Asm. Steve Bennett

The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. This bill would require a city or county, upon the next update of one or more of the elements included in the general plan on or after January 1, 2028, to review and update its safety element as necessary to address the hazard of extreme heat, as specified. The bill would authorize a city or county that has adopted an extreme heat action plan or other document that fulfills commensurate goals and objectives to use that information in the safety element, as specified, and, upon doing so, would require the city or county to summarize and incorporate into the safety element the other plan or document. The bill would also authorize a city or county to use or reference information in the Extreme Heat Action Plan and the State Hazard Mitigation Plan, as described, to comply with the above-described updating requirement. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of its housing element or local hazard mitigation plan, but not fewer than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. This bill would require the planning agency to also identify new information relating to extreme heat hazards applicable to the city or county that was not available during the previous revision of the safety element. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 provide that the changes proposed in Section 1 of this bill, amending Section 65302 of the Government Code, would not become operative if AB 1889 is enacted, and amends Section 65302 of the Government Code, as specified, in which case Section 2 of this bill, adding Section 65302.01 to the Government Code, would become operative.

Existing law prohibits the production, development, duplication, distribution, or possession, as specified, of matter, in specified formats, that depicts a person under 18 years of age engaging in or simulating sexual conduct, as defined. Existing law separately prohibits this conduct where it is done for consideration or where such matter is shared with a minor. Existing law provides an enhanced punishment when these offenses are committed using government property. This bill would expand the scope of certain of these provisions to include matter that is digitally altered or generated by the use of artificial intelligence, as such matter is defined. By expanding the scope of an existing 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 become operative only if SB 1381 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025.

(1) Existing law requires, no later than January 1, 2030, owners of all acute care inpatient hospitals to either demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with specified seismic safety standards or to seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with those seismic safety standards. Existing law requires the Department of Health Care Access and Information to issue a written notice upon compliance with those requirements. This bill would authorize a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, as defined, and except as specified, to seek approval from the Department of Health Care Access and Information for a delay to the January 1, 2030, compliance deadline described above by up to 3 years. The bill would require hospitals seeking a delay to submit a seismic compliance plan, as specified, and, if necessary, a Nonstructural Performance Category-5 evaluation report. The bill would also require the hospital and department to identify least 2 major milestones relating to the seismic compliance plan that will be used as the basis for determining whether a hospital is making adequate progress toward meeting the subject hospital's seismic compliance deadline. The bill would subject the submitted seismic compliance plans to departmental review for reasonableness and require the hospital seeking the delay to submit any documentation requested by the department to assist its review. The bill would require the department to approve or deny a seismic compliance plan and any delay to the seismic compliance deadline within 120 days. The bill would also authorize the department to additionally delay the deadline for compliance by 2 years, up to a maximum of January 1, 2035, as necessary, for hospitals that continue to experience financial distress or that need to deal with contractor, labor, or material delays, acts of God, governmental entitlements, or other circumstances beyond the hospital's control. The bill would require hospitals eligible to delay compliance under these provisions to comply with the seismic safety standards described above by no later than January 1, 2035. The bill would impose a fine of $5,000 per calendar day for a hospital's failure to comply with a revised construction schedule or to meet any major milestone established by the department until the requirements or milestones, respectively, are met. The bill would also prohibit these hospitals from being issued a building permit for any building in the facility except those required for seismic compliance, maintenance, and emergency repairs until the milestone is met and the hospital is adequately progressing toward meeting the subject hospitals seismic compliance, as determined by the department. The bill would require the department to implement the above-described provisions by regulation, as specified. The bill would require the department to support a hospital requesting a delay under the above-described provisions to explore the opportunities under the Small and Rural Hospital Relief Program to assist with seismic compliance and to annually post a list of hospitals that have been granted a delay on its internet website, as specified. (2) Existing law establishes the Small and Rural Hospital Relief Program for the purpose of funding seismic safety compliance with respect to small hospitals, rural hospitals, and critical access hospitals in the state. Existing law requires the department to provide grants to small, rural, and critical access hospital applicants that meet certain criteria, including that seismic safety compliance, as defined, imposes a financial burden on the applicant that may result in hospital closure. Existing law also creates the Small and Rural Hospital Relief Fund and continuously appropriates the moneys in the fund for purposes of administering and funding the grant program. This bill would require the department to expand eligibility for grants for single- and 2-story general acute care hospitals located in remote or rural areas with fewer than 80 general acute care beds and general acute care hospital revenue of $75 million or less. The bill would require grants under the program to provide general acute care hospitals with funds to secure an SPC-4D assessment for purposes of planning for, and estimating the costs of, compliance with certain seismic safety standards, as specified. The bill would authorize specified general acute care hospitals to apply for a grant for purposes of complying with those seismic safety standards. If state funds are appropriated to the Small and Rural Hospital Relief Fund in the future for the purpose of complying with the seismic safety standards described in paragraph (1) , the bill would require a hospital that qualifies for assessment grants under the program to submit specified financial information relating to, among other things, the accuracy of the hospital's SPC-4D cost estimates to the department before being awarded state funds.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts. This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement. Existing law defines "exclusive operating area" as an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers, as specified. Existing law authorizes a local EMS agency to create one or more exclusive operating areas in the development of a local plan if a competitive process is utilized to select the provider or providers of the services pursuant to the plan. This bill would require the local EMS agency, if a city's assertion of its authorities regarding, and administration of, the prehospital EMS causes a local EMS area to no longer satisfy the requirements for an exclusive operating area as mentioned above, to provide a right of first refusal to the exclusive operating area's designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which would be deemed an exclusive operating area created without a competitive process. The bill would authorize the county to provide prehospital EMS, including emergency ambulance services, as specified, in the remainder of the local EMS area on an exclusive basis if the designated provider or providers decline to continue services. The bill would require a specified city to enter into an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis, as specified, if the county determines that specified options are not economically viable, would reduce the level or quality of care in the remainder of the local EMS area, or are not in the county's best interests. The bill would require the parties developing contracts pursuant to these provisions to collaborate on response time standards for the local EMS area, and would require those standards to meet or exceed the response time standards previously established by the local EMS agency for that area. By creating new duties for local EMS agencies, 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, 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 provides for the regulation and development of aquaculture and requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law makes it unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae anywhere in this state, except as specified. A violation of the Fish and Game Code is a crime. This bill would prohibit the aquaculture of any species of octopus for the purpose of human consumption. The bill would prohibit a business owner or operator from selling, possessing, or transporting any species of octopus that is the result of aquaculture. 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 requires each participating community college to provide a Student Success Completion Grant award to a student attending a community college if the student receives a Cal Grant B or C award, makes satisfactory academic progress, and is a California resident or is exempt from paying nonresident tuition. Existing law awards $1,298 per semester, or the quarterly equivalent, for eligible students who enroll in 12, 13, or 14 units per semester, or the quarterly equivalent number of units, awards $4,000 per semester, or the quarterly equivalent, for eligible students who enroll in 15 units per semester, or the quarterly equivalent number of units, and, commencing with the 2023–24 academic year, awards $5,250 per semester, or the quarterly equivalent, to eligible students who are current or former foster youth who enroll in 12 or more units per semester, or the quarterly equivalent number of units. This bill would require each participating community college to also award $1,298 per semester, or the quarterly equivalent, to eligible students who enroll in 9 or more units per semester, or the quarterly equivalent number of units, who are considered full-time as part of a disabled student programs and services Academic Accommodation Plan, as described.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services (department) , under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, specialty mental health services include federal Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) services provided to eligible Medi-Cal beneficiaries under 21 years of age. This bill would require, when a child or youth 21 years of age or younger who is receiving Medi-Cal specialty mental health services changes residence from one county to another, the receiving county to provide specialty mental health services to the child or youth, if the transfer of those services from one county to another is not otherwise governed by a process established in statute. The bill also would require the State Department of Health Care Services to collect specified data related to the receipt of specialty mental health services by children and youth who move outside of the county where they originally received specialty mental health services, and to include the data in the department's Medi-Cal specialty mental health services performance dashboard. The bill would require the department to issue guidance, as specified, to define the requirements placed on a receiving county for the continued provision of specialty mental health services, to coordinate and expedite the transfer of services from one county to another, and reduce the burden on children and youth and their caregivers to reestablish services in the receiving county. The bill would authorize the department to implement, interpret, or make specific its provisions by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, until regulations are adopted, as specified.

Existing law requires the Independent System Operator to ensure the efficient use and reliable operation of the transmission grid, as provided. This bill would authorize the Independent System Operator to amend its tariff, as deemed necessary and subject to approval by the Federal Energy Regulatory Commission, to be consistent with the efficient use and reliable operation of the transmission grid. Existing law requires the Independent System Operator to perform a review following a major outage that affects at least 10% of customers of the entity providing the local distribution service, as provided. This bill would require the Independent System Operator, if it finds that the primary cause of the outage was the insufficiency of the available electricity supply, to post the finding and recommendations to prevent future shortfalls on its internet website and share the finding and recommendations with the Public Utilities Commission (PUC) , the State Energy Resources Conservation and Development Commission, and the Legislature. Existing law requires the PUC, in consultation with the Independent System Operator, to establish resource adequacy requirements for all load-serving entities and requires the PUC in establishing those requirements to ensure the reliability of electrical service in California. Existing law requires the PUC to determine and authorize the most efficient and equitable means of achieving certain objectives. This bill would require that the resource adequacy program consider mitigation measures, if the commission determines they are needed, to reduce costs to ratepayers. The bill would require the PUC to determine and authorize the most efficient and equitable means of ensuring that the resource adequacy program can reasonably maintain a standard measure of reliability and use it for planning purposes. Existing law requires the PUC to ensure that load-serving entities ensure system and local reliability and require sufficient, predictable resource procurement and development to avoid unplanned energy supply shortfalls, as provided. This bill would require the PUC, as part of the integrated planning process, to assess short-term, midterm, and long-term reliability by conducting specified modeling. The bill would require the PUC to review the results, as specified. Under the Public Utilities Act, a violation of an order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because a violation of a PUC action implementing certain provisions of this bill 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.

Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law requires a groundwater sustainability plan to be developed and implemented for each medium- or high-priority basin by a groundwater sustainability agency. Existing law authorizes any local agency or combination of local agencies overlying a groundwater basin to decide to become a groundwater sustainability agency for that basin, as provided. The Political Reform Act of 1974 prohibits a public official from making, participating in making, or attempting to use their official position to influence a governmental decision in which they know or have reason to know that they have a financial interest, as defined. The act requires specified public officials, including elected state officers, judges and court commissioners, members of certain boards and commissions, other state and local public officials, and candidates for these positions to file statements of economic interests, annually and at other specified times, that disclose their investments, interests in real property, income, and business positions. The Fair Political Practices Commission is the filing officer for such statements filed by statewide elected officers and candidates and other specified public officials. This bill would require members of the board of directors and the executive, as defined, of a groundwater sustainability agency to file statements of economic interests, according to the filing requirements described above, with the Fair Political Practices Commission using the Commission's online system for filing statements of economic interests. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Existing law prohibits a store, as defined, from providing a single-use carryout bag to a customer at the point of sale, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law defines a "single-use carryout bag" as a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets specified requirements, including that the bag be made by a certified reusable grocery bag producer and meets specified requirements with regard to the bag's durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third-party certification entity, and provides proof of that certification and a certification fee to the Department of Resources Recycling and Recovery, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines "recycled paper bag," in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, recast the definition of a "single-use carryout bag" to a "carryout bag," and would revise the definition to mean a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag. The bill would create a carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, as specified. The bill would revise the definition of "recycled paper bag" to require it be made from a minimum of 50% postconsumer recycled materials on and after January 1, 2028, without exception. The bill would also prohibit a store from providing, distributing, or selling a carryout bag to a customer at the point of sale, except as provided. The bill would also repeal the provisions relating to standards for and the certification of reusable grocery bags, and would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related legislative findings and declarations and would make related conforming changes.