Asm. Robert Rivas

Existing law establishes the State Department of Education under the administration of the Superintendent of Public Instruction, and assigns to the department numerous responsibilities relating to the governance of the public elementary and secondary schools in the state. Existing law establishes the California Assessment of Student Performance and Progress (CAASPP) and requires the department to ensure that local educational agencies comply with certain requirements related to CAASPP. This bill would require the department, on an annual basis, to include a report on its internet website that allows the public to view, among other assessment data, certain CAASPP test results by English language acquisition status, as provided. The bill would require the department to publicly report on an annual basis enrollment data by English language acquisition status and disability, as specified.

Existing law prohibits an intermodal marine equipment provider or intermodal marine terminal operator, as defined, from imposing per diem, detention, or demurrage charges on an intermodal motor carrier relative to transactions involving cargo shipped by intermodal transport under certain circumstances, including when an intermodal marine terminal decides to divert equipment without 48 hours' notice. This bill would also prohibit an intermodal marine container provider from imposing those charges, extended dwell charges, or commencing or continuing free time, as defined, on a motor carrier, as defined, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under certain circumstances. The bill would instead specify that those circumstances include when the intermodal marine container provider decides to divert equipment from the original interchange location without notice, as described above, and also include when the motor carrier documents an unsuccessful attempt to make an appointment for either a loaded or empty container transaction, as specified. The bill would also specify that those circumstances include when a return or delivery of an intermodal container is delayed because a booked vessel's receiving date changes, and when the obstacle to the cargo retrieval or return of equipment are within the scope of responsibility of the carrier or their agent and beyond the control of the invoices or contracting party. Existing law also prohibits an intermodal marine equipment provider from terminating, suspending, or restricting equipment interchange rights of a motor carrier for specified reasons and from charging back, deducting, or offsetting per diem charges or certain other charges from the motor carrier's freight bill. This bill would also prohibit an intermodal marine container provider from commencing or continuing free time if cargo is unavailable for retrieval and timely notice of cargo availability has not been provided. Existing law defines "intermodal marine terminal" to mean a marine terminal location or facility that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. This bill would define "intermodal marine container provider" to mean the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary. The bill would also define "satellite facility" to mean an intermodal yard, that is not a marine terminal, within the same local commercial territory that supports operations of an intermodal marine container provider or intermodal marine terminal, and would require any provisions related to acts at intermodal marine terminals to also be applied to acts at satellite facilities. This bill would specify that where these provisions are addressed by future federal law or regulation, and the federal law or regulation permits states to exceed the requirements set forth in the federal law or regulation, the more stringent provision shall govern.

Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law includes in the definition of "public works" under certain circumstances the hauling of refuse from a public works site to an outside disposal location. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the definition of "public works" for those purposes to include the on-hauling of materials used for paving, grading, and fill onto a public works site if the individual driver's work is integrated into the flow process of construction. The bill would make a related intent statement. By expanding the definition of 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.

(1) Existing law requires a school district to provide access to free, fresh drinking ​water during meal times in school food service areas by July 1, 2011, unless the​ governing board of a school district adopts a resolution stating that it is unable to​ comply with this requirement and demonstrating the reasons why it is unable to comply ​due to fiscal constraints or health and safety concerns. This bill would require a new construction or modernization project submitted to the Division of the State Architect by a school district or the governing body of a charter school to include water bottle filling stations, as specified. The bill would require, for modernization projects, a minimum of one water bottle filling station for each school undergoing modernization, and for new construction projects, a minimum of one water bottle filling station per 350 people at each school being constructed. The bill would require water bottle filling stations to be placed in or near high traffic and common areas and to meet specified requirements, including dispensing drinking water that meets primary drinking water standards and secondary drinking water standards, as defined. The bill would provide that these requirements only apply to new construction and modernization projects submitted to the Division of the State Architect 3 months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022. This bill would require a school district or the governing body of a charter school to allow pupils, teachers, and staff to bring and carry water bottles, as specified. The bill would require administrators of a school district or the governing body of a charter school to inform teachers, staff, parents, and pupils of their rights under these provisions and to encourage water consumption through promotional and educational activities and signage, as specified. By imposing new duties on local educational agencies, this bill would impose a state-mandated local program. (2) 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 grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA) , requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act. Under OSHA, certain knowing, negligent, or willful violations of safety and health standards are punishable as a misdemeanor. The existing Maria Isabel Vasquez Jimenez heat illness standard provides for the prevention of heat-related illness of employees in outdoor places of employment, as prescribed. There is also an existing standard for workplace protection from wildfire smoke. This bill would require the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. The bill would require the division, in preparing the proposed regulations, to consider revising the heat illness standard to require employers to distribute copies of the Heat Illness Prevention Plan, as provided. The bill would similarly require a rulemaking proposal to consider revising the wildfire smoke standard, with regard to farmworkers, to reduce the existing air quality index threshold for PM2.5 particulate matter at which control by respiratory protective equipment becomes mandatory for farmworkers. The bill would require the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025. The bill would further require the division to consider regulations, or revising existing regulations, relating to protections related to acclimatization to higher temperatures, as provided.

(1) Existing law requires each state agency that significantly regulates or impacts small business to designate at least one person to serve as a small business liaison for the agency. Existing law requires the small business liaison to be responsible for, among other things, receiving and responding to complaints received by the agency from small businesses and assisting in ensuring that the procurement and contracting processes of the entity are administered in order to meet or exceed the goal of 25% small business participation. This bill would also require the small business liaison to develop an "economic equity first" action plan and policy for the agency to provide, among other things, direction, recommendations, and strategies as to how to ensure that small businesses, as specified, are effectively involved and benefiting from the agency's procurement process. The bill would require the action plan and policy to be adopted by January 1, 2024. The bill would require the action plan to include, as part of a general outreach effort to all small businesses, education, outreach, and stakeholder engagement with representative business organizations and business enterprises owned by women, minorities, and members of the LGBTQ community. (2) Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development, also known as GO-Biz, and prescribes the duties and functions of the Small Business Advocate, who is also the Director of the Office of Small Business Advocate. Existing law requires the advocate to prepare and submit a written annual report to the Governor and the Legislature that describes the activities and recommendations of the office, including an evaluation of the efforts of state agencies and, where appropriate, specific departments, that significantly regulate small businesses to assist minority and other small business enterprises, and make appropriate recommendations to assist the development of these enterprises. This bill would require the annual report to also include details regarding the office's activities to support procurement participation by small businesses, microbusinesses, disabled veteran business enterprises, and businesses owned by women, minorities, or members of the LGBTQ community that also qualify as a small business, microbusiness, or disabled veteran business enterprise, as well as compliance and implementation of specified action plans and policies by state agency liaisons and advocates. The bill would require each state agency to provide information regarding its activities to the advocate upon request. Existing law requires the advocate to post certain information on the GO-Biz or the advocate's internet website, including how to receive assistance in certifying as a small business and identifying and participating in state procurement opportunities. This bill would require the above-described information, and also information in receiving assistance in certifying as a disabled veteran business enterprise, to be easily accessible from the homepage of the Go-Biz internet website. (3) Existing law, the Small Business Procurement and Contract Act, declares that it is essential that opportunity is provided for full participation in our free enterprise system by small business enterprises. This bill would also declare that the state economy is strengthened by the diversity and resiliency of its small businesses and that it is essential to ensure all small businesses are able to fully participate in the domestic and global markets, including businesses owned by women and other specified groups. Existing law requires the Director of General Services and the heads of other state agencies that enter into contracts for the acquisition of goods, services, and information technology and for the construction of state facilities to establish goals for the participation of small businesses and microbusinesses in these contracts, to provide for a small business preference in the award of these contracts, to give special consideration and special assistance to small businesses, and, whenever possible, to make awards to small businesses, as specified. This bill would instead require those directors to establish a minimum goal of 25% procurement participation for small businesses, including microbusinesses. Existing law, requires the department to make rules and regulations for the purpose of administering these provisions. This bill would require the department to consider appropriate remedial actions to be taken in regards to mandatory reporting agencies that failed in 3 out of 5 years to meet their small business or disabled veteran business enterprise goals. The bill would require the department to set forth the department's actions in its consolidated annual report. This bill would require the department to contract for a statewide procurement and contracting disparity study, in order to guide outreach strategies, state government program development, and improvements to contracting policies. The bill would require the department to post the report, with prescribed content, to its internet website on or before January 1, 2025. (4) Existing law establishes the Office of Small Business and Disabled Veteran Business Enterprise Services within the department and charges it with specified duties, including making recommendations to the department and other state agencies for simplification of specifications and terms in order to increase the opportunities for small business, microbusiness, and disabled veteran business enterprise participation. This bill would include, with those recommendations, simplification of specifications and terms in order to increase opportunities for minority-owned business, women-owned business, and LGBTQ-owned business. The bill would add duties for the office of marketing the benefits and availability of state small business certification to businesses that currently hold a federal certification as a disadvantaged business enterprise and making available the option for an applicant or certified firm to voluntarily identify that the business is at least 51% owned by, and whose management and daily operations are controlled by, individuals who identify as one of specified categories. This bill would require the department to make available the option for an applicant or certified firm to voluntarily identify that the business is at least 51% owned by, and whose management and daily operations are controlled by, individuals who identify as one of specified categories. By expanding the crime of perjury, the bill would create a state-mandated local program. This bill would state that its provisions are severable. (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 no reimbursement is required by this act for a specified reason.

(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 prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified, and, in a case in which judgment has not been entered prior to January 1, 2021, allows a petition to be filed alleging a violation of that prohibition. Existing law authorizes a court that finds a violation of that prohibition to impose specified remedies, including, among other things, vacating the conviction or sentence and ordering new proceedings. This bill would additionally authorize that petition to be filed for cases in which a judgment was entered as final prior to January 1, 2021, as specified, and in cases in which a juvenile disposition resulted in a commitment to the Division of Juvenile Justice, as specified. The bill would, if a motion under these provisions is based on the conduct or statements by the judge, require the judge to disqualify themselves from those proceedings. The bill would additionally make other technical changes. Existing law allows a defendant to file a motion requesting disclosure of all evidence related to a potential violation of the prohibition on seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, and requires the court to order the records to be released upon a showing of good cause. If the records are not privileged, existing law allows the court to permit the prosecution to redact information prior to disclosure. This bill would require the court, upon a showing of good cause, to order disclosure unless a statutory privilege or constitutional privacy right cannot be adequately protected by redaction or a protective order. Under existing law, a conviction or sentence is unlawfully imposed on the basis of race, ethnicity, or national origin if the defendant proves, among other things, that the defendant was charged or convicted of a more serious offense than defendants of other races, ethnicities, or national origins, or received a longer or more severe sentence, and the evidence establishes that the prosecution more frequently sought or obtained convictions for more serious offenses against people who share the defendant's race, ethnicity, or national origin, as specified, or if a longer or more severe sentence was more frequently imposed on defendants of a particular race, ethnicity, or national origin, as specified. Existing law requires this determination to be made pursuant to statistical evidence or aggregate data, as specified. This bill would allow that evidence to include nonstatistical evidence and would require the court to consider the totality of the evidence in determining whether a significant difference in seeking or obtaining convictions or in imposing sentences has been established. The bill would require the court to consider whether systemic and institutional racial bias, racial profiling, and historical patterns of racially biased policing and prosecution may have contributed to, or caused differences observed in, the data or impacted the availability of data overall. This bill would incorporate additional changes to Section 1473 of the Penal Code proposed by SB 467 to be operative only if this bill and SB 467 are enacted and this bill is enacted last.

Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are required to close, including days appointed by the President. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. This bill would add June 19, known as "Juneteenth," to the list of state holidays. The bill would specify that holidays created by federal legislation signed by the President are considered days appointed as holidays for the purposes of the above-described provisions requiring community colleges and public schools to close. The bill would authorize state employees to elect to take time off with pay in recognition of Juneteenth, as specified. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 1801 to be operative only if this bill and AB 1801 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 6700, 19853, and 19853.1 of the Government Code proposed by AB 1801 and AB 2596 to be operative only if this bill and either or both AB 1801 and AB 2596 are enacted and this bill is enacted last.

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.