Existing law generally requires the licensure and regulation of various health care facilities, including, among others, a hospice facility. The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits specified criminal penalties from being imposed on a patient or a patient's primary caregiver who possesses or cultivates cannabis for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, known as the Medical Marijuana Program, requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. This bill, the Compassionate Access to Medical Cannabis Act or Ryan's Law, would require specified types of health care facilities to allow a terminally ill patient's use of medicinal cannabis within the health care facility, subject to certain restrictions. The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. The bill would provide that compliance with the bill would not be a condition for obtaining, retaining, or renewing a license as a health care facility. The bill would require that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and would make those facilities subject to enforcement actions by the State Department of Public Health. The bill would authorize a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes specified actions, including initiating an enforcement action against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.
Sponsored bills
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided. This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a state-mandated local program. This bill would also make conforming changes. (2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner. This bill, among other things, would instead provide that fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain the 100 feet of defensible space. This bill would also require the Director of Forestry and Fire Protection to establish a statewide program to allow qualified entities, as defined, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts and to establish a common reporting platform for participating qualified entities to report defensible space and home hardening assessment data to the department. The bill would repeal this provision on January 1, 2026. Existing law requires the Office of the State Fire Marshal to develop a model defensible space program that is required to be made available for use by a city, county, or city and county in the enforcement of the above defensible space provisions. The program is required to have specified components, including general guidelines for creating and maintaining defensible space around structures, as provided. This bill would also include as a component of the model defensible space program, provisions for fuel modifications beyond the property line, as provided. The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to propose specified fire protection building standards in fire hazard severity zones, including very high fire hazard severity zones, in state responsibility areas. This bill would require the State Fire Marshal and the Department of Housing and Community Development to propose, and the State Building Standards Commission to adopt, expanded application of the above-described specified building standards to high fire hazard severity zones. The bill would also require the State Fire Marshal and the Department of Housing and Community Development to consider, if it is appropriate, expanding application of these building standards to moderate fire hazard severity zones. This bill would also make other related changes. (3) Existing law appropriates specified moneys to the Department of Forestry and Fire Protection for purposes of healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires and to complete prescribed fire and other fuel reduction projects, as provided. This bill would require, on or before January 1, 2026, the department, in consultation with the State Air Resources Board and the Wildfire and Forest Resilience Task Force, to report to the relevant fiscal and policy committees of the Legislature on moneys spent pursuant to the above provision, as provided. The bill would require the department to annually appear, until January 1, 2030, before specified legislative committees to provide information on the outcomes of completed projects relating to healthy forest and fire prevention programs, as provided. (4) Existing law requires the Department of Forestry and Fire Protection to establish a local assistance grant program for fire prevention activities in the state. Existing law requires the local assistance grant program to establish a robust year-round fire prevention effort in and near fire threatened communities. Exiting law requires that the eligible activities include, among other things, fire prevention activities, as provided. Existing law permits the Director of Forestry and Fire Protection to authorize advance payments, not exceeding 25% of the total grant award, from a grant awarded pursuant to the local assistance grant program. This bill, among other things, would specify that the above-described fire prevention effort in and near fire threatened communities focus on increasing the protection of people, structures, and communities, as provided. The bill would define "fire threatened communities" as provided. The bill would specifically include vegetation management along roadways and driveways to reduce fire risk, public education outreach regarding making homes and communities more wildfire resilient, projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers, and developing a risk reduction checklist for communities as part of the eligible activities, among other things, as provided. The bill would authorize an advance payment not to exceed either 50% of the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment. This bill would require the department to develop and implement a training program, as provided, to train individuals to support and augment the department in its defensible space and home hardening assessment and public education efforts. The bill would require the department to issue a certification of completion to individuals who have successfully completed the training program. The bill would repeal these provisions on January 1, 2026. (5) This bill would incorporate additional changes to Sections 51177, 51178, 51178.5, and 51182 of the Government Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 13108.5 of the Health and Safety Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 4291 of the Public Resources Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. (6) 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.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones, as provided. Existing law requires a local agency, within 30 days of receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review. This bill would require the director to also identify areas in the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to classify areas into fire hazard severity zones, as provided. The bill would instead require a local agency, within 30 days of receiving a transmittal from the director that identifies fire hazard severity zones, to make the information available for public review and comment. Because the bill would impose additional duties on local agencies, this bill would impose a state-mandated local program. (2) Existing law creates in the Office of the State Fire Marshal a State Board of Fire Services to succeed to all the powers, duties, and responsibilities of the former State Fire Advisory Board. Existing law requires the board to consist of members, including, among others, the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection, the Director of Emergency Services, and the Chairperson of the California Fire Fighter Joint Apprenticeship Program. This bill would require the Director of Forestry and Fire Protection to appoint a cultural burning liaison. The bill would require the cultural burning liaison to, among other duties, serve on the State Board of Fire Services and to advise the Department of Forestry and Fire Protection on developing increased cultural burning activity. (3) Existing law authorizes the Director of Forestry and Fire Protection to enter into an agreement, including a grant agreement, for prescribed burning operations or other hazardous fuel reduction efforts, with any person for specified purposes. Existing law requires the agreement to designate an officer of the Department of Forestry and Fire Protection or a certified burn boss with the final authority regarding the prescribed burn operation and to specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for a certification program for burn bosses. This bill would require the State Fire Marshal, on or before July 1, 2023, to develop a proposal to establish a prescribed fire training center, as provided. This bill would require the department, on or before July 1, 2023, to make recommendations on how to understand and model wildfire risk for a community and specific parcels. The bill would require the department to establish an advisory workgroup and would require the department to consult with the advisory workgroup, as specified, in the development of the recommendations. The bill would require the department to post the recommendations on the department's internet website. The bill would repeal these provisions on January 1, 2025. Existing law requires the department to actively engage certain entities to enhance its public education efforts regarding fire prevention and public safety. This bill would additionally require the department to actively engage those entities, relevant California State Universities, California Native American tribes, tribal organizations, and cultural fire practitioners to enhance its public education efforts regarding restoring fire processes and function, and cultural burning, as defined. Existing law authorizes an entity that controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the department for permission to use prescribed burning for certain public purposes. This bill would require the department, in issuing the permit, to consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions for the prescribed burn. The bill would require the department, to the extent feasible, to employ burn suspensions at the unit level and not at the state or regional level to not unreasonably restrict prescribed burnings that are within prescription. The bill would require the department to develop and deploy an automated system for issuing burn permits. Existing law authorizes prescribed burning, mastication, herbicide application, mechanical thinning, or other vegetative treatments of chaparral or sage scrub only if the department finds the activity will not cause "type conversion" away from the chaparral and coastal sage scrub currently on site. This bill would authorize the department to order remediation for any type conversion caused in violation of the above provision. This bill would require the department to take into consideration the salary, classification, and recruitment efforts for its personnel that conducts fuel reduction to fill vacancies and retain seasoned fuel reduction experts, and engage in recruitment efforts with California Native American tribes, tribal organizations, and cultural fire practitioners to fill vacancies in positions that engage in fuel reduction on behalf of the department. (4) This bill would incorporate additional changes to Sections 51178 and 51178.5 of the Government Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. (5) 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.
(1) Existing law establishes the State Department of Public Health (department) to implement various programs throughout the state relating to public health, including licensing and regulating health facilities and control of infectious diseases. Existing law requires the department and the Office of Emergency Services, in coordination with other state agencies, to, upon appropriation and as necessary, establish a personal protective equipment (PPE) stockpile. Existing law requires the department to establish guidelines for the procurement, management, and distribution of PPE, taking into account, among other things, the amount of each type of PPE that would be required for all health care workers and essential workers, as defined, in the state during a 90-day pandemic or other health emergency. This bill would specifically include wildfire smoke events among health emergencies for these purposes. The bill would include agricultural workers, as defined, in the definition of essential workers. Existing law also establishes the Personal Protective Equipment Advisory Committee (committee) , consisting of representatives from, among other groups, an association representing skilled nursing facilities, a statewide association representing physicians, 2 representatives of labor organizations that represent health care workers, and 2 representatives of labor organizations that represent essential workers, as defined, to make recommendations to the department for the development of guidelines for the procurement, management, and distribution of PPE, as specified. This bill would require the committee to include a representative of a labor organization representing agricultural workers and a representative of an organization that represents agricultural employers. The bill would also require the department to report to the Legislature regarding the PPE stockpile within 6 months of the effective date of these provisions. (2) Existing law establishes the Division of Occupational Safety and Health and the Occupational Safety and Health Standards Board within the Department of Industrial Relations and sets forth their powers and duties relating to the adoption of health and safety standards for workers. Under existing law, certain violations of a standard, order, or special order pursuant to these provisions are crimes. Existing regulations of the division protect employees exposed to wildfire smoke and include control by respiratory protective equipment among the methods to control harmful exposure. This bill would require the division to review and update the contents of the protection from wildfire smoke training and thereafter post it on its internet website. The bill would require that training provided by the employer is required to be in a language and manner readily understandable by employees, taking into account their ethnic and cultural backgrounds and education levels, including the use of pictograms, as necessary. Because a violation of certain safety and health standards or orders constitutes a crime, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law vests the Department of Transportation with full possession and control of all state highways and all property and rights on property acquired for state highway purposes. Various provisions of existing law specifically provide for the acquisition, transfer, and use of property owned by the department. This bill would authorize the department, upon terms, standards, and conditions approved by the California Transportation Commission, to transfer the Blues Beach property located in the unincorporated community of Westport in the County of Mendocino at no cost to a qualified nonprofit corporation, which the bill would define as a nonprofit corporation that is organized by one or more specified California Native American tribes for the purpose of environmental protection. The bill would require a nonprofit corporation that is transferred the Blues Beach property to be responsible for the future maintenance of the property, would require the property to only be used to provide public access, maintain natural habitat, and protect Native American cultural resources, and would require the property to revert to the department if the property is not maintained.
Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. Existing law, the California Global Warming Solutions Act of 2006, requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. Existing law establishes the Natural Resources Agency, composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the state's natural and cultural resources. Existing law requires the agency to update the state's climate adaptation strategy, known as the Safeguarding California Plan, every 3 years. This bill would require, no later than July 1, 2023, the Natural Resources Agency, in coordination with the California Environmental Protection Agency, the state board, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the state's climate goals. The bill would require the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond. This bill would require, no later than July 1, 2023, the Natural Resources Agency to establish and maintain a registry for the purposes of identifying and listing projects in the state that drive climate action on the state's natural and working lands and are seeking funding from state agencies or private entities. The bill would authorize the agency, in collaboration with relevant state agencies, to create an application process for applicants to have their projects located in the state listed on the registry, as specified. The bill would require the agency to establish a mechanism for retiring the listing of a project from the registry once it is funded and tracking the outcome of the project to ensure it is completed. The bill would require project proponents to notify the agency when a project is completed and provide monitoring and reporting data for the duration of the contract terms of the project. The bill would require the agency to track carbon removal and greenhouse gas emission reduction benefits derived from projects funded through the registry. The bill would authorize the agency to contract with a third-party organization to develop and operate the registry.
(1) Existing law establishes in the Natural Resources Agency the Department of Conservation. This bill would establish in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. The bill would require, among other things, the department, upon an appropriation by the Legislature, to provide block grants to regional entities, as defined, to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program. The bill would require the department, upon an appropriation by the Legislature, to provide block grants to eligible coordinating organizations, as defined, to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state. The bill would also require the department to publish and update information on program implementation, as specified, on its internet website. (2) Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency and establishes the State Board of Forestry and Fire Protection within the department. Existing law requires the department to administer fire prevention programs and activities and requires the state board to adopt regulations implementing minimum fire safety standards. Existing law establishes within the department the Office of the State Fire Marshal and requires the office to foster, promote, and develop ways and means of protecting life and property against fire and panic. This bill would establish in the office the Deputy Director of Community Wildfire Preparedness and Mitigation and would require the deputy director to be responsible for fire preparedness and mitigation missions of the department, as specified. The bill would require the deputy director and any subordinate employee to be primarily assigned to the responsibilities established above and would require them to be the lowest priority employees of the department for purposes of fire incident support duties. The bill would require the State Fire Marshal, on or before January 1, 2023, to provide the Legislature with a report identifying known personnel and resource shortfalls in implementing programs and activities overseen by the deputy director, as described above. The bill would require the office to establish a specified advisory committee and a certain program relating to wildfire mitigation, as provided. This bill would transfer and delegate certain duties related to fire safety and wildfire prevention from the Department of Forestry and Fire Protection and the Director of Forestry and Fire Protection to the Office of the State Fire Marshal and the State Fire Marshal, as provided. The bill would require the office to have access to all resources of the department in carrying out its mission. (3) Existing law makes promulgation of specified regulations and the update of a fuels management guidance document relating to ember-resistant zones contingent upon an appropriation by the Legislature for these purposes, as provided. Existing law requires the performance of specified tasks relating to ember-resistant zones contingent upon an appropriation by the Legislature for this purpose. This bill would delete the contingency language described above. (4) This bill would incorporate additional changes to Sections 51177 and 51182 of the Government Code, Section 13108.5 of the Health and Safety Code, and Section 4291 of the Public Resources Code proposed by SB 63 to be operative only if this bill and SB 63 are enacted and this bill is enacted last. The bill would incorporate additional changes to Sections 51178 and 51178.5 of the Government Code proposed by both SB 63 and AB 642 to be operative only if this bill and either SB 63 or AB 642, or both, are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 8386.3 of the Public Utilities Code proposed by SB 694 to be operative only if this bill and SB 694 are enacted and this bill is enacted last.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes licensed winegrowers and brandy manufacturers to exercise their license privileges away from their licensed premises at, or from, branch offices or warehouses or United States bonded wine cellars located away from the place of production or manufacture, subject to specified exceptions. One of the exceptions to this authorization is the sale or delivery of wine to consumers in containers supplied, furnished, or sold by the consumer. This bill would delete the exception to the authorization applicable to winemakers, as described above, and would thus allow them to sell and deliver wine to consumers in containers supplied, furnished, or sold by the consumer away from their licensed premises.
This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.
This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.