Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law authorizes the commission to impose a surcharge, until December 31, 2032, to collect up to $150,000,000 per year for deposit into the CASF. Existing law requires the commission to establish specified accounts within the CASF, including the Broadband Infrastructure Grant Account to fund the deployment of broadband infrastructure and the Federal Funding Account to fund last-mile broadband projects, as specified. This bill would expressly authorize otherwise eligible wireless broadband service providers to receive funding from the Broadband Infrastructure Grant Account and the Federal Funding Account. The bill would, for purposes of the Federal Funding Account, require the commission to review completed applications within a review period, to document the basis for denial of an application, to authorize the amendment and resubmission of denied applications for consideration in a future review period, and to periodically establish an application deadline. The bill would, for purposes of the Federal Funding Account, authorize the commission to adopt affordability requirements for a recipient of a grant. This bill would incorporate additional changes to Section 281 of the Public Utilities Code proposed by AB 1426 to be operative only if this bill and AB 1426 are enacted and this bill is enacted last. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements 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. This bill would declare that it is to take effect immediately as an urgency statute.
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(1) Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission, in collaboration with relevant state agencies and stakeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state, as provided. This bill would authorize the commission to collect information from providers of broadband services at the address level. The bill would prohibit the commission from disclosing residential subscriber information, as provided. (2) The Digital Infrastructure and Video Competition Act of 2006 establishes a procedure for the issuance of state franchises for the provision of video service, defined to include video programming services, cable service, and open-video system service, administered by the commission. The act requires, among other things, the commission to collect granular data on the actual locations served by franchise holders. This bill would specify that actual locations include addresses.
(1) Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits "911" to be the primary emergency telephone number within the system. Existing law specifies provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law specifies that county mental health services should be organized to provide immediate response to individuals in precrisis and crisis and to members of the individual's support system on a 24-hour, 7-day-per-week basis and authorizes provision of crisis services offsite as mobile services. Existing federal law, the National Suicide Hotline Designation Act, designates the 3-digit telephone number "988" as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline maintained by the Assistant Secretary for Mental Health and Substance Abuse and the Veterans Crisis Line maintained by the Secretary of Veterans Affairs. This bill would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of Emergency Services to verify, no later than July 16, 2022, that technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout the state. The bill would require, no later than 90 days after passage of the act, the office to appoint a 988 system director, among other things. The bill would require, no later than July 1, 2024, the office to verify interoperability between and across 911 and 988. The bill would require the office to consult with specified entities on any technology requirements for 988 centers. This bill would require the California Health and Human Services Agency to create, no later than December 31, 2023, a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system. The bill would require that agency to convene a state 988 advisory group, as described, for purposes of advising the agency on the set of recommendations. The bill would require the agency to report annually, on or before December 31, beginning December 31, 2024, and until December 31, 2029, to the Legislature on the status of 988 implementation in the state, as described. The Administrative Procedure Act generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. The bill would provide that regulations and other similar instruments made pursuant to these provisions by the Office of Emergency Services and the California Health and Human Services Agency are not subject to the rulemaking provisions of the Administrative Procedure Act. (2) 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 contract or disability insurance policy issued, amended, or renewed on or after January 1, 2021, to provide coverage for medically necessary treatment of mental health and substance use disorders, as defined, under the same terms and conditions applied to other medical conditions. This bill would require health care service plans and insurers to cover medically necessary treatment of a mental health or substance use disorder, including behavioral health crisis services, provided by a 988 center or mobile crisis team, regardless of whether the service is provided by an in-network or out-of-network provider, at the in-network cost-sharing amount, as defined. By creating a new crime under the Knox-Keene Act, this bill would impose a state-mandated local program. (3) Existing law, the Emergency Telephone Users Surcharges Act, generally imposes a surcharge on each access line for each month or part thereof for which a service user subscribes with a service supplier, at an amount no greater than $0.80, based on the Office of Emergency Services' estimate of the number of access lines to which the surcharge will be applied per month for a calendar year period that it estimates, pursuant to a specified formula, will produce sufficient revenue to fund the current fiscal year's 911 costs. Existing law imposes a surcharge on the purchase of prepaid mobile telephony services at the time of each retail transaction in this state, at the rate equal to the monthly surcharge amount per access line, to be paid by prepaid consumers and collected by sellers, as defined. Existing law exempts certain lines from the surcharge, including lines supplying lifeline service. Existing law requires the surcharge to be remitted to, and administered by, the California Department of Tax and Fee Administration, in accordance with specified provisions. Existing law makes certain violations of the Emergency Telephone Users Surcharge Act a crime. Existing law requires amounts to be paid to the state pursuant to the Emergency Telephone Users Surcharge Act to be deposited into the State Emergency Telephone Number Account and that the amounts deposited, upon appropriation by the Legislature, be spent solely for specified purposes, including payment for the installation of, and ongoing expenses for, a basic system. This bill would create a separate surcharge, beginning January 1, 2023, on each access line for each month or part thereof for which a service user subscribes with a service supplier. The bill would set the 988 surcharge for the 2023 and 2024 calendar years at $0.08 per access line per month and, for years beginning January 1, 2025, at an amount based on a specified formula, but no greater than $0.30 per access line per month. This bill would make applicable relevant provisions of the Emergency Telephone Users Surcharge Act to the 988 surcharge, as provided, including existing surcharge exemptions. The bill would authorize the 911 and 988 surcharges to be combined into a single-line item, as described. The bill would provide for specified costs to be paid by the fees prior to distribution to the Office of Emergency Services. The bill would make conforming changes in regard to the 988 surcharge. This bill would create the 988 State Suicide and Behavioral Health Crisis Services Fund and would require the fees to be deposited along with other specified moneys into the fund. The bill would provide that the funds be used, upon appropriation by the Legislature, for specified purposes and in accordance with specified priorities. The bill would require the Office of Emergency Services to require an entity seeking moneys available through the fund to annually file an expenditure and outcomes report containing specified information. (4) This bill would appropriate $300,000 from the General Fund to the 988 State Suicide and Behavioral Health Crisis Services Fund for expenditure by the California Department of Tax and Fee Administration in the 2022–23 fiscal year for purposes of implementing the amendments to the Emergency Telephone Users Surcharge Act. (5) This bill would incorporate additional changes to Section 41100 of the Revenue and Taxation Code proposed by SB 1496 to be operative only if this bill and SB 1496 are enacted and this bill is enacted last. (6) By expanding the scope of crimes imposed by the Emergency Telephone Users Surcharge Act, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. Existing law creates the Agricultural Labor Relations Board and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor. Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require for both alternative procedures that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. This bill would repeal the above provisions on January 1, 2028. This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances. Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside. This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal bond in the amount of the entire economic value of the order, as specified, and would provide for the bond to be forfeited under specified conditions. This bill would state that its provisions are severable. 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 federal law, the Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. Existing state law creates the California Health Benefit Exchange (Exchange) , also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Under existing regulations, an individual may enroll in a plan through the Exchange in a special enrollment period that is triggered if the individual loses other coverage due to termination of employment or reduction in the number of hours of employment. Existing law requires the Exchange, until January 1, 2023, to administer a program to provide health care coverage financial assistance to California residents with household incomes at or below 600% of the federal poverty level. This bill, upon appropriation by the Legislature, would require the Exchange to administer a program of financial assistance beginning July 1, 2023, to help Californians obtain and maintain health benefits through the Exchange if they lose employer-provided health care coverage as a result of a labor dispute. Under the bill, if specified eligibility requirements are met, an individual who has lost minimum essential coverage from an employer or joint labor management trust fund as a result of a strike, lockout, or other labor dispute would receive the same premium assistance and cost-sharing reductions as an individual with a household income of 138.1% of the federal poverty level, and, beginning January 1, 2024, would also not pay a deductible for any covered benefit if the standard benefit design for a household income of 138.1% of the federal poverty level has zero deductibles. (2) The Personal Income Tax Law, in modified conformity with federal law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. This bill would exclude from gross income any subsidy amount received pursuant to the above-described program of financial assistance.
Existing law authorizes the Public Utilities Commission to supervise and regulate every public utility in the state, including telephone corporations, and to fix just and reasonable rates and charges for public utilities. Existing law establishes the state's 6 universal service funds in the State Treasury, including the California High-Cost Fund-A Administrative Committee Fund and the California High-Cost Fund-B Administrative Committee Fund, and provides that moneys in each of the state's universal service funds are the proceeds of rates and are held in trust for the benefit of ratepayers and to compensate telephone corporations for their costs of providing universal service. Moneys in the funds may only be expended to accomplish specified telecommunications universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation. Existing law, until January 1, 2023, requires the commission to maintain the California High-Cost Fund-A Administrative Committee Fund (the CHCF-A program) to provide universal service rate support to small independent telephone corporations, as defined, in certain amounts in furtherance of the state's universal service commitment to the continued affordability and widespread availability of safe, reliable, high-quality communications services in rural areas of the state. Existing law, until January 1, 2023, requires the commission to develop, implement, and maintain a suitable, competitively neutral, and broad-based program to establish a fair and equitable local rate support structure aided by universal service rate support to telephone corporations serving areas where the cost of providing services exceeds rates charged by providers, as determined by the commission (the CHCF-B program) . This bill would extend the CHCF-A program and CHCF-B program requirements to January 1, 2028. Under existing law, a violation of the Public Utilities Act or an order or direction of the commission is a crime. Because the CHCF-A program and CHCF-B program, that are extended under the provisions of this bill, are within the act and a decision or order of the commission implements the programs' requirements, the bill would impose a state-mandated local program by expanding the definition of a crime. 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 requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase an agricultural product grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the California-grown agricultural product is comparable. Existing law also requires the institutions, when they solicit or intend to accept a bid or price for agricultural products grown outside the state, to accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state when specified conditions are met, including that the bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 5% the lowest bid or price for the agricultural product packed or processed outside the state. Existing law requires a school district that solicits bids for the purchase of an agricultural product to accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state when the bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state and the quality of the California-grown agricultural product is comparable. Under existing law, these provisions only apply to a contract to purchase agricultural products for a value that is less than the value of the threshold for supplies and services for which California has obligated itself under the Agreement on Government Procurement of the World Trade Organization. This bill would revise and recast these provisions. The bill would instead require a California state-owned or state-run institution that purchases agricultural food products, as defined, to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. The bill would provide that this goal does not apply to local educational agencies and the segments of public postsecondary education. The bill would change the above-described requirement for school districts to apply to the purchase of a domestic agricultural food product that is grown outside the state, instead of an agricultural product that is grown outside of the state, and would expand the application of this requirement from school districts to local educational agencies. The bill would eliminate the above-described preference for in-state vendors. The bill would provide that the bill's provisions neither limit nor expand California's obligations under the Agreement on Government Procurement of the World Trade Organization. By creating new duties for local educational agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 Department of Technology within the Government Operations Agency, which is supervised by the Director of Technology. Existing law charges the director and the department with various duties in creating and managing the information technology policy of the state. This bill would require the department, by January 1, 2024, in consultation with the public, the Public Utilities Commission, and the California Broadband Council, to develop a state digital equity plan. The bill would require the plan to include, among other things, the identification of barriers to digital equity faced by specified populations, including, among other barriers, the availability and affordability of access to fixed and wireless broadband technology. The bill would additionally require the plan to include measurable objectives for documenting and promoting digital equity among those populations and an assessment of existing digital navigator programs, as specified. The bill would require the department, to the extent practicable, to obtain all available federal funding for purposes of developing and implementing the plan.
Existing law requires the State Department of Public Health to license, inspect, and regulate skilled nursing facilities, as defined, and prohibits a person, firm, partnership, association, corporation, or political subdivision of the state, or other governmental agency within the state from operating, establishing, managing, conducting, or maintaining a skilled nursing facility in this state, without first obtaining a license from the department. Existing law prohibits a person from acquiring a beneficial interest of 5% or more in any corporation or partnership licensed to operate a skilled nursing facility, or in any management company under contract with a licensee of a skilled nursing facility, or from becoming an officer or director of, or general partner in, a corporation, partnership, or management company without the prior written approval of the department. Existing law requires a licensee for a skilled nursing facility to provide written notice of a proposed change in licensee or management company to all residents of the facility and their representatives at least 90 days prior to a finalization of the sale, transfer of operation, or other change or transfer of ownership interests, except as specified. Existing law requires an applicant for a skilled nursing facility or intermediate care facility to submit certain information to the department, such as the name and address of a parent organization if the applicant is a subsidiary of another organization, and report any changes to that information within 30 days. Existing law imposes criminal penalties on a person who violates the licensing and regulatory requirements imposed on skilled nursing facilities. This bill would prohibit a person or an applicant for licensure from acquiring, operating, establishing, managing, conducting, or maintaining a freestanding skilled nursing facility without first obtaining a license from the department for that purpose. The bill would also apply the licensure requirement to a change of ownership or a change in management of such a facility. The bill would specify the requirements to apply for a license, after July 1, 2023, including evidence that the applicant is reputable and responsible to assume the license or management and evidence of specified financial capacity, and, if the applicant is part of a chain, providing a diagram indicating the relationship between the applicant and the persons or entities, as defined, that are part of the chain. The bill would require an applicant for a skilled nursing facility or intermediate care facility to report any changes in information in an application 30 days prior to that change, except as specified. The bill would make all applications prepared in relation to these provisions public records, except as specified under any applicable federal or state privacy laws. The bill would authorize or require the department to deny an application for licensure, or to revoke a license, under certain circumstances. By expanding the duties on licensees, this bill would expand an existing crime, thereby imposing a state-mandated local program. The bill would authorize the department to take specified actions, including imposing civil penalties, if an applicant acquires, operates, establishes, manages, conducts, or maintains a skilled nursing facility before the department acts on its application or following the denial of its application, or if the person does not first apply to the department for a license. The bill would specify that its provisions do not preclude the department from taking additional state or federal enforcement actions, as specified, including misdemeanor penalties for willful or repeated violations. The bill would require the department to ensure a facility's operation is transitioned to a qualified operator, following the denial of an application. The bill would authorize the department, subsequent to licensure, to assess a civil penalty of $10,000 for a material violation of these provisions. The bill would specify that its provisions do not apply to a skilled nursing facility operated as a distinct part of an acute care hospital or to a receiver or temporary manager appointed in accordance with other laws. The bill would require the department to convene a stakeholder group on or before April 1, 2023, to determine the feasibility of establishing a new methodology to calculate application fees. 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 Nursing Practice Act, provides for the licensure and regulation of registered nurses, including nurse practitioners and certified nurse-midwives, by the Board of Registered Nursing. Existing law makes a violation of this act a crime. In order to perform an abortion by aspiration techniques under the act, a person with a license or certificate to practice as a nurse practitioner or a certified nurse-midwife is required to complete board-recognized training and adhere to standardized procedures that specify, among other conditions, the extent of supervision by a physician and surgeon with relevant training and expertise. This bill would revise those provisions by requiring, in order to perform abortion by aspiration techniques, a person with a license or certificate to practice as a nurse practitioner practicing pursuant to a standardized procedure, to practice as a certified nurse-midwife, or to practice as a qualified nurse practitioner functioning pursuant to certain advanced practice provisions to achieve clinical competency by successfully completing requisite training, as specified, in performing these procedures, as provided by certain board-approved programs, courses, and trainings. This bill would authorize a nurse practitioner who has completed training required by these provisions and who is functioning pursuant to certain advanced practice provisions to perform an abortion by aspiration techniques without supervision by a physician and surgeon. The bill would require a nurse practitioner to practice abortion by aspiration techniques consistent with applicable standards of care and within the scope of their clinical and professional education and training. By expanding the application of a crime, the bill would impose a state-mandated local program. Existing law provides that it is unprofessional conduct for a nurse practitioner or certified nurse-midwife to perform an abortion by aspiration techniques without prior completion of training and validation of clinical competency. This bill would instead make a violation of the above-described provisions by a nurse practitioner or certified midwife unprofessional conduct. This bill would also prohibit certain persons authorized to perform abortion by aspiration techniques from being punished, held liable for damages in a civil action, or denied any right or privilege for any action relating to the evaluation of clinical competency of a nurse practitioner or certified nurse-midwife, as specified. 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.