Asm. Matt Haney

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy and makes a violation of the act a crime. Under existing law, specified clinics, including surgical clinics, may purchase drugs at wholesale for administration or dispensing to the clinic's patients. Existing law requires these clinics to maintain certain records and to obtain a license from the board. Existing law prohibits specified substances from being dispensed by a nonprofit or free clinic, as defined. This bill would authorize a practitioner authorized to prescribe a narcotic drug at a nonprofit or free clinic, as specified, to dispense the narcotic drug from clinic supply for the purpose of relieving acute withdrawal symptoms while arrangements are being made for referral for treatment, as described, and would require the clinic dispensing the narcotic to be subject to specified reporting, labeling, and recordkeeping requirements. The bill would require clinics with a supply of narcotic drugs being dispensed pursuant to these provisions to establish policies or procedures for dispensing the narcotics, as specified. Because the bill would specify additional requirements under the Pharmacy Law, a violation of which would be a crime, it would impose a state-mandated local program. Existing law classifies certain controlled substances into designated schedules. Existing law prohibits a controlled substance classified in Schedule II from being dispensed without a prescription, except when dispensed directly to the user in an amount not to exceed a 72-hour supply for the patient when the patient is not expected to require any additional amount of the controlled substance beyond the 72 hours. This bill would additionally authorize a practitioner to directly dispense no more than a 3-day supply of a Schedule II controlled substance to be dispensed to the ultimate user at one time for the purpose of initiating maintenance treatment or detoxification treatment, as specified. Existing law requires the State Department of Health Care Services to regulate and license narcotic treatment programs, including in the use of narcotic replacement therapy and medication-assisted treatment. Existing regulation specifies certain requirements and considerations for a patient to be eligible for treatment at a licensed narcotic treatment program, such as a medical evaluation conducted by the program, laboratory tests for disease, and minimum monthly participation in counseling, among others. Existing regulation also imposes specified criteria to be considered before a patient is eligible for take-home doses of medication. This bill would require the department to amend specified regulations regarding narcotic treatment programs to comply with federal regulations pertaining to dispensing of narcotic drugs for maintenance treatment or detoxification treatment. The bill would require the department to adopt these regulations by April 30, 2029. Existing law authorizes the use of specific medications for use in narcotic replacement therapy and medication-assisted treatment by licensed narcotic treatment programs, including Levo-alpha-acetylmethadol (LAAM) . Existing law states the intent of the Legislature that take-home doses of narcotic replacement therapy medications are to be provided if the patient is clearly adhering to the requirements of the program and if daily attendance at a clinic would be incompatible with gainful employment, education, responsible homemaking, and retirement or medical disability, or as otherwise specified. This bill would remove LAAM from the list of authorized medications for use in narcotic replacement therapy and medication-assisted treatment by licensed narcotic treatment programs and would make conforming changes. The bill would remove from the statement of the Legislature's intent the requirement that daily attendance at a clinic would be incompatible with gainful employment, education, responsible homemaking, and retirement or medical disability. 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, the California Fair Employment and Housing Act, establishes in the Business, Consumer Services, and Housing Agency the Civil Rights Department (department) , headed by the Director of Civil Rights, to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status. Existing law requires the department, among other things, to render annually to the Governor and to the Legislature a written report of its activities and recommendations. This bill would establish within the department the Labor Trafficking Task Force, as specified. The bill would require the task force, among other things, to take steps to prevent labor trafficking, coordinate with the Labor Enforcement Task Force, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking, and receive and refer complaints alleging labor trafficking to the department or other agencies, as appropriate, for potential investigation, civil action, or criminal prosecution. The bill would authorize the task force to coordinate with other relevant agencies to combat labor trafficking, support law enforcement agencies that investigate criminal actions relating to labor trafficking in coordination with specified entities, and coordinate with state or local agencies to connect survivors with available services. The bill would require the Division of Occupational Safety and Health within the Department of Industrial Relations to notify the task force when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the department to include specified information in the annual report described above, including the activities of the task force, the number of complaints referred to the department, and the status or outcome of those complaints. The bill would provide that its provisions become operative only upon appropriation by the Legislature in the annual Budget Act or another measure for the purposes of the bill's 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.

Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, and the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. 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 with enforcement of the act. Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising certain standards relating to the prevention of heat illness, protection from wildfire smoke, and toilet facilities on construction jobsites. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025. This bill would require the division, before December 1, 2027, to submit a draft rulemaking proposal to revise specified regulations on first aid materials and emergency medical services to require first aid materials in a workplace to include naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration to reverse opioid overdose and instructions for using the opioid antagonist. The bill would also require the division, in drafting the rulemaking proposal, to consider, and provide guidance to employers on, proper storage of the opioid antagonist in accordance with the manufacturer's instructions. The bill would require the standards board to consider for adoption revised standards for the standards described above on or before December 1, 2028. Under existing law, a person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid antagonist is not liable for civil damages resulting from an act or omission related to the rendering of the emergency treatment, except if the act or omission constitutes gross negligence or willful or wanton misconduct. This bill would expressly provide that an individual who administers naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration to reverse opioid overdose in a suspected opioid overdose emergency shall not be liable for civil damages, as provided by, and subject to, the above-described provisions. The bill would also provide that an individual who is licensed as part of a local emergency medical services agency shall not be held responsible for administering nasal naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration to reverse opioid overdose, regardless of whether the individual was certified for that activity, unless the individual was acting as a paid first responder at the time of the action.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards, including that the development is a multifamily housing development that contains two or more residential units. This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements, subject to specified exceptions. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior's Standards for Rehabilitation for, among other things, the preservation of exterior facades of a building that face a street, or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to meet specified affordability criteria. In this regard, the bill would require an adaptive reuse project for rental housing to include either 8% of the unit for very low income households and 5% of the units for extremely low income households or 15% of the units for lower income households. For an adaptive reuse project for owner-occupied housing, the bill would require the development to offer either 30% of the units at an affordable housing cost to moderate-income households or 15% of the units at an affordable housing cost to lower income households. The bill would require at least one-half of the square footage of the adaptive reuse project to be dedicated to residential uses. The bill would provide, among other things relating to projects involving adaptive reuse, that parking is not required for the portion of a project consisting of a building subject to adaptive reuse that does not have existing onsite parking. The bill would authorize an adaptive reuse project subject to these provisions to include the development of new residential or mixed-use structures on undeveloped areas and parking areas located on the same parcel as the proposed repurposed building, or on the parcels adjacent to the proposed adaptive reuse project site if certain conditions are met. The bill would authorize a local government to adopt an ordinance, as specified, to, among other things, specify the process and requirements applicable to adaptive reuse projects, as specified, and would require an adaptive reuse project to comply with all objective planning standards found in the ordinance. The bill would specify that nothing in its provisions relating to adaptive reuse projects is intended to preempt the adoption or implementation of a local ordinance that provides alternative procedures and substantive requirements for adaptive reuse projects, provided that the local ordinance does not prohibit an applicant from electing to pursue an adaptive reuse project, as specified. The bill would require a local agency that has not adopted an above-described ordinance to ministerially without discretionary review approve or disapprove applications for a permit to create or serve an adaptive reuse project, as specified. The bill would, if a local government's planning director or equivalent position determines that the adaptive reuse project submitted pursuant to these provisions is consistent with the objective planning standards, require the local government to approve the adaptive reuse project within specified timeframes. The bill would require the local government staff or relevant local planning and permitting department, upon determining that the adaptive reuse project is in conflict with any of the objective planning standards, to provide the proponent written documentation of, among other things, which standard or standards the development conflicts with within specific timeframes. The bill would prohibit a local government from imposing any local development standard on any project that is an adaptive reuse that would require alteration of the existing building envelope, except as specified, whether or not the local government has adopted an ordinance. The bill would require the proponent of an adaptive reuse project subject to these provisions to certify to the local government that specified labor prevailing wage, apprenticeship, skilled and training workforce, and health care expenditure requirements are satisfied, as specified. The bill would authorize the locality, and any labor standards enforcement agency the locality lawfully maintains, to issue a stop notice to halt further work on the project if work is proceeding in violation of any of the above-described labor standards, as specified, and to revoke a building permit if the general contractor does not show that those standards were followed. By requiring local governments to implement the streamlined, ministerial review process for adaptive reuse projects, the bill would impose a state-mandated local program. By requiring certain development proponents of an adaptive reuse project to sign an affidavit regarding the preservation of historic resources and requiring development proponents to certify compliance with certain labor standards under penalty of perjury, the bill would expand the crime of perjury and therefore impose a state-mandated local program. This bill would exempt an adaptive reuse project from all impact fees that are not reasonably related to the impacts resulting from the change of use of the site from nonresidential to residential or mixed use and would require any fees charged to be roughly proportional to the difference in impacts caused by the change of use. 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. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the streamlined, ministerial review process described above, would exempt the approval of adaptive reuse projects subject to those processes from CEQA. The bill would also exempt specified findings regarding industrial uses and ordinances adopted to implement specified provisions from CEQA. This bill would authorize a city or county, or city and county, commencing in the 2024–25 fiscal year, to establish an adaptive reuse investment incentive program to pay adaptive reuse investment incentive funds to the proponent of an adaptive reuse project approved pursuant to the streamlined, ministerial process described above for up to 30 consecutive fiscal years, as specified. The bill would define "adaptive reuse investment incentive funds" to mean an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency from the taxation of that portion of the total assessed value of the real and personal property of an adaptive reuse project property that is in excess of the qualified adaptive reuse project property's valuation at the time of the proponent's initial request for funding. The bill would define terms for these purposes, and would make findings and declarations related to its provisions. 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, including charter cities. 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 specified reasons.

Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer, as defined, submits an application to the Department of Motor Vehicles (DMV) , as specified, and that application is approved. Existing law requires the department to adopt various specified regulations relating to autonomous vehicles, including, among others, testing, equipment, and performance standards that the department concludes are necessary to ensure the safe operation of autonomous vehicle on public roads. Commencing July 31, 2025, this bill would require a manufacturer of autonomous vehicles to report to the DMV a vehicle collision or disengagement, as defined, that occurs when a manufacturer's vehicle is operating in autonomous mode on California public roads regardless of whether the vehicle is in the testing or deployment phase. The bill would require these reports to contain specified information and to be submitted, at minimum, on an annual basis, as specified. The bill would require these reports to be submitted on timelines adopted by the DMV that do not exceed reporting deadlines required by the federal National Highway Traffic Safety Administration. The bill would additionally, commencing July 31, 2025, require a manufacturer to submit quarterly reports to the department that summarize the vehicle miles traveled, vehicle immobilizations, and certain traffic violations, as specified. The bill would, commencing July 1, 2025, require the DMV to maintain all reports submitted pursuant to the above-described provisions and make the reports available to local and state transportation authorities upon request. The bill would, commencing January 1, 2028, require the department to publish reports in an electronic, open, and machine-readable format on the department's internet website within 90 days of receipt, but would require the department to redact the personal information of any passengers, drivers, or other road users, and any information that divulges trade secrets identified by the autonomous vehicle manufacturer prior to releasing these reports. The bill would authorize the department to establish additional reporting requirements for purposes of these provisions by regulation. The bill would also authorize the department to establish and assess fees to recover costs reasonably incurred by the department for implementing these provisions by regulation. This bill would incorporate additional conforming changes and references to Section 38752 of the Vehicle Code as proposed to be added by AB 1777, to be operative only if this bill and AB 1777 are both enacted.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (hereafter the act) , 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 the records, books, and papers of a health care service plan and other specified entities to be open to inspection by the director of the department during normal business hours. This bill would instead require the records, books, and papers of a health care service plan and other specified entities to be open to inspection by the director, including through electronic means. The bill would require a plan and other specified entities to furnish in electronic media records, books, and papers that are possessed in electronic media and to conduct a diligent review of records, books, and papers and make every effort to furnish those responsive to the director's request. The bill would require records, books, and papers to be furnished in a format that is digitally searchable, to the greatest extent feasible. The bill would require records, books, and papers to be preserved until furnished, if requested by the department. The bill would authorize the director to inspect and copy these records, books, and papers, and to seek relief in an administrative law proceeding if, in the director's determination, a plan or other specified entity fails to fully or timely respond to a duly authorized request for production of records, books, and papers. Because a willful violation of these requirements would be a crime, the bill would impose a state-mandated local program. Existing law requires the department to conduct periodically an onsite medical survey of the health delivery system of each plan. Existing law requires the director to publicly report survey results no later than 180 days following the completion of the survey, and requires a final report to be issued after public review of the survey. Existing law requires the department to conduct a followup review to determine and report on the status of the plan's efforts to correct deficiencies no later than 18 months following release of the final report. This bill would state that nothing in those provisions prohibits the director from taking any action permitted or required under the act in response to the survey results before the followup review is initiated or completed, including, but not limited to, taking enforcement actions and opening further investigations. The bill would declare that these provisions are declaratory of and clarify existing law with regard to the director's enforcement authority. Existing law enumerates acts or omissions by a health care service plan that constitute grounds for disciplinary action by the director. This bill would add to those enumerated acts or omissions the failure by a health care service plan to respond fully or timely, or both, to a duly authorized request for production of records. 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 Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Existing law requires the Department of Health Care Access and Information to perform various duties with respect to implementing health professions scholarship and loan programs. This bill would, upon appropriation, establish the Community Assistance, Recovery, and Empowerment (CARE) Scholarship Program. The bill would require the department to administer the annual scholarship for purposes of increasing the number of culturally competent marriage and family therapists, clinical social workers, professional clinical counselors, and psychologists, as specified. The bill would require scholarship recipients to agree to work for county behavioral health agencies in meeting their needs and obligations to implement the CARE Act for a minimum of 3 years upon degree completion. The bill would require the department to post information related to the scholarship on its internet website.

Existing law requires that a weapon acquired by a specified governmental entity under specified circumstances, including as part of a "gun-buyback" program, be destroyed. This bill would require a law enforcement agency that contracts with a third party for the destruction of firearms or weapons to ensure that the contract for those services prohibits the sale of any parts of, or attachments to, the firearm or other weapon, as specified. The bill would also exempt from the destruction requirement, any firearm obtained through a "gun-buyback" program that is donated to a historical society, museum, or institutional collection, as specified. By requiring a higher level of service for local agencies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by SB 1019 and AB 2739 to be operative only if this bill and either one or both of those bills are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 prohibits certain persons who have been the subject of specified mental health determinations, including having been placed under conservatorship by a court, having been found mentally incompetent to stand trial, having been found not guilty of specified crimes due to reason of insanity, having been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness, or having been adjudicated to be a mentally disordered sex offender, from possessing or receiving a firearm, as specified. Existing law removes this prohibition from a person who was found mentally incompetent to stand trial but is subsequently restored to competence, as specified. This bill would, commencing on September 1, 2025, specify that this prohibition also applies to persons found mentally incompetent to stand trial in a postrelease community supervision or parole revocation hearing. This bill would incorporate additional changes to Section 8103 of the Welfare and Institutions Code proposed by SB 1002 and SB 1025 to be operative only if this bill and either one or both of those bills are enacted and this bill is enacted last.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law provides an exception to the license limitation for a county of the 6th class, as specified, for up to 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county until a total of 30 new licenses are issued. Existing law limits the total number of these licenses that may be concurrently held in each specified neighborhood. This bill would increase the total number of new licenses authorized under this provision from 30 to 40 and would increase, for 2 of the specified neighborhoods, the total authorized number of licenses for each neighborhood from 5 to 10 licenses. The bill would update certain census tract numbers to reflect splits made to those tracts in the 2020 Census and would additionally authorize the issuance of a license for a premises located in census tract 352020. Existing law requires an applicant for a neighborhood-restricted special on-sale general license to conduct a preapplication meeting with neighbors and members of the community, as specified, before submitting an application for a license. This bill would delete the preapplication meeting requirement. Existing law prohibits the holder of a neighborhood-restricted special on-sale general license from exercising the rights and privileges granted by an off-sale beer and wine license. This bill, commencing January 1, 2025, would instead authorize the exercise of specified off-sale privileges. The bill would prohibit the holder of a neighborhood-restricted special on-sale general license that was issued before January 1, 2025, from exercising those off-sale privileges unless the department approves a petition by the licensee, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.