank vehicles to recover the reasonable costs of implementing these provisions, and would require the fee to be deposited in the Air Pollution Control Fund and to be available for expenditure upon appropriation by the Legislature. The bill would require that the fee be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. The bill would require the state board to transfer, upon appropriation by the Legislature, the amount of revenues generated by these fees necessary to reimburse a district for the costs of enforcing any regulation pursuant to a memorandum of understanding described above. (2) Existing law prohibits a person from installing or maintaining a stationary gasoline tank with a capacity of 250 gallons or more that is not equipped for loading through a permanent submerged fill pipe, unless the tank is a pressure tank, as specified, or is equipped with a vapor recovery system, as specified, or with a floating roof, as specified, or unless the tank is equipped with other apparatus of equal efficiency that has been approved by the air pollution control officer in whose district the tank is located. This bill would allow a person to install or maintain a mobile fueling on-demand tank vehicle, or a system on that vehicle, that is certified by the state board and meets certain requirements and that is not equipped for loading through a permanent submerged fill pipe, even if the tank is a pressure tank, as specified, or is not equipped with a vapor recovery system, as specified, or does not have a floating roof, as specified, or if the tank is not equipped with other apparatus of equal efficiency that has been approved by the air pollution control officer in whose district the tank is located. The bill would require that a mobile fueling on-demand tank vehicle be loaded exclusively through bottom loading equipment certified by the state board, unless the vehicle includes a vapor recovery system that is certified by the state board. (3) Existing law requires the state board to adopt performance standards to ensure that systems for the control of gasoline vapors resulting from motor vehicle fueling operations do not cause excessive gasoline liquid spillage when used in a proper manner. Existing law requires the state board to adopt test procedures to determine the compliance with vapor emission standards of vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline, as provided. Existing law prohibits an air district from adopting test procedures for, or requiring certification of, cargo tank vapor recovery systems and from imposing fees on, or requiring a permit of, tank vehicles with vapor recovery systems, but provides that an air district is not prohibited from inspecting and testing cargo tank vapor recovery systems on tank vehicles for specified purposes. This bill would provide that an air district is additionally not prohibited from inspecting and testing emissions control systems on mobile fueling on-demand tank vehicles for those same purposes. (4) 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 establishes within the Transportation Agency the California Transportation Commission. Existing law requires the commission to appoint an executive director for the commission who serves at the pleasure of the commission. This bill would instead require the executive director of the commission to be appointed by the Governor, subject to confirmation by the Senate, and subject to removal at the discretion of the Governor.
Existing law establishes various boards, as defined, within the Department of Consumer Affairs for the licensure and regulation of various professions and vocations. Existing law requires a member of certain boards to receive a per diem of $100 for each day actually spent in the discharge of official duties and to be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. Existing law requires payment to be made only from the fund from which the expenses of the board are paid and subject to availability of money in the fund. Existing law conditions receipt of these moneys on authorization in specified provisions, some of which authorize these expenditures from a continuously appropriated fund. This bill would recast those provisions to, instead, base the per diem of $100 on each day that the member discharged official duties, and would require the board to define "day that the member discharged official duties" as either the "accumulation of 8 hours spent in the discharge of official duties" or as a "day on which the member performed an official duty." By expanding the authorization for the use of moneys in a continuously appropriated fund, the bill would make an appropriation. The bill would also make nonsubstantive, clarifying changes.
Existing law requires the Strategic Growth Council, until October 1, 2029, to establish and administer a regional climate collaborative program to assist underresourced communities, as defined, in a region to access statewide public and other grant moneys, as specified, for climate change mitigation and adaptation projects. This bill would require the council, by January 1, 2023, to establish up to 12 regional climate change authorities to coordinate climate adaptation and mitigation activities in their regions and coordinate with other regional climate adaptation authorities, state agencies, and other relevant stakeholders. The bill would authorize the regional climate change authorities to engage in certain activities to address climate change. The bill would require the regional climate change authorities to annually submit to the council a report on their activities.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are English learners, foster youth, or eligible for free or reduced-price meals, as specified, served by the county superintendent of schools, school district, or charter school. Existing law requires the State Board of Education to adopt regulations that govern the expenditure of funds apportioned pursuant to the supplemental and concentration grant add-ons. This bill would require the State Department of Education to develop, on or before January 1, 2022, a tracking mechanism for school districts, county offices of education, and charter schools to use to report the types of services on which they spend their supplemental and concentration grant funds. The bill would require each local educational agency, commencing July 1, 2022, to annually report to the department the types of services on which it spends its supplemental and concentration grant funds using the tracking mechanism developed by the department. By imposing additional duties on local educational agencies, 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 law, the Housing Authorities Law, authorizes the establishment of a functioning housing authority within a city or county by enactment of a resolution by the city or county declaring that there is need of a functioning housing authority in the city or county. Existing law authorizes a housing authority of a city or county to, among other things, prepare, carry out, acquire, lease, and operate housing projects and housing developments for persons of low income, as provided. This bill, the Social Housing Act of 2021, would establish, in the Business, Consumer Services, and Housing Agency, the California Social Housing Council to develop policy proposals that would promote the development of social housing, as defined, to hold public meetings throughout the state to educate participants on the history and purposes of social housing, and to solicit input on the policy proposals from stakeholders. The bill would require the council to report to the Legislature by January 1, 2024, on the council's recommended policy proposals and all input received. The bill would make related findings and declarations.
