Asm. Bill Quirk

This measure would proclaim the week of March 1, 2020, to March 7, 2020, inclusive, as Women in Construction Week.

(1) Existing law, the Childhood Lead Poisoning Prevention Act of 1991, establishes the Childhood Lead Poisoning Prevention Program (Program) , which is administered by the State Department of Public Health. Existing law requires the department to adopt regulations establishing a standard of care, at least as stringent as the most recent federal Centers for Disease Control and Prevention screening guidelines. Existing law provides that the standard of care shall require a child who is determined to be at risk for lead poisoning to be screened. Existing law requires the regulations to include the determination of specified risk factors, including a child's time spent in a home, school, or building built before 1978. Existing law requires the department to develop the regulations, in consultation with specified individuals, including medical experts, and environmental experts, and to develop the regulations by July 1, 2019. This bill would add several risk factors to be considered as part of the standard of care specified in regulations, including a child's residency in or visit to a foreign country, or their residency in a high-risk ZIP Code, and would require the department to develop, by January 1, 2021, the regulations on the additional risk factors, in consultation with the above-specified individuals. (2) Existing law requires the department to ensure appropriate case management for children who have been identified with lead poisoning, and authorizes the department to contract with any public or private entity, including any local agency, to perform that duty. This bill would require the department to update its formula for allocating funds to any local agency that contracts with the department to administer the Program, and to revise funding allocations before each contract cycle.

This measure would recognize the week of February 16, 2020, to February 22, 2020, as Engineers Week.

This measure would recognize February 2020 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice, and recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.

The California Constitution requires the Legislature to convene in regular session on specified dates and provides that a majority of the membership constitutes a quorum, although a lesser number may recess from day to day and compel the attendance of absent members. The California Constitution requires the proceedings of each house of the Legislature to be open and public and recognizes the right of the public to attend, record, and broadcast those proceedings. The California Constitution authorizes the Legislature to provide for the convening of the Legislature to meet the needs resulting from a war-caused or enemy-caused disaster in the state. This measure would permit Members to remotely attend and vote in a legislative proceeding, or to vote by proxy in a legislative proceeding if permitted by their house, during the pendency of a state of emergency declared by the Governor or the President of the United States, under specified conditions. The measure would provide, among other conditions, that a Member may remotely attend and vote, or vote by proxy as authorized, in a proceeding only if the state of emergency prevents the Member from safely attending the proceeding in person. The measure would also provide that a Member attending remotely would be included in the determination of a quorum. The measure would provide that if 15 or more of the Members of a house cannot attend a proceeding during a state of emergency because they are deceased, disabled, or missing, a quorum may be established by a majority of those Members able to attend. The measure would specify that the Legislature may provide by statute for temporarily filling the vacant offices of Members with pro tempore members in the event that 15 or more of the Members of a house are deceased, disabled, or missing during a state of emergency. The measure would require the Legislature by concurrent resolution, or each house by separate resolutions, 23 of the membership concurring, to adopt rules to implement this provision no later than the end of the biennial legislative session in which this measure takes effect, except as specified.

Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a course of instruction and training for specified peace officers on the topic of hate crimes. Existing law requires that training to be implemented into the basic course and requires, as specified, all state and local law enforcement agencies to provide the training to all peace officers they employ. This bill would require POST to develop and periodically update an interactive refresher course on hate crimes for in-service peace officers, and require specified peace officers to take the course every 5 years.

Existing law, the Childhood Lead Poisoning Prevention Act of 1991, establishes the Childhood Lead Poisoning Prevention Program (Program) , which is administered by the State Department of Public Health. Existing law requires the department to collect and analyze information to monitor appropriate case management efforts, to prepare a biennial report on the effectiveness of those efforts, and to post the report on the department's internet website. Existing law requires the report to include specified information, including the total number of children tested for lead poisoning in each county, identified sources of lead exposure for those children having lead poisoning, and whether the sources of lead exposure identified in, on, or around a residence or location associated with a child with lead poisoning have been removed, remediated, or abated. This bill would require the department to design, implement, and maintain an online lead information registry on the department internet website that enables the public to determine the lead inspection and abatement status for properties, and to use information it maintains for the registry to the extent that the department ensures that any personally identifying information is made unavailable to the public.

(1) For purposes of state apportionments to public schools, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of a specified event, including an epidemic, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred. This bill would revise the above-described triggering event to be an epidemic, pandemic, or outbreak of infectious disease, and would provide that the various specified triggering events apply to decreases in average daily attendance due to illness, quarantine, social isolation, and social distancing, absences taken as preemptive measures, independent study and distance learning requests, and pupils who are absent due to quarantine, but cannot provide the appropriate documentation. Existing law requires each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil, as defined, one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes them to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil. The Charter Schools Act of 1992 requires a charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided. This bill would require each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday, except for family daycare homes that are required to be reimbursed for 75% of the meals served. The bill would require a charter school also to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday. The bill would require meals to be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. A tenant is subject to an unlawful detainer action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease or rental agreement by defaulting on rent. A landlord commences an unlawful detainer action by filing and serving the defendant with a complaint. The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. This bill would, during a state-declared state of emergency, establish a moratorium of the collection of rent from a tenant that is a small business and a moratorium on the filing of an unlawful detainer action due to a default in the payment of rent against a small business, as defined. (3) Under the Small Business Financial Assistance Act of 2013, the California Infrastructure and Economic Development Bank, within the Governor's Office of Business and Economic Development, administers specific programs relating to small business, either administered directly by the bank or under contract with small business financial development corporations. This bill would require the California Infrastructure and Economic Development Bank, during a state-declared public health state of emergency or a prolonged medical emergency or natural disaster, to provide zero-interest rate loans directly to small businesses and nonprofit organizations affected by the emergency or disaster, as specified, from the California Small Business Expansion Fund, a continuously appropriated fund. The bill would require the bank to establish an application process and a selection criteria for the loans awarded pursuant to these provisions. (4) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. Existing law requires an employee to accrue paid sick days at the rate of not less than one hour per every 30 hours worked subject to specified use and accrual limitations. This bill, in the event of a state-declared public health state of emergency, including the COVID-19 pandemic, would provide each employee with paid sick days for immediate use, regardless of how long the employee has been employed. The bill would provide a full-time salaried employee paid sick days in an amount sufficient to provide the employee with 14 continuous days away from work, and would provide a part-time or hourly employee with paid sick days in an amount equal to the number of hours that the employee was scheduled to work, or, if not scheduled to work, regularly works in a 14-day period, as specified. The bill would authorize an employee to use those paid sick days to care for a family member affected by the public health crisis, to care for a child because of a school closing related to the public health crisis, or because the employee has been affected by the public health crisis. This bill would, upon appropriation by the Legislature, require the Department of Industrial Relations to establish a program to provide paid sick days for family care and medical leave due to a public health crisis to independent contractors and day laborers. The bill would require the program to provide paid sick days in an amount equal to the number of hours that the independent contractor or day laborer was scheduled to work or, if not scheduled, regularly works in a 14-day period, as specified. The bill would require the department to establish an application process for independent contractors and day laborers to apply for the paid sick days provided under these provisions. (5) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, gas corporations, and water corporations. Existing law prohibits an electrical, gas, or water corporation from terminating residential service (A) during the pendency of an investigation by the utility of a customer or subscriber dispute or complaint, (B) when a customer has been granted an extension of the period for payment of a bill, or (C) on the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the utility with respect to all charges that the customer is unable to pay prior to delinquency. Existing law requires that a customer that meets the requirements of (C) , upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. Existing law requires that a residential customer who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, be given an opportunity for review of the request by a review manager of the utility and that the review include consideration of whether the customer will be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. Existing law prohibits termination of the service of any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. Existing law authorizes the furnishing of utility services by publicly owned entities that are subject to control by their governing bodies, including municipal corporations, municipal utility districts, and public utility districts. Existing law places restrictions upon a municipal corporation, municipal utility district, or public utility district that provides light, water, power, or heat from terminating service identical to those above-described restrictions that are applicable to electrical, gas, and water corporations. This bill would prohibit an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, or public utility district from terminating residential or small commercial electrical, gas, or water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster, as defined, for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements. The bill would require those utilities, following a state of emergency or major disaster, to include a notice in the first 3 billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The bill would require the utility to grant an extension or amortization request if the residential or small commercial customer represents to the utility that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster and that as a result the customer is unable to pay for service in full within the normal period for payment. The bill would prohibit the utility from terminating the service of any customer complying with an amortization agreement or other extension, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first 3 billing statements made following the state of emergency or major disaster. 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 certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements with respect to an electrical, gas, or water corporation would be a crime, the bill would impose a state-mandated local program by creating a new crime. By placing additional requirements upon municipal corporations, municipal utility districts, and public utility districts, the bill would impose a state-mandated local program. (6) The Irrigation District Law authorizes the formation of irrigation districts and authorizes those districts to provide various utility services, including providing water service and the generation, transmission, distribution, and sale of electricity for use inside or outside the boundaries of the district. Existing law authorizes an irrigation district to refuse service to any land if outstanding charges for services already rendered to that land have not been paid within a reasonable time. Existing law authorizes the formation of municipal water districts, county water districts, and California water districts and authorizes those districts to adopt ordinances fixing the charges for the furnishing of commodities or services, to enforce district rules or regulations pertaining to the sale or distribution of water, and to petition the superior court for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in an ordinance, rule, or regulation. This bill would prohibit an irrigation district from terminating residential or small commercial electrical or water service, and would prohibit a municipal water district, county water district, or California water district from terminating residential or small commercial water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements, which are identical to the obligations and restrictions that the bill places upon an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, and public utility district. (7) This bill would declare that its provisions are severable. (8) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.