Asm. Cecilia Aguiar-Curry

Existing law establishes within state government the Department of Food and Agriculture in order to promote and protect the agricultural industry of the state. Existing law provides for the regulation of weeds and pest seeds generally. Existing law provides that a violation of the Food and Agricultural Code is a misdemeanor, unless a different penalty is expressly provided. This bill would establish the Broomrape Board within the Department of Food and Agriculture to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to broomrape, as specified. The bill would require the secretary to appoint at least 12 members to the board, consisting of at least 3 representatives from each specified geographical district and that are persons recommended by the tomato industry and approved by the secretary. The bill would authorize the secretary to appoint a public member and ex officio nonvoting members to the board, as specified. The bill would require the board to recommend specified actions to the secretary, including, among other things, conducting research related to broomrape, surveying, detecting, analyzing, and treating causes of broomrape, and establishing an annual assessment rate or schedule of rates to be paid equally by producers and handlers of tomatoes. The bill would require the secretary, upon receipt of a recommendation from the board for the adoption of regulations, to accept or reject the recommendation or request that the board provide additional information. By authorizing new regulations, the bill would expand the scope of a crime and create a state-mandated local program. The bill would authorize the secretary to appoint a statewide coordinator to establish the board and enact any activities authorized by these provisions. The bill would create the Broomrape Management Account, a continuously appropriated account, in the Department of Food and Agriculture Fund and would specify the funds to be deposited into the account, thereby making an appropriation. The bill would require any funds within the account to be used to reimburse the secretary for the costs of carrying out recommendations of the board. The bill would exempt the account from specified budget reporting requirements. The bill would require any costs incurred by the department in establishing, administering, and enforcing the provisions of this bill to be reimbursed solely by the assessment. The bill would authorize the secretary to adjust the assessment rate or schedule of rates from time to time when recommended by the board and would require the assessments collected from producers to be paid by handlers to the secretary. The bill would provide that any assessment that is imposed on the producer or handler is a personal debt of the person assessed and would require the payment of a specified penalty if the assessment is not paid. The bill would require any funds received pursuant to the above provisions to be deposited and handled in a manner determined by the board and to be expended for the purposes, administration, and enforcement of the broomrape program. The bill would make the above provisions inoperative on July 1, 2028, and would require any funds received pursuant to the above provisions that remain on that date to be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period before that date, unless the secretary finds the amounts returnable are minimal and therefore impractical to refund, or the person who paid the assessment cannot be located, in which case the bill would authorize the use of the funds for broomrape control or related research activities. The bill would repeal the broomrape program on January 1, 2029. 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 state flag and the state's emblems, including, among other things, the California redwood as the official state tree and the California gray whale as the official state marine mammal. This bill would establish the pallid bat (Antrozous pallidus) as the official state bat.

Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody or visitation, to determine the best interests of the child based on certain factors, including the health, safety, and welfare of the child, and the nature and amount of contact with both parents, except as specified. Existing law also requires the court to determine, under designated circumstances, whether to require that visitation to be supervised, suspended, limited, or denied. Under existing law, if the court finds that a party is staying in a domestic violence shelter or other confidential location, the court is required to design a visitation order to prevent disclosure of the location of the shelter or other confidential location. This bill, among other things, would require the court, in determining whether to require the above-described limitations on visitation, to consider virtual visitation, as defined. The bill would require a court, if it finds that a party is staying at one of the above-described locations due to domestic violence or fear of domestic violence from the other parent, to order in-person visitation only if the court finds that in-person visitation is in the best interest of the child and taking into consideration, among other things, the potential for disclosure of the confidential location. Existing law requires the Judicial Council to develop standards for supervised visitation providers in accordance with specified guidelines. When developing standards, existing law requires the Judicial Council to consider, among other things, the provider's qualifications, experience, and education. Under existing law, the term "provider" includes any individual who functions as a visitation monitor, as well as supervised visitation centers. This bill would authorize superior court locations to serve as supervised visitation and exchange locations, and would also authorize the court to designate employees and contractors to provide supervised visitation and exchange services or assistance with those services. This bill would incorporate additional changes to Section 3011 of the Family Code proposed by AB 957 to be operative only if this bill and AB 957 are enacted and this bill is enacted last.

(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2024, and repeals them as of that date. This bill, instead, would make those provisions operative only until July 1, 2026, repeal those provisions on that date, and make conforming changes. (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative on January 1, 2022, and repeals them on July 1, 2024. This bill, instead, would make those provisions operative only until July 1, 2026, and repeal them on that date. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, for a period of one year after the end of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic, or until January 1, 2024, whichever occurs first, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service in relation to the COVID-19 public response, this bill, instead, would make those provisions operative only until July 1, 2026. (4) 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 Menstrual Equity for All Act of 2021, requires a public school, as provided, maintaining any combination of classes from grades 6 to 12, inclusive, to stock the school's restrooms with an adequate supply of free menstrual products, as defined, available and accessible, free of cost, in all women's restrooms and all-gender restrooms, and in at least one men's restroom, at all times, and to post a certain notice, on or before the start of the 2022–23 school year, as prescribed. This bill would extend these requirements, commencing on or before the start of the 2024–25 school year, to instead apply to public schools maintaining any combination of classes from grades 3 to 12, inclusive. By imposing new duties on local educational 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.

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities under the jurisdiction of the Department of Cannabis Control. Existing law authorizes certain employees of the California Department of Tax and Fee Administration (CDTFA) or a peace officer to enter and inspect a place at which cannabis or cannabis products are sold, cultivate, or stored and authorizes the CDTFA or a law enforcement agency to seize cannabis or cannabis products in certain circumstances, such as if the person is unlicensed, among others. Existing law makes refusal or failure to allow an inspection a misdemeanor and a violation of the Cannabis Tax Law, generally a misdemeanor. Under existing law, the Department of Cannabis Control is authorized to issue a citation to a licensee or unlicensed person for any act or omission that violates or has violated any provision of specified statutes or regulations. Existing law authorizes the department to assess an administrative fine not to exceed $5,000 per violation by a licensee and $30,000 per violation by an unlicensed person. This bill would make the possession of the universal symbol in connection with a commercial activity a violation, as described, and would make each individual package, label, advertisement, or other object bearing the universal symbol a separate violation. The bill would require a person using or possessing the universal symbol in connection with a commercial activity to maintain and produce records that the use or possession is in connection with licensed commercial activity. The bill would make a package, label, advertisement, or other document or object of any kind bearing the universal symbol contraband and require it to be seized and summarily forfeited. The bill would authorize the person from whom a package, label, advertisement, or other document or object is seized to petition for return of the object, as specified. The bill would make an exception for the educational, informational, or other noncommercial use or possession of the universal symbol. The bill would expand the places and items authorized for certain employees of the CDTFA or a peace officer to inspect and seize to include any place where any package, label, advertisement, or other document or object of any kind bearing the universal symbol are sold or stored. By expanding the locations authorized for entry and inspection, the bill expands the scope of a crime and imposes 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 Psychology Licensing Law, establishes the Board of Psychology to license and regulate the practice of psychology. Existing law requires each applicant for licensure as a psychologist to take and pass any examination required by the board, except as exempted by the board under existing law. Existing law prescribes additional requirements for licensure, including a requirement that an applicant for licensure have earned a doctoral degree in any of specified fields of study. This bill would make an applicant for licensure who has completed all academic coursework, as specified, required for such a doctoral degree, as documented by a written certification from the registrar of the applicant's educational institution or program, eligible to take any and all examinations required for licensure. The bill would require the board to implement a process to verify any additional eligibility requirements beyond the completion of academic coursework that are imposed by a national licensing examination entity, as specified.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian and generally requires the court to order the social worker to provide designated child welfare services, including family reunification services, which are to be provided up to 12 months from the date the child entered foster care. Existing law authorizes the court-ordered services to be extended up to another 6 months at the 12-month permanency hearing if the court finds that there is a substantial probability that the child will be returned to the physical custody of the parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian, and requires the court to specify the factual basis for its conclusion that there is that substantial probability. Existing law similarly authorizes the court-ordered services to be extended up to another 6 months at the 18-month permanency hearing for specified parents if the court finds that it is in the best interest of the child to have the time extended and there is a substantial probability that the child will be returned to the physical custody of the parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian, and requires the court to specify the factual basis for its conclusion that there is that substantial probability. This bill would clarify that the court shall also specify its factual basis for its conclusion that either reasonable services have not been provided to the parent or guardian or, in the case of an Indian child, that active efforts to reunite the child with their family have not been made if the court extends the services on either basis. The bill would also require the court to extend reunification services for an additional 6 months if the court determines at the 18-month permanency hearing that reasonable services have not been provided, except as specified, or that, in the case of an Indian child, active efforts to reunite the child with their family have not been made. By imposing additional duties on counties, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by SB 463 to be operative only if this bill and SB 463 are enacted and this bill is enacted last. 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 Department of Forestry and Fire Protection in the Natural Resources Agency and establishes the State Board of Forestry and Fire Protection within the department. Existing law requires the department to administer fire prevention programs and activities and requires the state board to adopt regulations implementing minimum fire safety standards. 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. This bill would, commencing July 1, 2026, require fuel reduction work, done under contract and paid for in whole or in part out of public funds, as specified, to meet several standards, including that all workers performing work within an apprenticeable occupation in the building and construction trades be paid at least the general prevailing rate of per diem wages. The bill would authorize the Labor Commissioner to enforce the requirement to pay prevailing wages. The bill would exempt from these requirements, among other things, contracts in the amount of $500,000 or less.

Existing law, the California Privacy Rights Act of 2020 (CPRA) , approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to require the business to delete personal information about the consumer, as specified, unless those obligations restrict a business's ability to, among other things, comply with federal, state, or local laws or comply with a court order or subpoena to provide information, or cooperate with a government agency request for emergency access to a consumer's personal information if a natural person is at risk or danger of death or serious physical injury, as provided. This bill would, if the consumer's personal information contains information related to accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, require a business to comply with the obligations imposed by the CPRA unless the personal information is used for specified business purposes, as defined, is only retained in aggregated and deidentified form, and is not sold or shared. The bill would specify that the requirement to comply without regard to the above-described exceptions does not alter the duty to preserve or retain evidence in an ongoing civil proceeding. The bill would further specify that a consumer accessing, procuring, or searching for those services does not constitute a natural person being at risk or danger of death or serious physical injury. The bill would also make nonsubstantive conforming changes. The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.