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 also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer to develop a maternal mental health program designed to promote quality and cost-effective outcomes, as specified. This bill would require the program to consist of at least one maternal mental health screening during pregnancy, at least one additional screening during the first 6 weeks of the postpartum period, and additional postpartum screenings, if determined medically necessary and clinically appropriate in the judgment of the treating provider. 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.
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve specified targets for reducing organic waste in landfills, as provided. The department's organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to count towards their procurement targets compost produced and procured from specified compost operations and specified investments and expenditures related to meeting its procurement target, as provided. The bill would authorize a local jurisdiction to determine a local per capita procurement target using information from a local waste characterization study, as specified. The bill would authorize a local jurisdiction to satisfy its annual procurement obligations by procuring a quantity of recovered organic waste products that meets or exceeds a 5-year procurement target, as specified. The bill would authorize the department, in adopting and revising regulations, to consider other pathways to prioritize local use of compost, as specified. This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 2514 and AB 2902 to be operative only if this bill and any or all of the other bills are enacted and this bill is enacted last.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act establishes stewardship programs for various products, including, among others, carpet. The act requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. The act requires the funding mechanism to establish and provide for a carpet stewardship assessment to be added to the purchase price of carpet sold in the state by a manufacturer to a California retailer or wholesaler or otherwise sold for use in the state and requires each retailer and wholesaler to add the assessment to the purchase price of all carpet sold in the state. The act requires a manufacturer or carpet stewardship organization submitting a carpet stewardship plan to pay the department an administrative fee, as determined by the department, and imposes administrative civil penalties upon a person who violates these provisions. The act requires the carpet stewardship organization to provide various reports to ensure compliance with these provisions. This bill would require a carpet stewardship organization to include nonvoting board members, as specified, and would require the carpet stewardship organization to pay the travel costs and other expenses for those nonvoting members to participate in all board meetings. The bill would require a carpet stewardship organization to be responsible for, and make decisions regarding, a carpet stewardship plan, as specified. The bill would prohibit a carpet stewardship organization from delegating any responsibility of its board of directors or any decisionmaking responsibility to a person who is not a member of its board of directors. The bill would require a carpet stewardship organization to allocate 8% of the assessments it collects for grants to apprenticeship programs, as provided. The bill would authorize the department to audit a carpet stewardship organization and a manufacturer annually. The bill would authorize the department to adopt regulations to bring a carpet stewardship organization or manufacturer into compliance with the product stewardship for carpet program, as specified. The bill would increase the penalties for a violation of the program from $5,000 per day to $10,000 per day, and from $10,000 per day to $25,000 per day if the violation is intentional, knowing, or negligent. This bill would make the above-discussed product stewardship for carpet program, as amended by this bill, inoperative upon the completion of specified conditions, including that the department submits a letter to the relevant committees of the Legislature indicating that specified conditions have been met and that the department is prepared to implement a carpet producer responsibility program as discussed below. This bill would establish a carpet producer responsibility program that would require producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. This bill would define a "covered product" as carpet, as defined. The bill would require the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state. The bill would require the PRO to perform specified public outreach regarding the plan before submitting it to the department for approval. The bill would require the PRO to review the plan at least every 5 years after approval. The bill would also require the PRO to submit an annual report to the department. The bill would require all reports and records provided to the department to be provided under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would restrict public access to certain information collected for the purpose of administering this program. This bill would require the department to post on its internet website a list of producers that are in compliance with the requirements of the program. The bill would require the department to adopt regulations governing the program. The bill would require the PRO to establish and provide for a covered product assessment to be added to the purchase price of covered product sold in the state by a producer to a California retailer or wholesaler or otherwise sold for use in the state and would require each retailer and wholesaler to add the assessment to the purchase price of all covered product sold in the state. The bill would require the PRO to pay fees to the department, not to exceed the department's actual and reasonable regulatory costs to implement and enforce the program. The bill would rename the Carpet Stewardship Account to be the Carpet Responsibility Fund and would rename the Carpet Stewardship Penalty Subaccount to be the Carpet Responsibility Penalty Account. The bill would require the deposit of all moneys received from the PRO into the Carpet Responsibility Fund and would make the moneys in that fund available to the department, upon appropriation by the Legislature, for purposes of the program. The bill would also authorize the department to impose administrative penalties for a violation of the program's requirements, not to exceed $10,000 per day, or not to exceed $25,000 per day for an intentional or knowing violation, 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.
Existing law, the Housing Authorities Law, establishes a housing authority within each county and city to undertake specified activities relating to housing for persons of low income, subject to the adoption of a resolution by the governing body of the county or city declaring the need for an authority. Existing federal law provides housing assistance to low-income individuals and households in the form of vouchers, commonly known as Housing Choice Vouchers. This bill would require the Housing Authority of the County of Alameda to, by January 1, 2026, conduct an evaluation and review of its internet website for the purpose of ensuring that the website is easily accessible and navigable, including for those that are non-English speakers. The bill would require the authority to, by March 31, 2025, publish Housing Choice Voucher program waitlist data on its internet website, as specified. The bill would require the authority to, by September 30 of each year, develop and publish on its internet website a report that includes certain information, including information regarding employment with the authority and data regarding the effectiveness of the programs administered by the authority, as specified. By requiring the authority to review its internet website, publish data, and develop an annual report, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Housing Authority of the County of Alameda. 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 establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. This bill would require the California State University and community college districts to stock drug testing devices, as defined, available and accessible, free-of-charge, in the health center located on each campus and post a notice on these requirements in a prominent and conspicuous location, as specified. The bill would encourage the University of California, independent institutions of higher education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, 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 provides for the regulation and development of aquaculture and requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law makes it unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae anywhere in this state, except as specified. A violation of the Fish and Game Code is a crime. This bill would prohibit the aquaculture of any species of octopus for the purpose of human consumption. The bill would prohibit a business owner or operator from selling, possessing, or transporting any species of octopus that is the result of aquaculture. By creating a new 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.
Existing law establishes the Department of Housing and Community Development within the Business, Consumer Services, and Housing Agency. Under existing law, the department is responsible for administering various housing programs throughout the state, including, among others, the California Emergency Solutions and Housing Program, which, among other things, provides rental assistance and housing relocation and stabilization services to ensure housing affordability for people who are experiencing homelessness or who are at risk of homelessness. Existing law, the Housing Authorities Law, creates a housing authority in each county and each city, which is authorized to transact business and exercise specified powers upon adoption of a resolution by the governing body of the county or city declaring that there is a need for the authority to function. Among other things, existing law authorizes a housing authority to provide leased housing to persons of low income. This bill would require all public housing authorities to report specified data, including their monthly success rates as of the first of each month, to the department beginning on July 1, 2025, and annually thereafter, as specified. Because the bill would require local housing authorities to perform additional duties, it would impose a state-mandated local program. The bill would require the department to make the data publicly available, beginning on January 1, 2026, and each year thereafter. The bill would require the department, beginning on July 1, 2025, and bi-annually thereafter until June 30, 2027, to convene a group of public housing authorities to discuss factors that impact success rates and recommendations for state and local intervention. The bill would also require the department, in consultation with participants in the Housing Choice Voucher program and other stakeholders, to publish a report, which shall be made publicly available, with recommendations for state and local interventions to improve success rates, on or before July 1, 2026. 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 Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. Among other things, existing law prohibits a person from conducting a home medical device retail facility business in this state unless the person has obtained a license from the department and sets forth standards for operating that facility. Existing law authorizes the department to waive any licensing requirements for a home medical device retail facility when, in the opinion of the department, a high standard of patient safety, consistent with good patient care, can be provided by the licensure of a home medical device retail facility that does not meet all of the requirements for licensure. This bill would, except as specified, require an original equipment manufacturer of a powered wheelchair, as those terms are defined, to provide documentation, parts, embedded software, firmware, and tools used to inspect, diagnose, maintain, and repair the wheelchair to an owner or an independent repair provider for the purposes of providing service on the equipment or specified parts in the state, on fair and reasonable terms and costs, as defined. The bill would also require an original equipment manufacturer, for a powered wheelchair that contains an electronic security lock or other security-related function, to provide documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services, as specified. The bill would require an independent repair provider to provide a written notice to a customer before providing repair services, as specified. This bill would, with certain exceptions, exempt trade secret information from these requirements. The bill would subject an original equipment manufacturer who knowingly violates, or who should have reasonably known that they violated, these provisions to specified civil penalties. The bill would, in the case of a first violation, give an original equipment manufacturer who did not knowingly violate these provisions a 3-day right to cure the violation before a civil penalty is imposed. The bill would authorize a person injured by a violation of these provisions and the Attorney General or a district attorney to bring a civil action for this purpose, as specified. If the action is brought by the Attorney General or district attorney, the bill would require the penalty to be paid to specified entities or individuals, as provided.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled, as defined. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, 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. Pursuant to a schedule of covered benefits, existing law requires Medi-Cal coverage for inpatient hospital services, subject to utilization controls, and with respect to fee-for service beneficiaries, coverage for emergency services and care necessary for the treatment of an emergency medical condition and medical care directly related to the emergency medical condition, as specified. Existing law provides for the licensing and regulation of health facilities by the State Department of Public Health and makes a violation of those provisions a crime. Existing law defines "psychiatric emergency medical condition," for purposes of providing treatment for emergency conditions, as a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either an immediate danger to the patient or to others, or immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder. Existing law includes various circumstances under which a patient is required to be treated by, or may be transferred to, specified health facilities for treatment that is solely necessary to relieve or eliminate a psychiatric emergency medical condition. This bill would revise the definition of "psychiatric emergency medical condition" to make that definition applicable regardless of whether the patient is voluntary, or is involuntarily detained for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, under prescribed circumstances. The bill would make conforming and clarifying changes to provisions requiring facilities to provide that treatment. By expanding the definition of a crime with respect to those facilities, the bill would impose a state-mandated local program. The bill would require the Medi-Cal program to cover emergency services and care necessary to treat an emergency medical condition, as defined, including poststabilization care services required under specified federal law, emergency room professional services, and facility charges for emergency room visits. The bill would require coverage for emergency services necessary to relieve or eliminate a psychiatric emergency medical condition, regardless of whether the beneficiary is voluntary, or involuntarily detained for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, as specified. The bill would require a Medi-Cal managed care plan, as defined, to be responsible for covering, and reimbursing providers for furnishing, those emergency services and care. The bill would specify that those requirements do not limit or reduce the scope of covered emergency services and care for fee-for-service beneficiaries, as described in the bill. 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, commonly known as the Lake and Streambed Alteration Program, prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing or disposing of certain material where it may pass into any river, stream, or lake, unless certain requirements are met. Existing law also prohibits the take or possession of certain species, including, among others, a fully protected fish, except as provided. This bill, the Restoration Management Permit Act, would authorize the department to (1) issue a restoration management permit to authorize the take, possession, import, or export of any species or subspecies of fish, wildlife, or plants in association with a management or propagation project that, among other things, has the primary purpose of restoring native fish, wildlife, plants, or their habitat and (2) authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to the Lake and Streambed Alteration Program, as provided. The bill would exempt these management or propagation projects from various legal requirements, including, among others, the above-described prohibitions regarding the take or possession of fully protected fish, as specified. The bill would authorize the department to develop permit applications for restoration management permits and would require permit applications to contain specified information. The bill would prohibit the department from issuing a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities. This bill would establish the Restoration Management Permit Program Fund in the State Treasury. The bill would authorize the department to establish a schedule of fees to be charged for all or a portion of the department's costs relating to the administration of restoration management permits, as provided. The bill would require the department to post on its internet website a list and description of every qualifying restoration project permitted by the department and would require the department to, on or before January 1, 2034, submit a report to the Legislature that evaluates the impacts and outcomes of the act on the pace and scale of restoration projects. The bill would repeal the above-described provisions on January 1, 2035. The bill would also make related findings and declarations. (2) The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species, without being subject to additional regulatory restrictions as a result of their conservation efforts. Existing law, for purposes of the California State Safe Harbor Agreement Program Act, defines "landowner" to mean any person or nonstate or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of the act. The act provides that, if a federal safe harbor agreement or a federal candidate conservation agreement with assurances contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to the California Endangered Species Act, no further authorization or approval is necessary to take the species in accordance with the federal agreement, as provided. This bill would revise the definition of "landowner" for these purposes to additionally include state entities. The bill would additionally provide that, if a federal conservation benefit agreement with an enhancement of survival permit contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to the California Endangered Species Act, no further authorization or approval is necessary to take the species identified in and in accordance with the federal agreement, as specified. (3) Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor, unless otherwise specified. To the extent that this bill's provisions create new crimes, 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.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would, if certain conditions are met, exempt from the provisions of CEQA the routine maintenance of public stormwater facilities that are fully concrete or that have a conveyance capacity of less than a 100-year storm event. The bill would, if the lead agency determines that a project is not subject to CEQA pursuant to these provisions and determines to approve or carry out the project, require the lead agency to file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk in the county in which the project will be located, as provided, thereby imposing a state-mandated local program. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. This bill would repeal these provisions on January 1, 2030. CEQA provides that, if a nonelected decisionmaking body of a local lead agency certifies an environmental impact report, approves a negative declaration or mitigated negative declaration, or determines that a project is not subject to CEQA, the certification, approval, or determination may be appealed to the agency's elected decisionmaking body. This bill would prohibit the appeal of determinations by nonelected decisionmaking bodies of cities with a population of at least 1,000,000 that those routine maintenance projects of certain public stormwater facilities are exempt from CEQA to the agency's elected decisionmaking body. This bill would repeal these provisions on January 1, 2030. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law prohibits an ex parte restraining order from being denied solely because the other party was not provided notice. Existing law authorizes a court to issue ex parte protective orders enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party; excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child; and enjoining a party from specified behavior that the court determines is necessary to effectuate either of those types of orders. This bill would prohibit rejection of a protective order described above by the court if it is submitted on specified mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.
