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, including emergency medical transportation services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes a Medi-Cal provider of ground emergency medical transportation services that is owned or operated by specified entities, including a fire protection district or a federally recognized Indian tribe, to receive supplemental Medi-Cal reimbursement in addition to the rate of payment the eligible provider would otherwise receive for those services. Existing law requires the department to develop a modified supplemental reimbursement program that would seek to increase the reimbursement to those eligible providers, and requires the nonfederal share of any supplemental reimbursement provided under the modified program to be derived from voluntary intergovernmental transfers of local funds. Existing law requires the department to implement, no sooner than July 1, 2021, the Public Provider Intergovernmental Transfer Program (program) , for the duration of any Medi-Cal managed care rating period, and authorizes the department to continue conducting any administrative duties related to the above-specified supplemental Medi-Cal reimbursement. Existing law requires an eligible provider, defined, in part, as a provider of emergency medical transport, to receive an add-on increase to the associated Medi-Cal fee-for-service payment schedule, and requires the department to develop the add-on increase pursuant to specified standards, including an eligible provider's average cost directly associated with providing a Medi-Cal emergency medical transport under the Medi-Cal program. Existing law, the Medi-Cal Emergency Medical Transportation Reimbursement Act, imposes a quality assurance fee for each emergency medical transport provided by an emergency medical transport provider subject to the fee in accordance with a prescribed methodology. Existing law exempts an eligible provider from the quality assurance fee and add-on increase for the duration of any Medi-Cal managed care rating during which the program is implemented. Existing law requires each applicable Medi-Cal managed care health plan to satisfy a specified obligation for emergency medical transports and to provide payment to noncontract emergency medical transport providers, and provides that this provision does not apply to an eligible provider who provides noncontract emergency medical transports to an enrollee of a Medi-Cal managed care plan during any Medi-Cal managed care rating period that the program is implemented. The bill would provide that during the entirety of any Medi-Cal managed care rating period for which the program is implemented an eligible provider shall not be an emergency medical transport provider, as defined, who is subject to a quality assurance fee or eligible for the add-on increase, and would provide that the program's provisions do not affect the application of the specified add-on to any payment to a nonpublic emergency medical transport provider. The bill would redefine "emergency medical transport provider" to mean any provider of emergency medical transports, except during the entirety of any Medi-Cal managed care rating period for which the program is implemented, in whole or in part, that excludes any public provider of emergency medical transports, including any provider who meets prescribed requirements. With respect to the quality assurance fee, commencing in the 2022–23 state fiscal year, and for each state fiscal year thereafter, the bill would require the Director of Health Care Services to comply with specified requirements, including calculating the annual quality assurance fee applicable to a specified program period at least 150 days before the start of the state fiscal year, and would make conforming changes. The bill would delete the above-specified limitation on the provision relating to Medi-Cal managed care health plans and their obligation to provide emergency medical transports and payment to noncontract providers.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. The STAKE Act requires a person engaged in the retail sale of tobacco products to check the identification of a tobacco purchaser to establish the purchaser's age if the purchaser reasonably appears to be under 21 years of age. Among other provisions, the act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through various enforcement activities. The act also authorizes enforcing agencies, as defined, to assess specified civil penalties for the furnishing of tobacco products to a person under 21 years of age, but makes these penalties inapplicable if the person being furnished the product is active duty military personnel who is 18 years of age or older. This bill would expressly authorize a city, county, or city and county to adopt an ordinance prohibiting a person under 21 years of age from possessing any tobacco cigarette or other tobacco product. The penalty under the ordinance would be the issuance of an administrative citation requiring the person to participate in an antismoking educational program. The bill would additionally authorize the ordinance to require the confiscation of a tobacco product from a person under 18 years of age, as specified. The bill's prohibitions would not apply with respect to active duty military personnel who are 18 years of age or older.
Existing law requires a seller of a single-family residence to make specified written disclosures to a prospective buyer. Existing law requires those disclosures to be delivered to the prospective buyer, in the case of a sale, as soon as practicable before transfer of title, or in the case of sale by a real property sales contract or by a lease together with an option to purchase, as soon as practicable before execution of the contract. Existing law, if any disclosure or material amendment of any disclosure is delivered after the execution of an offer to purchase, permits the prospective buyer to terminate the offer within 3 days after delivery of the disclosure or material amendment in person, or 5 days after delivery of the disclosure or material amendment by deposit in the mail or by electronic record. This bill would extend the timeframe for a prospective buyer to terminate an offer to 5 days after the delivery of the disclosure or material amendment in person, or 7 days after the delivery of the disclosure or material amendment by deposit in the mail or by electronic record.
Existing law requires the Department of Motor Vehicles to issue a driver's license to an applicant when the department determines that the applicant is lawfully entitled to a license. Existing law allows an in-person applicant for a driver's license or identification card to request the word "VETERAN" be printed on the face of the driver's license or identification card, subject to certain requirements, including, among others, verification of veteran status, as specified, and payment of a $5 fee, which the department is authorized to increase by regulation in an amount not to exceed $15, as specified. Existing law prohibits a fee from being charged for that request if made by (1) a person who has been determined to have a current income level that meets the eligibility requirements for specified assistance programs, or (2) a person who can verify their status as a homeless person, in accordance with specified provisions. This bill would direct the department to discontinue the fee for printing the word "VETERAN" on the face of a driver's licence or identification card by July 1, 2022, and would repeal that fee provision on January 1, 2023. The bill would also make technical and conforming changes.
The County Transportation Commissions Act provides for the creation of county transportation commissions in the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura, with various powers and duties relative to transportation planning and funding, as specified. Existing law requires the county transportation commissions for the Counties of Los Angeles, Orange, Riverside, and San Bernardino, upon the adoption of a resolution by each of those commissions, to jointly develop, in consultation with certain governmental agencies, a program for regional transit services, as defined, within the multicounty region. This bill would require the county transportation commissions in the Counties of Los Angeles and San Bernardino to jointly develop, in consultation with certain governmental agencies, a funding and implementation program for regional transit services to include service to international airports within the multicounty region, as provided. The bill would require the initial regional transit services draft program under these provisions to be completed on or before December 1, 2022. The bill would require the county transportation commissions in the Counties of Los Angeles and San Bernardino to hold a joint public hearing in each county in their jurisdiction on the draft program no earlier than 30 days after the draft has been completed. Following the public hearings, the bill would require the county transportation commissions in the Counties of Los Angeles and San Bernardino to adopt the regional transit services program. By imposing additional duties on county transportation commissions, 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, to protect public health and water quality, regulates a broad range of consumer products and processes, including water softeners, water treatment devices, and backflow prevention devices, among others. This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires an electrical or gas corporation to develop a program, within the electrical or gas corporation's demand-side management programs authorized by the commission, to provide incentives to a residential or small or medium business customer to acquire energy management technology for use in the customer's home or place of business. This bill would require the commission to monitor the incentive program to ensure that savings generated by the program are equitable and ethical. The bill would also require the commission to annually provide a report to the Legislature with findings and recommendations for this program, including findings and recommendations to ensure that savings generated by the program are equitable and ethical.
Existing law establishes the California Kids Investment and Development Savings Program, which is administered by the Scholarshare Investment Board, for the purpose of expanding access to higher education through savings. Existing law establishes the California Kids Investment and Development Savings Program Fund, the moneys in which are continuously appropriated to the board for the program. Existing law requires implementation of the program before January 1, 2021, subject to the availability of funding. This bill would require a financial institution that does business in California to pay a fee in the amount of 1% of the amount of each educational loan made to a private person for purposes of financing study in California. The bill would specify that the fee does not apply to subsidized loans made through educational institutions. The bill would require that the fees be remitted to the State Treasury for deposit into the California Kids Investment and Development Savings Program Fund. By providing for additional moneys to be deposited into a continuously appropriated fund, this bill would make an appropriation. 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.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2022, and before January 1, 2023, to a taxpayer that is a business with a physical location in the state in an amount equal to the costs paid or incurred by the qualified taxpayer during the taxable year for the purchase of cleaning and sanitizing supplies used at business locations in the state to prevent the transmission of the novel coronavirus (COVID-19) . 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.
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 requires a health care service plan to reimburse complete claims, or portions thereof, within specified timeframes. Existing law establishes the process and for a health care service plan to contest or deny a claim for reimbursement. Existing law requires every insurer issuing group or individual policies of health insurance that cover hospital, medical, or surgical expenses to reimburse claims within specified timeframes and establishes the process for an insurer to contest or deny a claim for reimbursement. This bill would require health service plans and insurers to obtain an independent board-certified emergency physician review of the medical decisionmaking related to a service before denying benefits, reimbursing for a lesser procedure, reducing reimbursement based on the absence of a medical emergency, or making a determination that medical necessity was not present for claims billed by a licensed physician and surgeon for emergency medical services, as specified. Because a willful violation of the bill's requirements relative to health care service plans 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.
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities, as defined, are under the direction of their governing boards. Existing law establishes as policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. Existing law requires the PUC, the State Energy Resources Conservation and Development Commission (Energy Commission) , and the State Air Resources Board (state board) to, in consultation with all California balancing authorities, issue a joint report to the Legislature by January 1, 2021, and at least every 4 years thereafter, that includes specified matters. This bill would require the PUC, Energy Commission, and state board, in consultation with all balancing authorities, to additionally develop a strategy, by January 1, 2024, that achieves (1) a target of 5 gigawatthours of operational long-term backup electricity, as specified, by December 31, 2030, and (2) a target of at least an additional 5 gigawatthours of operational long-term backup electricity in each subsequent year through 2045. The bill would require the commission, by January 1, 2024, to submit the strategy developed in a report to the Legislature, and by January 1 of each 4th year thereafter, through January 1, 2044, would require the commission to submit a report to the Legislature detailing the progress made toward achieving the targets of the long-term backup electricity supply strategy.
Existing law, the Credit Services Act of 1984, defines and regulates the activities of credit services organizations. Existing law generally defines a credit services organization as a person who, for payment, performs specified credit-related services, such as improving a buyer's credit record and obtaining loans. Existing law requires credit services organizations to obtain a surety bond, as specified, before conducting business and requires that they register with the Department of Justice, subject to a fee of $100. Existing law requires that credit services be provided pursuant to a written contract, which is required to contain specified provisions, and requires the credit services organization to provide a prescribed information statement before the execution of the contract. Existing law requires the contract to contain a notice informing the buyer that the contract can be canceled within 5 days from the date the contract is signed. Existing law prohibits, among other things, a credit services organization from receiving money before full and complete performance of the service the organization has agreed to perform and prohibits failing to perform the agreed-upon services within 6 months. Existing law makes a violation of these provisions a misdemeanor. Existing law authorizes a buyer of services who is injured by a credit services organization's violation of the act, or its breach of contract, to bring an action for damages or injunctive relief, as specified. Existing law also authorizes any person, including a consumer credit reporting agency, to bring an action, as specified, for a violation of these provisions. This bill would revise and recast these provisions to, instead, require the Department of Financial Protection and Innovation, commencing on January 1, 2023, to license, regulate, and oversee credit services organizations. The bill would, beginning on January 1, 2022, require the department to take all action necessary in order to be prepared to perform these duties commencing January 1, 2023, including, but not limited to, the adoption of necessary regulations. The bill would prohibit the public disclosure of specific information provided by a licensee to the department. This bill would prohibit a person from engaging in credit services in this state without a license and would also require the person to comply with specified requirements, and the reporting, examination, and other oversight requirements issued or mandated by the department. The bill would require a person applying for a license to, among other things, pay an application fee, sign the application under penalty of perjury, and submit to a criminal background check by the department. By expanding the scope of the crime of perjury this bill would impose a state-mandated local program. This bill would require each licensee to, among other things, file reports with the Commissioner of the Department of Financial Protection and Innovation under oath, maintain a surety bond, and pay to the department its pro rata share of all costs and expenses reasonably incurred in the administration of these provisions, as estimated by the department. The bill would authorize the department to enforce these provisions by, among other things, adopting regulations, performing investigations, suspending or revoking a license, issuing orders and claims for relief, and enforcing the provisions, as specified. The bill would revise information that must be provided to a consumer before a credit service contract is executed, including a notice regarding the filing of complaints with the department and would require the Attorney General and the department to maintain an internet website for this purpose. This bill would replace the term "buyer" with the term "consumer" for purposes of describing a person utilizing the services of a credit services organization and would prescribe other definitions in this regard. The bill would require a credit services organization to provide a consumer a monthly statement showing each service performed for a consumer, as specified, and would require the organization to perform services agreed upon within 180 days of contracting for those services. The bill would require the information statement and contract to inform the consumer that the contract can be canceled before midnight on the 5th working day after execution of the document it. This bill would extend prohibitions on counseling a consumer to make untrue statements to other specified parties. Among other things, the bill would prohibit a credit services organization from submitting a dispute to a consumer credit reporting agency, creditor, debt collector, or debt buyer more than 180 days after the disputed account has been removed, or from failing to provide along with its first written communication to a credit reporting agency or data furnisher sufficient information to investigate a dispute of an account. The bill would require a consumer credit reporting agency, creditor, debt collector, or debt buyer that knows that a consumer is represented by a credit services organization to communicate with the credit services organization, except as specified. This bill would require a credit services organization to redact specified information in certain written communications. The bill would require a credit services organization to maintain certain information on file for 4 years. The bill would require the department to maintain an internet website, as specified. The bill would prescribe statutory penalties that may be imposed on a credit services organization that willfully and knowingly violates these provisions. Because the bill would change the definition of a crime, the bill would impose a state-mandated local program. The bill would authorize the department to periodically increase the amount of the fee it is authorized to charge for licensure, regulation, and oversight of licensees, but the amount of the fee would be prohibited from exceeding that which is reasonable and necessary to satisfy the department's costs in complying with its duties to license, regulate, and oversee licensees. The bill would create the Credit Repair Services Licensing Fund, the monies in which shall be available to the department upon appropriation by the Legislature. This bill would require a consumer credit reporting agency, creditor, debt collector, or debt buyer that knows that a consumer is represented by a credit service organization, and that also has knowledge of, or can readily ascertain the credit services organization's name and address, to communicate with the credit services organization, except as specified. 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. 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.
