Asm. Robert Rivas

(1) Existing law establishes the State Department of Education in state government, and vests the department with specified powers and duties relating to the state's public school system. This bill would authorize local educational agencies to report to the department their pupils' estimated needs for computing devices and internet connectivity adequate for at-home learning. The bill would require the department, in consultation with the Public Utilities Commission, to compile that information and to annually post that compiled information on the department's internet website. (2) Existing law expressly authorizes a county service area to acquire, construct, improve, maintain, and operate broadband internet access services, and requires a county service area that does so to take certain actions regarding the accessing of content on the internet by end users of that service. This bill would similarly authorize the board of supervisors of a county to acquire, construct, improve, maintain, or operate broadband internet access service, and any other communications service necessary to obtain federal or state support for the acquisition, construction, improvement, maintenance, or operation of broadband internet access service, and would require a board that does so to take certain actions regarding the accessing of content on the internet by end users of that service. (3) Existing law establishes the Governor's Office of Business and Economic Development, known as "GO-Biz," within the Governor's office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. This bill would require the office, on or before June 30, 2021, to develop recommendations and a model for streamlined local land use approval and construction permit processes for projects related to broadband infrastructure deployment and connectivity and to adopt, and post on its internet website, the recommendations and model, as specified. (4) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) 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 approving CASF infrastructure projects, to give preference to projects in areas where only dial-up internet service is available or where no internet service is available. Existing law authorizes the commission to impose a surcharge to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. Existing law establishes 4 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Public Housing Account, and the Broadband Adoption Account within the CASF and specifies the amount of moneys to be deposited into each account, subject to appropriation by the Legislature. Existing law specifies, among other things, eligibility criteria for grants awarded from each of those accounts. Existing law requires moneys in the Broadband Public Housing Account that have not been awarded by December 31, 2020, be transferred back to the Broadband Infrastructure Grant Account. This bill would require that the CASF program promote remote learning and telehealth, in addition to economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. The bill would require the commission, in approving CASF infrastructure projects, to instead prioritize projects that reach the greatest number of unserved and underserved households, as defined, and to further prioritize projects based on other specified attributes. The bill would revise, among other things, the eligibility criteria for grants awarded from each account in the CASF, as specified. The bill would repeal the requirement that moneys in the Broadband Public Housing Account not awarded by December 31, 2020, be transferred back to the Broadband Infrastructure Grant Account. The bill would establish the State Agency Direct Allocation Account in the CASF for specified purposes relating to the deployment of broadband infrastructure. The bill would require the commission to improve the efficiency of the administration of the CASF program to ensure for the most cost-effective and timely achievement of the goal of the program. The bill would authorize the commission to convene a peer review panel to review grant applications submitted under the CASF program. This bill would require the commission to engage all relevant state agencies to facilitate planning and accelerate deployment of broadband infrastructure through both projects funded pursuant to the CASF program and other infrastructure construction projects that can incorporate high-speed broadband. This bill would authorize the commission to require each internet service provider, as defined, to report specified information regarding each affordable internet service plan advertised by the provider. (5) 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 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. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. The bill would state that its provisions are severable. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the University of California, under the administration of the Regents of the University of California, and the California State University, under the administration of the Trustees of the California State University, as the 2 segments of public postsecondary education in the state generally authorized to grant baccalaureate degrees. The Donahoe Higher Education Act sets forth the missions and functions of the segments of postsecondary education in this state. Provisions of the act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable. A provision of the act expresses the intent of the Legislature that, in determining the standards and criteria for undergraduate and graduate admissions to the University of California and the California State University, the governing bodies of the segments develop processes that, among other things, strive to be fair and are easily understandable. This bill would require the trustees, and request the regents, before making any change in undergraduate student eligibility policy that adds new eligibility requirements, as described, that impact students across its segment, to engage in discussions with and coordinate with other educational segments that will be impacted by the policy in order to understand the impacts of the policy and try to align their respective student eligibility policies. The bill would also require the trustees, and request the regents, to commission an independent study by a third-party research organization to assess the impact of the change in student eligibility policy on the eligibility rates of the graduates of public secondary schools who are members of underrepresented student groups. The bill would also require, or request, as applicable, if either the trustees or the regents approve a change in student eligibility policy that adds new eligibility requirements that impact students across its segment, that an implementation committee, with members selected as designated, be convened to develop a multiyear plan for that segment to work with the public elementary and secondary school system, the California Community Colleges, and the governing body of the other segment to implement the change, and would require in those circumstances annual progress reports to the Governor, the Legislature, and the governing body of the other segment, as specified. If such a change in student eligibility requirements is approved by either the trustees or the regents between January 1, 2020, and the operative date of this bill, the bill would additionally require the trustees or request the regents, as applicable, to commission an independent study by a third-party research organization to assess the actual impact of this change, as specified. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant be served a 3 days' notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. Existing law, the Mobilehome Residency Law, prohibits a tenancy from being terminated unless specified conditions are met, including that the tenant fails to pay rent, utility charges, or reasonable incidental service charges and 3 days' notice in writing is provided to the tenant, as specified. This bill would enact the COVID-19 Tenant Relief Act of 2020. This bill would require that any 3 days' notice that demands payment of COVID-19 rental debt that is served on a tenant during the covered time period meet specified criteria, including that the notice include an unsigned copy of an attestation of COVID-19-related financial distress and that the notice advise the tenant that the tenant will not be evicted for failure to comply with the notice if the tenant delivers a signed attestation of COVID-19-related financial distress to the landlord, as specified. The bill would define "covered time period" for purposes of these provisions as the time between March 4, 2020, and either 90 days after the termination of the COVID-19 state of emergency or April 1, 2021, whichever occurs earlier. The bill would provide that a tenant is not guilty of an unlawful detainer if the tenant makes the demanded payment, vacates the property, or delivers a signed attestation of COVID-19-related financial distress within 15 days of the service of the notice. The bill would deem a 3 days' notice that fails to comply with this criteria void and insufficient to support a judgment for unlawful detainer or to terminate a tenancy under the Mobilehome Residency Law. The bill would prohibit a tenant that delivers an attestation of COVID-19-related financial distress pursuant to these provisions from being deemed in default with regard to the COVID-19 rental debt. Existing law regulates specified terms and conditions of tenancies. Existing law authorizes a landlord to demand security at the beginning of a tenancy for residential property and specifies the purposes for which the security may be used, including, among others, compensating the landlord for the tenant's default in payment of rent. The bill would prohibit a landlord from applying a security deposit to satisfy COVID-19 rental debt or applying a monthly rental payment to any COVID-19 rental debt, unless the tenant agrees in writing. The bill would define "COVID-19 rental debt" as unpaid rent or any other unpaid financial obligation under the tenancy that accrued during the covered time period. The bill would prohibit a landlord from charging a tenant, or attempting to collect from a tenant, fees for a late payment of COVID-19 rental debt. The bill would prohibit a landlord from terminating a tenancy or threatening to terminate a tenancy, in retaliation against a tenant for having COVID-19 rental debt. This bill would prohibit a housing provider, credit reporting agency, tenant screening company, or other specified entities from using an alleged COVID-19 rental debt as a negative factor in evaluating creditworthiness, as specified. The bill would prohibit a cause of action to recover COVID-19 rental debt until 15 months after the date the COVID-19 state of emergency terminates or April 1, 2022, whichever is earlier. This bill would provide that any provision of a stipulation settlement agreement, or other agreement that conflicts with or purports to waive these provisions is prohibited and void as contrary to public policy. The bill would provide that if a local initiative, ordinance, regulation, or other policy conflicts with these provisions, the provision that provides the greater protection to tenants controls. (2) Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust. In this regard, existing law requires that a notice of default and a notice of sale be recorded and that specified periods of time elapse between the recording and the sale. Existing law establishes certain requirements in connection with foreclosures on mortgages and deeds of trust, including restrictions on the actions mortgage servicers may take while a borrower is attempting to secure a loan modification or has submitted a loan modification application. This bill would enact the Small Landlord and Homeowner Relief Act of 2020. The bill would authorize a borrower to request forbearance during the effective time period from any mortgage obligation by submitting a request to the borrower's mortgage servicer, either orally or in writing, affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the mortgage obligation due, directly or indirectly, to the COVID-19 emergency. The bill would define "borrower" for these purposes as a natural person who is a mortgagor, trustor, or confirmed successor in interest; an entity other than a natural person provided that the secured property is currently occupied by one or more residential tenants; or a mobilehome owner who is the borrower on a security agreement relating to a loan or conditional sale contract that gives the secured party the right to foreclose its security interest in a manufactured home or mobilehome, except as specified. The bill would define "effective time period" as the time period between the operational date of these provisions and either 90 days after the termination of the COVID-19 state of emergency or April 1, 2021, whichever occurs first. This bill would also authorize a mobilehome owner who is the borrower on any security agreement relating to a loan or conditional sale contract which, according to its terms, gives the secured party the right to foreclose its security interest in a manufactured home or mobilehome to request forbearance during the effective time period, as specified. This bill would require a mortgage servicer or lienholder to, if certain requirements are met, offer the forbearance requested for an initial period of up to 180 days, which may be extended at the request of the borrower or mobilehome borrower, as specified. The bill would authorize a mortgage servicer or lienholder to limit the total forbearance provided to 360 days and authorize the mortgage servicer or lienholder to count any forbearance already provided to the borrower between March 4, 2020, and the date of the mobilehome borrower's initial request against that 360 days. The bill would prohibit a mortgage servicer or lienholder from assessing, accruing, or applying any fees, penalties, or additional interest during the forbearance period, as specified. The bill would require a mortgage servicer or lienholder to attempt to contact the borrower, including a mobilehome borrower, with diligent effort at least 30 days before the end of any forbearance period granted pursuant to these provisions to inquire whether the borrower is able to resume making preforbearance mortgage or loan payments. The bill would, if the borrower indicates that they will not be able to resume preforbearance payments, require the mortgage servicer or lien holder to evaluate the borrower for loss mitigation and foreclosure prevention, as specified. Alternatively, if the borrower affirms they are able to resume preforbearance payments or fails to respond to the mortgage servicer, the bill would require the mortgage servicer or lienholder to reinstate the preforbearance payments and provide a specified notice to the borrower that includes, among other things, a description of any options available to the borrower to address the amount unpaid during the forbearance. This bill would authorize a multifamily borrower that was current on its payments as of February 1, 2020, to submit a written request for forbearance to the mortgage servicer affirming that the multifamily borrower is experiencing a financial hardship during the COVID-19 emergency. The bill would define "multifamily borrower" for purposes of these provisions as a borrower of a residential mortgage loan that is secured by a lien against a property comprising 5 or more dwelling units. The bill would require a mortgage servicer to provide an initial forbearance period of 30 days and grant additional 30-day extension periods upon the request of the borrower, as specified. The bill would authorize a mortgage servicer to limit the total forbearance provided to 180 days and authorize the mortgage servicer to count any forbearance already provided to the borrower between March 4, 2020, and the date of the mobilehome borrower's initial request against that 180 days. The bill would authorize a mortgage servicer to condition forbearance on the receipt of reasonable documentation from the borrower that demonstrates a decrease of at least 10% or more of the multifamily borrower's gross rental revenue, as specified. The bill would authorize a mortgage servicer to condition any extension of the forbearance period on the receipt of payment equal to the net operating income derived from the property and the borrower keeping all property tax and insurance payments current. This bill would authorize a borrower, including a mobilehome borrower and multifamily borrower, who is likely to suffer material harm from a violation of these provisions to bring an action to obtain injunctive relief, damages, and restitution, as specified. The bill would require a court to award a prevailing borrower reasonable attorney's fees and costs in any action based on a violation of these provisions. This bill would provide that any waiver by a borrower of these provisions is contrary to public policy and void.

Existing law declares it to be the policy of the state that the protection and management of natural and working lands, as defined, is an important strategy in meeting the state's greenhouse gas emissions reduction goals, and requires all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands. This bill would declare it to be the goals of the state by 2030 to protect at least 30% of the state's land areas and waters; to help advance the protection of 30% of the nation's oceans; and to support regional, national, and international efforts to protect at least 30% of the world's land areas and waters and 30% of the world's ocean. The bill would declare it a further goal of the state to improve access to nature for all people in the state and to provide for recreational and educational opportunities, including wildlife-dependent recreational activities, with a specific emphasis on increasing access for communities of color and economically disadvantaged communities. The bill would authorize the state to achieve these goals through specified activities. The bill would require the Natural Resources Agency to ensure that actions made in furtherance of these goals are conducted in a specified manner.

(1) The Child Care and Development Services Act establishes a system of childcare and development services for children up to 13 years of age. Existing law requires the Superintendent of Public Instruction to implement a plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. Existing law requires the reimbursement system to be submitted to the Joint Legislative Budget Committee. This bill would require the Superintendent to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates that would vary with additional factors, including a quality adjustment factor to address the cost of staffing ratios, as provided. The bill would require the reimbursement system plan, including methodology, standards, county rate targets as provided, and the total statewide funding amount necessary to reach annual rate targets for all agencies to be annually submitted to the Joint Legislative Budget Committee, on or before November 10. The bill would require the plan to include a formula for annually adjusting reimbursement rates, as provided. The bill would require the department, by July 1, 2020, and annually thereafter, as provided, to establish a reimbursement rate target for each contracting agency that meets specific quality standards based on specified elements, including quality adjustment factors for the age range of children proposed to be served by the contracting agency, as a multiplier, which the bill would also require the department to establish. (2) Existing law establishes adjustment factors for a provider agency's reported child days of enrollment in order to reflect the additional expense of serving specified children, including an adjustment factor for infants and toddlers who are 0 to 36 months and are served in a child daycare center or family childcare home, as provided. This bill would, as of July 1, 2020, delete the above adjustment factors and would make conforming changes. (3) Existing law requires reimbursement rates to be adjusted by specified adjustment factors for childcare and development programs and, for childcare and development providers serving children for less than 4 hours per day, requires the reimbursement factor to be 55% of the standard reimbursement rate. This bill would instead require the above-described reimbursement factor to be 50% of the standard reimbursement rate. (4) The bill would make its operation contingent on the enactment of SB 174 of the 2019–20 Regular Session on or before January 1, 2020.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40 percent 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 and to update the scoping plan at least once every 5 years. This bill would require the state board, when updating the scoping plan and in collaboration with relevant state agencies and departments, to take specified actions, including, among others, to identify by January 1, 2023, an overall climate goal for the state's natural and working lands, as defined, to sequester carbon and reduce atmospheric greenhouse gas emissions and identify practices, policy incentives, and potential reductions in barriers that would help achieve the climate goal.

(1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. The act requires that families meet specified requirements to be eligible for federal- and state-subsidized childcare and development services. This bill would extend eligibility to a family in which a member of that family has been certified as fully eligible to receive CalFresh or Medi-Cal benefits. The bill would require a parent to provide documentation of current enrollment in CalFresh or Medi-Cal, unless the contractor providing childcare and development services has, and elects to use, other means of obtaining verification of that enrollment. The bill would authorize a family to submit a self-certification of income that is signed by the parent for the purpose of prioritizing enrollment and calculating family fees. (2) Existing law requires the department to arrange intraagency adjustments between California state preschool contracts and general childcare contracts for the same agency and funding allocation, and to establish timelines for intraagency contract fund transfers. This bill would additionally require the department to allow and arrange for interagency adjustments between those contracts for the same agency or different agencies and the same funding allocation, and to establish timelines for those interagency contract fund transfers. (3) Existing law requires the Superintendent to implement a plan establishing assigned reimbursement rates, per unit of average daily enrollment, to be paid by the state to provider agencies for the provision of childcare and development services. Existing law provides for an adjustment factor to be applied to units of average daily enrollment if a provider agency serves children who meet specified criteria. Existing law sets the adjustment factor based on the age of the child served, among other criteria. This bill would require those adjustment factors to continue to apply irrespective of whether a child is served in a commingled classroom that serves children from 0 to 12 years of age. The bill, during the 2020–21 fiscal year, would authorize a contractor providing childcare and development services under the act to provide those services to children from 0 to 12 years of age in classrooms with children of varying ages. (4) Existing law requires the Superintendent to establish a fee schedule for families using preschool and childcare and development services, as specified, and requires family fees to be assessed at initial enrollment and reassessed at the update of certification or recertification. Existing law encourages child development contractors to develop and maintain a reserve within the child development fund in the county treasury, derived from earned but unexpended funds. Existing law authorizes reserve funds to be expended for specified purposes. Existing law requires that 10% of specified reserve funds to be used solely for the purpose of professional development for California state preschool program instructional staff. This bill would authorize a contractor to waive family fees for families who are enrolled but who receive services only through distance learning. The bill would provide that the cost of waiving family fees under the above-described provision is an allowable use of contract funds received for providing childcare and development services, and would authorize a contractor to use reserve funds to cover the costs of a waiver. The bill would also delete the requirement that 10% of the specified reserve funds be used for that professional development purpose.