Existing law requires each city and county within the Sacramento-San Joaquin Valley to amend its general plan relative to the data and analysis contained in the Central Valley Flood Protection Plan, as specified and to amend its zoning ordinance consistent with the general plan. Existing law prohibits the legislative body of a city or county within the Sacramento-San Joaquin Valley from entering into a development agreement for property that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress on construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas intended to be protected by the system, which, except as provided, shall be achieved by 2025 for urban and urbanizing areas protected by project levees. Existing law similarly prohibits each city and county within the Sacramento-San Joaquin Valley from approving a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above. Existing law similarly requires the legislative body of each city and county within the Sacramento-San Joaquin Valley to deny approval of a tentative map or a parcel map for a subdivision that is located within a flood hazard zone after the amendments described above are complete unless the city or county makes a specified finding. Among the possible findings, is that the local flood agency has made adequate progress toward the urban level of flood protection as described above. This bill would include in the exceptions to the requirement that the urban level of flood protection be achieved for urban and urbanizing areas protected by project levees by 2025, specified areas located in the City of Marysville, the City of Sacramento, the County of Sacramento, the County of Sutter, and the County of Yuba that shall, instead, be required to achieve the urban level of flood protection by 2030. The bill would authorize the Department of Water Resources to require a city or county listed above to contribute its fair and reasonable share of any property damage caused by a flood in its respective jurisdiction, as specified, until the city or county finds the area has met the urban level of flood protection. The bill would make a related technical change. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, County of Sutter, County of Yuba, City of Marysville, and City of Sacramento.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires the Department of Managed Health Care to license and regulate health care service plans and makes a willful violation of the act a crime. Existing law requires an individual or small group health care service plan contract issued, amended, or renewed on or after January 1, 2017, to include, at a minimum, coverage for essential health benefits pursuant to the federal Patient Protection and Affordable Care Act. Existing law requires a health care service plan contract to cover the same health benefits that the benchmark plan, the Kaiser Foundation Health Plan Small Group HMO 30 plan, offered during the first quarter of 2014, as specified. This bill would express the intent of the Legislature to review California's essential health benefits benchmark plan and establish a new benchmark plan for the 2027 plan year for health care service plans. The bill would require, commencing January 1, 2027, if the United States Department of Health and Human Services approves a new essential health benefits benchmark plan for the state, as specified, the benchmark plan for health care service plans to include certain additional benefits, including coverage for specified fertility services and specified durable medical equipment. Because a violation of the bill 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, 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's requirements 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 disability insurance policy issued, amended, delivered, or renewed on or after January 1, 2000, that covers prescription benefits to include coverage for insulin if it is determined to be medically necessary. This bill would prohibit a large group health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2026, or an individual or small group health care service plan contract or health insurance policy on or after January 1, 2027, from imposing a copayment, coinsurance, deductible, or other cost sharing of more than $35 for a 30-day supply of an insulin prescription drug, except as specified. On and after January 1, 2026, the bill would prohibit a health care service plan or health insurer from imposing step therapy as a prerequisite to authorizing coverage of insulin, and, for a large group health care service plan contract or health insurance policy, would require at least one insulin for a given drug type in all forms and concentrations to be on the prescription drug formulary. The bill would limit the $35 cap for an individual or small group health care service plan contract or health insurance policy to only Tier 1 and Tier 2 insulin if the drug formulary is grouped into tiers, except as provided. 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 establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations and sets forth its powers and duties regarding the enforcement of labor laws. Existing law authorizes the commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation, as specified. Existing law provides that the judgment creditor, or the commissioner, as assignee of the judgment creditor, is entitled to court costs and reasonable attorney's fees for enforcing the judgment, as specified. This bill would instead require that the judgment creditor, or the Labor Commissioner or public prosecutor as assignee of the judgment creditor, be awarded the above-described court costs and reasonable attorney's fees. Existing law provides for enforcement if a final judgment against an employer arising from the employer's nonpayment of wages for work performed in this state remains unsatisfied after specified periods of time, including prohibiting the employer from conducting business in the state, as specified, if a final judgment against the employer remains unsatisfied for 30 days. This bill would additionally require the judgment debtor to be subject to a civil penalty not to exceed 3 times the outstanding judgment amount if a final judgment arising from the nonpayment of work performed in this state remains unsatisfied after a period of 180 days, as provided. The bill would require a court to award a prevailing plaintiff all reasonable attorney's fees and costs in any action brought by a judgment creditor, the commissioner, or a public prosecutor to enforce a final judgment arising from the nonpayment of wages, penalties, or other amounts owed arising from work performed in this state, as provided. This bill would also make findings and declarations related to its provisions.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law requires the trustees to control and expend all money appropriated for the support and maintenance of the university. Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force) . Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would authorize the use of up to $6,000,000, as specified, for the purpose of enabling the California State University to conduct research in furtherance of the recommendations of the Task Force, thereby making an appropriation. The bill would authorize the California State University to partner with other universities or nonprofit institutions in furtherance of the bill. The bill would require, before the start of each fiscal year, the California State University to consult with the California Legislative Black Caucus to propose a list of research components to be addressed through the appropriation, as provided. This bill would require the California State University to explore options to determine how to confirm an individual's status as a descendant of an enslaved person, as defined. The bill would also require the California State University to establish a process for conducting or verifying genealogical research for the purpose of confirming an individual's status as a descendant of an enslaved person for eligibility for reparative claims on or before the start of the 2029–30 academic year and to commence the work of establishing the process on or before the start of the 2026–27 academic year. The bill would authorize the funding described above to be used to support student participation in support of this goal. The bill would require the California State University, on or before October 1 of each year and until funding is exhausted, to submit to the Legislature and Governor a report with a status update of pending research projects, and any research projects that have been completed within the prior year. The bill would require the final report to include research findings, recommendations with options, and timelines for statewide implementation, including costs, developed pursuant to these provisions.
Existing law, the Public Safety Officers Procedural Bill of Rights Act, grants certain employment rights to public safety officers, as defined. The act prohibits, among other things, any punitive action against a public safety officer, denial of promotion on grounds other than merit, or threat of such treatment, because of the lawful exercise of the rights granted under the act, or the exercise of any rights under any existing administrative grievance procedure. Existing law, the California Racial Justice Act of 2020, prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Existing law authorizes a defendant to file a motion in the trial court or, if judgment has been imposed, to file a petition for writ of habeas corpus to allege a violation of this prohibition. Existing law authorizes the Commission on Peace Officer Standards and Training to revoke the certification of a peace officer if the officer has, while employed as a peace officer, engaged in serious misconduct including, among other things, demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer's obligation to carry out their duties in a fair and unbiased manner. This bill would prohibit a punitive action, denial of promotion on grounds other than merit, or a revocation of certification proceeding from being undertaken against any public safety officer on the basis of a court finding made in a challenge brought under the California Racial Justice Act of 2020, and would prohibit those court findings from being introduced for any purpose in any administrative appeal of a punitive action. The bill would require, if the defendant is represented by an attorney in a case brought under the California Racial Justice Act of 2020, in the prosecution of a writ of habeas corpus, or in the filing of a motion to vacate a conviction or sentence based on a violation of the California Racial Justice Act of 2020, and the motion or petition is based, in whole or in part, on the conduct of a law enforcement officer, the attorney to serve a copy of the motion on the law enforcement agency employing the officer. This bill would incorporate additional changes to Sections 745, 1473, and 1473.7 of the Penal Code proposed by AB 1071 to be operative only if this bill and AB 1071 are enacted and this bill is enacted last.
Existing law requires all health care providers and laboratories to report cases of human immunodeficiency virus (HIV) infection to the local health officer and requires the local health officer to report unduplicated HIV cases to the State Department of Public Health. Existing law requires public health records related to HIV or acquired immunodeficiency syndrome (AIDS) , containing personally identifying information, that were developed or acquired by a state or local public health agency, or an agent of that agency, to be confidential and not disclosed, except as otherwise provided by law for public health purposes or pursuant to a written authorization by the person who is the subject of the record or by their guardian or conservator. Existing law authorizes certain state or local public health officials to disclose those records to other local, state, or federal public health agencies or to medical researchers when the confidential information is necessary to carry out specified duties of the agency or researcher, including in the investigation, control, or surveillance of disease. This bill would additionally authorize a health care provider of a patient with an HIV infection that has already been reported to a local health officer as described above to disclose identifying information about the patient to a local health jurisdiction or the department if the disclosure is necessary to complete or supplement an HIV case report or for the local health jurisdiction or the department to carry out its duties in the investigation, control, or surveillance of disease, or the coordination of, linkage to, or reengagement in care for a person, as specified. The bill would make conforming changes to related provisions.
Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency and requires the department to be conducted under the control of an executive officer known as the Director of Industrial Relations. Existing law states that the function of the department, among other things, is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment and vests the department with responsibility for administering the state plan for the development and enforcement of occupational safety and health standards relating to issues covered by corresponding standards adopted pursuant to federal law. Existing law establishes the Occupational Safety and Health Standards Board within the department to adopt occupational safety and health standards for the state, including standards dealing with exposure to harmful airborne contaminants. Existing law requires the Division of Occupational Safety and Health within the department to enforce all occupational safety and health standards, as specified. A violation of these standards and regulations under specific circumstances is a crime. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA) , requires employers to comply with certain safety and health standards, as specified, and charges the Division of Occupational Safety and Health with enforcement of the act. OSHA defines "serious injury or illness" for purposes of the act to mean any injury or illness occurring in a place of employment or in connection with any employment that results in one of a list of conditions, including inpatient hospitalization, as provided, the loss of a member of the body, any serious degree of permanent disfigurement, and impairment sufficient to cause a part of the body or the function of an organ to become permanently and significantly reduced in efficiency on or off the job, as specified. Under OSHA, certain knowing, negligent, or willful violations of safety and health standards are punishable as a misdemeanor. This bill would add silicosis and silica-related lung cancer to the list of conditions that, if resulting from an injury or illness occurring in a place of employment or in connection with an employment, would constitute a "serious injury or illness." By expanding the scope of a crime under OSHA, the bill would impose a state-mandated local program. OSHA creates a rebuttable presumption that a "serious violation" exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. OSHA defines "serious physical harm" for purposes of that provision. This bill would expand that definition of "serious physical harm" to include silicosis and silica-related lung cancer. The bill would impose restrictions on specified high-exposure trigger tasks on artificial stone, as those terms are defined. Specifically, a person or entity engaged in high-exposure trigger tasks would be prohibited from using dry methods, and would be required to use effective wet methods when engaging in any high-exposure trigger tasks. The bill would make a violation of these provisions grounds for, among other disciplinary action, an immediate order by the division prohibiting continued work. The bill would require the division to enforce these provisions by issuing a citation alleging a violation and a notice of civil penalty. The bill would require the owner or operator of a fabrication shop, or any individual who will employ another individual to perform high-exposure trigger tasks in a fabrication shop, to ensure that an employee who will perform high-exposure tasks receives specified training and, beginning on July 1, 2026, and annually thereafter, to attest to the division that these employees have been trained. The bill would require the division to enforce these provisions by issuing a citation alleging a violation and a notice of civil penalty. The bill would require the State Department of Public Health to consider a report of silicosis related to occupational exposure to artificial stone a serious illness and to report that case to the division. The bill would require the division, if it receives such a report, to subject the employer or place of employment to investigation, as specified. The bill would require the division to notify the State Department of Public Health of any cases of silicosis related to artificial stone identified through enforcement activities. The bill would require the State Department of Public Health to conduct specified activities to address silicosis risk exposure in fabrication shops, including providing technical assistance to local health jurisdictions engaged in silicosis surveillance and prevention activities. The bill would define various terms for these purposes. The bill would make findings and declarations related to these provisions. 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 requires, for contracts entered into on or after January 1, 2022, a direct contractor making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, to assume, and be liable for, any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the contract between the direct contractor and the owner. Existing law defines "direct contractor" for this purpose to mean a contractor that has a direct contractual relationship with an owner. This bill would apply the above-described provision to contracts entered into on or after January 1, 2022, and before January 1, 2026. The bill would instead require, for contracts entered into on or after January 1, 2026, a direct contractor making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, to assume, and be liable for, any indebtedness for the performance of labor, as specified. The bill would prohibit a direct contractor from being held liable for the indebtedness with respect to fringe or other benefit contributions if they make contribution payments by joint check, as specified. The bill would define "direct contractor" for this purpose to mean a contractor that has a direct contractual relationship with an owner or any other person or entity engaging contractors or subcontractors, as specified, on behalf of the owner. Existing law provides for a streamlined, ministerial approval process or use by right for certain housing developments that meet specified requirements. Existing law requires these developments to meet specified labor standards, including, among other things, making health care expenditures for each employee, as specified. Existing law grants a joint labor-management cooperation committee standing to sue a construction contractor pursuant to the above-described liability provision for failure to make those health care expenditures. This bill would additionally grant a joint labor-management cooperation committee standing to sue pursuant to the liability provision added by this bill.
Existing law requires the Director of Forestry and Fire Protection, until January 1, 2026, to establish a statewide program to allow qualified entities, as defined, who have completed a specific training program developed and administered by the Department of Forestry and Fire Protection to support and augment the department in its defensible space and home hardening assessment and education efforts. Existing law authorizes these qualified entities to, among other things, assess compliance with defensible space requirements applicable to the state responsibility area. Existing law requires the director to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by qualifying entities, to be reported to the department, and authorizes the director to use this data for specified reasons. This bill would revise and recast these provisions by, among other things, indefinitely extending the operative date of both the above-described statewide program and the associated training program for qualified entities. The bill would add nonprofit entities focused on wildfire resiliency to the list of qualified entities. The bill would authorize qualified entities to additionally assess compliance with defensible space requirements applicable to local responsibility areas, as provided. The bill would require specified data obtained voluntarily from property owners for purposes of the common reporting platform to be anonymized and kept confidential if requested by the property owner, and would prohibit that data from being used for compliance or enforcement purposes associated with ordinances that directly relate to defensible space and home hardening inspections unless specifically requested by the property owner. The bill would limit the data the director may use for specified purposes to that data gathered in response to requests related to compliance with defensible space requirements, and other data voluntarily provided by a property owner if authorized by the property owner, as provided. Existing law establishes the California Fire Service Training and Education Program in the Office of the State Fire Marshal and requires the State Fire Marshal to make or encourage studies of any aspect of fire service training and education. Existing law requires the Office of the State Fire Marshal to develop and make available on its internet website a Wildland-Urban Interface Fire Safety Building Standards Compliance training intended for use in the training of local building officials, builders, and fire service personnel, as specified. This bill would authorize the Office of the State Fire Marshal, as part of the California Fire Service Training and Education Program, to allow certification of contractors who conduct defensible space, home hardening, fuel reduction, roadside clearance, and other contracting activities for wildfire resiliency efforts and who have completed the above-described training program for qualified entities to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening and education efforts or an equivalent program. 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 13159.5 of the Health and Safety Code proposed by AB 1143 to be operative only if this bill and AB 1143 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 4291.5 and 4291.6 of the Public Resources Code proposed by AB 1457 to be operative only if this bill and AB 1457 are enacted and this bill is enacted last.
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 requires a manufacturer of a connected device to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and information contained in the device from unauthorized access, destruction, use, modification, or disclosure. This bill would authorize a survivor, as defined, or a designated representative of a survivor, to submit a device protection request to an account manager, as defined, seeking to terminate a perpetrator's access to a connected device or associated user account. The bill would define "survivor" for these purposes to mean an individual who has had specified criminal acts committed or allegedly committed against them or who cares for another individual against whom those criminal acts have been committed or allegedly committed, as provided. The bill would require an account manager, within 2 business days of receiving a complete device protection request, to terminate or disable the perpetrator's access to the connected device or user account, or to inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or a similar state that removes all account holders, as provided. The bill would specify the requirements for a device protection request and would impose certain requirements on an account manager in processing a request. By providing that a device protection request may include a copy of a signed affidavit, the bill would expand the crime of perjury, and thus impose a state-mandated local program. This bill would require the account manager to clearly describe the process to submit a device protection request on their internet website or mobile application and would prohibit the account manager from providing specified information to the perpetrator. The bill would require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a survivor or a designated representative of a survivor as confidential and securely dispose of the information, as provided. This bill would authorize enforcement of these provisions by injunction or civil penalty in any court action by any person injured by a violation of those provisions, the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor, against an account manager or perpetrator, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these provisions are severable. Existing law authorizes a court to issue an ex parte order for, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This bill would provide that, for purposes of those provisions, an internet-connected device includes a connected device 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.
Existing law, the County Employees Retirement Law of 1937 (CERL) , prescribes the rights, benefits, and duties of members of the retirement systems established pursuant to its provisions. Existing law prohibits a resolution, ordinance, contract, or contract amendment under CERL from providing retirement benefits for some, but not all, general members of a county or district. This bill would prohibit a county or district whose officers and employees are enrolled as members of a retirement system under CERL from excluding from membership in the system any employee, group, or classification, other than those excludable officers and employees, as defined. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and charter counties. The bill would also include findings that its provisions are declaratory of existing law.
