Asm. Cecilia Aguiar-Curry

Existing law, including, among others, the Mello-Granlund Older Californians Act, provides various programs to assist older adults and people with disabilities. These programs include the Aging and Disability Resource Connection program established to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. By executive order, the Governor ordered that a master plan for aging be developed and issued to serve as a blueprint to implement strategies and partnerships that promote healthy aging and prepare the state for upcoming demographic changes. This bill would require the master plan for aging developed pursuant to that executive order to consider the efficacy of utilizing a No Wrong Door System. The bill would specify the purpose of the No Wrong Door system as assisting older adults, people with disabilities, and caregivers in obtaining accurate information and timely referrals to appropriate community services and supports. The bill would also require that master plan for aging to consider the efficacy of using a universal tool and process that is capable of assessing individual need and determining initial eligibility for programs and services available in the long-term services and supports delivery network.

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development (department) that includes, among other specified information, the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, as provided. This portion of the annual report is known as the production report. The Planning and Zoning Law requires the department, in consultation with each council of governments, to determine the existing and projected need for housing in each region and further requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. That law provides for the allocation of regional housing need by the council of government or the department, as applicable. That law also provides for the allocation of a portion of a county's share of the regional housing need to a city that is incorporated within its boundaries, or upon annexation of unincorporated land to an existing city within its boundaries, after the final allocation of regional housing need. This bill would authorize the County of Napa and the City of Napa to reach a mutually acceptable agreement to allow one of those jurisdictions to report on its annual production report to the department those completed entitlements, building permits, and certificates of occupancy issued by the other jurisdiction for the development of housing if certain conditions are met. The bill would require the Board of Supervisors of the County of Napa and the City Council of the City of Napa to each hold a public hearing to solicit public comment on the proposed agreement and to make specified written findings based on substantial evidence before approving the agreement. The bill would make conforming changes with respect to the production report required to be submitted to the department. The Planning and Zoning Law requires each city, county, or city and county to ensure that its housing element inventory or its housing element program makes sites available, as provided, sufficient to accommodate, at all times throughout the planning period, its remaining unmet share of the regional housing need. That law requires a city, county, or city and county to identify and make available within 180 days additional adequate sites to accommodate the jurisdiction's share of the regional housing need by income level, if the approval of a development project results in fewer units by income category than identified in the jurisdiction's housing element for that parcel and the jurisdiction does not find that the remaining sites in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need by income level. That law requires the department to notify the city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of these requirements. This bill would specify that its provisions regarding an agreement between the County of Napa and the City of Napa, as described above, do not waive or reduce the requirement to ensure that a jurisdiction's housing element inventory accommodate sufficient sites to meet the jurisdiction's unmet share of regional housing need. If the site of a proposed housing development that is subject to the agreement is no longer adequate to meet specified requirements under existing law and to accommodate the jurisdiction's share of the regional housing need, the bill would require the relevant jurisdiction to comply with the requirement to identify and make available adequate sites, as described above. The bill would provide that failure to comply with this requirement constitutes a violation of state law and require the department to notify the office of the Attorney General of that violation. (2) The Planning and Zoning Law requires the council of governments or the department, whichever assigned the share of regional housing need of a county, to reduce the county's share if specified conditions are met, including that one or more cities within the county agree to increase its share or their shares in an amount equivalent to the reduction. This bill would expand this requirement to apply in the case of a regional housing need allocation by a subregional entity. By adding to the duties of a subregional entity with respect to the allocation of regional housing need, this bill would impose a state-mandated local program. (3) The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Existing law requires the objective planning standards to include, among other things, that the development be located in a locality for which the department determines that the number of units that have been issued building permits is less than the locality's share of the regional housing needs, by income category, for the applicable reporting period. This bill would require that this determination be based on the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy reported in the annual production report, as described above. (4) This bill would incorporate additional changes to Section 65913.4 of the Government Code proposed by AB 1485 and SB 592 to be operative only if this bill and either or both AB 1485 and SB 592 are enacted and this bill is enacted last. (5) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa and the City of Napa. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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 2 of the segments of public postsecondary education in this state. This bill would express findings and declarations of the Legislature relating to the availability of abortion by medication techniques at on-campus student health centers at public postsecondary educational institutions in the state. The bill would require, on and after January 1, 2023, each student health care services clinic on a California State University or University of California campus to offer abortion by medication techniques, as specified. The bill would require the Commission on the Status of Women and Girls to administer the College Student Health Center Sexual and Reproductive Health Preparation Fund, which the bill would establish. The bill would continuously appropriate the moneys in that fund to the commission for allocations to each public university student health care services clinic for specified activities in preparation for providing abortion by medication techniques, thereby making an appropriation. The bill would provide that its requirements would be implemented only if, and to the extent that, a total of at least $10,290,000 in private moneys is made available to the fund in a timely manner on or after January 1, 2020. The bill would require the commission to submit a report to the Legislature, on or before December 31, 2021, and on or before December 31 of every year thereafter until December 31, 2026, that includes, but is not necessarily limited to, specified information relating to abortion by medication techniques at these student health clinics.

Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. This bill, on or after January 1, 2020, would prohibit the department from entering into or renewing a contract with a private, for-profit prison to incarcerate state prison inmates, but would not prohibit the department from renewing or extending a contract to house state prison inmates in order to comply with any court-ordered population cap. The bill would also prohibit, after January 1, 2028, a state prison inmate or other person under the jurisdiction of the department from being incarcerated in a private, for-profit prison facility. This bill would also prohibit, with exceptions, the operation of a private detention facility, as defined, within the state.

Existing law establishes and funds various research centers and programs in conjunction with the University of California. Under existing law the University of California has the authority to establish and administer a Firearm Violence Research Center to research firearm violence. The bill would, upon adoption of a specified resolution by the Regents of the University of California, require the center to develop multifaceted education and training programs for medical and mental health providers on the prevention of firearm-related injury and death, as specified. The bill would, upon adoption of that resolution, require the university to report, on or before December 31, 2020, and annually thereafter, specified information regarding the activities of, and financial details relating to, the program. The bill would also make conforming changes.

Existing law authorizes a law enforcement officer to request, and a judicial officer to issue on an ex parte basis, a temporary emergency gun violence restraining order that prohibits a person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having a firearm or ammunition. Existing law establishes a civil restraining order process to accomplish that purpose. Existing law also authorizes an immediate family member to petition the court for an ex parte temporary gun violence restraining order. Existing law authorizes a court, after notice and hearing, to issue a gun violence restraining order for a period of one year which may be renewed, as specified. This bill would require each specified law enforcement agency to develop and adopt written policies and standards, as described, regarding the use of gun violence restraining orders. By requiring local law enforcement agencies to develop new policies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1) The California Financing Law (CFL) provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight. The CFL prohibits anyone from engaging in the business of a finance lender or broker without obtaining a license. A willful violation of the CFL is a crime, except as specified. Under existing law, a licensee who lends any sum of money is authorized to contract for and receive charges at a maximum rate that does not exceed specified sums on the unpaid principal balance per month, ranging from 2 12 % to 1%, based on the consumer loan amount, as specified. This provision, however, does not apply to any loan of a bona fide principal amount of $2,500 or more, as determined in accordance with a provision governing regulatory ceilings and evasion of the CFL. The CFL also authorizes a licensee, as an alternative to the above-described rate charges for consumer loan amounts, to instead contract for and receive charges at the greater of a rate not exceeding 1.6% per month on the unpaid principal balance or a rate not exceeding 5 56 of 1% per month, plus a specified percentage per month, as established by the Federal Reserve Bank of San Francisco, on advances to member banks under federal law, or if there is no single determinable rate, the closest counterpart of this rate. Under existing law, these provisions do not apply to a loan of a bona fide principal amount of $2,500 or more, as specified. The CFL further authorizes a licensee to contract for and receive an administrative fee of a specified amount that varies with the bona fide principal amount of the loan. This bill, entitled the Fair Access to Credit Act, would authorize a finance lender, with respect to a loan of a bona fide principal amount of $2,500 or more but less than $10,000, to contract for or receive charges at a rate not exceeding an annual simple interest rate of 36% plus the Federal Funds Rate. The bill would require finance lenders making loans subject to these provisions to, among other requirements, report each borrower's payment performance to at least one consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and to also offer, at no cost to the borrower, a credit education program or seminar that has been previously reviewed and approved by the commissioner, in accordance with specific requirements. The bill would further specify that a licensee may contract for and receive an administrative fee, as described above, in addition to these charges. (2) Under the CFL, certain principles apply in determining whether a loan is a loan of a bona fide principal amount under specified provisions and whether the regulatory ceiling provision is used for purposes of evading the CFL. This bill would apply these principles to loans of a bona fide principal amount of $2,500 or more but less than $10,000. The bill would also apply these principles to any fees paid to a licensee for the privilege of participating in an open-end credit program. (3) Existing law prohibits licensees subject to the CFL from entering into a contract for a consumer loan that provides for a scheduled repayment of principal over more than the maximum terms set forth in relation to the respective size of the loan. Among other things, this provision prohibits a loan of at least $3,000 but less than $5,000 from exceeding a maximum term of 60 months and 15 days. This bill would increase the maximum principal loan amount under the above schedule to $10,000. The bill would also prohibit a licensee from entering into a contract for a consumer loan that is at least $2,500 but less than $10,000 that provides for a scheduled repayment of principal that is less than 12 months. The bill would also specify that the maximum loan term of 60 months and 15 days does not apply to a loan secured by real property of a bona fide principal amount of at least $5,000. The bill would also prohibit a licensee from charging, imposing, or receiving any penalty for the prepayment of a loan under the CFL, except as specified. (4) The CFL regulates a specific type of consumer loan known as an open-ended loan. The CFL prescribes the amount upon which charges authorized by the CFL may be based, the amount of a minimum monthly payment, the amount of fees, costs, and expenses a licensee may receive, and the amount to be delivered by the licensee at the time the open-ended loan is made. The CFL applies these provisions only to a loan of a bona fide principal amount not exceeding $5,000, as specified. This bill would apply those provisions to an open-ended loan in a bona fide principal amount not exceeding $10,000, as specified. The bill would make conforming and nonsubstantive changes. By expanding the application of the CFL to cover more loans, the bill would expand the scope of an existing crime, thereby imposing 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 California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as, among other things, the appraised value of that real property when a change in ownership has occurred. Existing property tax law provides that specified transfers are not deemed a change in ownership. The California Constitution and existing property tax law exclude from the definition of "change in ownership" real property transfers of a principal residence and the first $1,000,000 of the value of other real property between parents and their children, as defined by the Legislature. Existing property tax law defines "real property" for purposes of this provision and excludes from this definition an interest in a legal entity. This bill would also exclude from the definition of "change in ownership" any parent to child transfer of stock in a qualified corporation, as defined, that results in a change in ownership of the qualified property, as defined, owned by the qualified corporation, provided that the transfer of stock is due to the death of a parent or parents. The bill would require the assessor to report quarterly to the State Board of Equalization all transfers for which a claim for exclusion is made and the amount of each exclusion claimed. By imposing new duties upon local county officials with respect to the change in ownership exclusion described above, 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, 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.

The Pharmacy Law requires the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate the practice of pharmacy, including pharmacists, pharmacy technicians, and pharmacies. The Pharmacy Law authorizes the board, during a declared federal, state, or local emergency, to waive application of any provisions of the Pharmacy Law or the regulations adopted pursuant to it, if, in the board's opinion, the waiver will aid in the protection of public health or the provision of patient care. The Pharmacy Law requires the board to issue a remote dispensing site pharmacy license to a supervising pharmacy, as defined, of a remote dispensing site pharmacy, as defined, if certain requirements are met. The Pharmacy Law authorizes a registered pharmacy technician who meets certain requirements, including meeting qualifications established in regulations adopted by the board, to work at a remote dispensing site pharmacy and perform specific tasks under the supervision of a pharmacist at a supervising pharmacy using a telepharmacy system. This bill would authorize relocation of a pharmacy that is destroyed or severely damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, if no changes are made to the management and control, or ownership, of the pharmacy, and all applicable laws and regulations are followed, and require that the board be notified of the relocation immediately upon identification of the new location. The bill would specify the qualifications for a registered pharmacy technician to work at a remote dispensing site pharmacy, relating to licensing, certification, education, and minimum work experience, including completion of at least 2,000 hours of experience within the previous 2 years. The Pharmacy Law makes a knowing violation of any of its provisions punishable as a crime. By expanding the scope of an existing crime, this bill would result in a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. That law requires this general plan to include certain mandatory elements, including a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires the safety element to address, among other things, evacuation routes related to identified fire and geologic hazards. This bill, upon the next revision of a local hazard mitigation plan on or after January 1, 2022, or beginning on or before January 1, 2022, if a local jurisdiction has not adopted a local hazard mitigation plan, would require the safety element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. The bill would authorize a city or county that has adopted a local hazard mitigation plan, emergency operations plan, or other document that fulfills commensurate goals and objectives to use that information in the safety element to comply with this requirement by summarizing and incorporating by reference that other plan or document in the safety element. By increasing the duties of local planning officials with respect to the update of general plans, 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.