Asm. Pilar Schiavo

Existing law requires the Department of Transportation to prepare the California Transportation Plan for submission to the Governor and the Legislature as a long-range planning document that incorporates various elements and is consistent with specified expressions of legislative intent. Existing law requires the department to complete the 3rd update to the plan by December 31, 2025, and to update the plan every 5 years thereafter. This bill would require the California Transportation Plan to also include a financial element that summarizes the full cost of plan implementation through the first 10 years of the planning period and includes a summary of available revenues through the planning period and an analysis of what is feasible within the plan if constrained by a realistic projection of available revenues, as specified. This bill would require the department to enhance an existing public online dashboard on or before January 1, 2027, to display how annual project investments from specified transportation funding programs are advancing the vision and goals of the California Transportation Plan, using performance metrics determined by the department for each funding program, as specified. The bill would require the department to display other specified information on the dashboard and to periodically update the performance metrics and data on the dashboard, as specified.

Existing law grants pupils, parents, and guardians certain rights regarding the delivery of educational services, including, among others, rights regarding primary supplemental instruction materials. Existing law provides that none of these rights shall be construed as restricting teachers in the assignment of homework. This bill, the Healthy Homework Act, would encourage each school district, county office of education, and charter school to (1) develop a homework policy for all grades maintained by the local educational agency, as specified, by the start of the 2027–28 school year, (2) formally adopt a final homework policy by the start of the 2028–29 school year, and (3) update the adopted homework policy at least once every 5 years, as provided. The bill would, among other things, encourage the local educational agency to annually distribute the adopted or updated homework policy at the beginning of the school year to all certificated staff and administrators, to all pupils and parents or legal guardians, as specified, and by publication on the local educational agency's internet website and on the internet websites of the individual schools operated by the local educational agency. For a local educational agency that formally adopted a homework policy on or before July 31, 2024, the bill would encourage the local educational agency to update its adopted homework policy before the start of the 2028–29 school year or within 5 years of its adoption, whichever is later, and would encourage the local educational agency's updated homework policy to be consistent with the bill's provisions. The bill would authorize the State Department of Education to develop and post on its internet website, guidelines for local educational agencies to use in developing the homework policy, as provided, and would encourage those guidelines to be developed and posted by January 1, 2026.

Under existing law, a person who, as a result of a mental health disorder, is a danger to self or others or is gravely disabled, may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law provides that each person who is involuntarily detained for evaluation or treatment, as specified, or admitted as a voluntary patient for psychiatric evaluation or treatment to a health facility, as specified, and each person who is committed to a state hospital, has certain rights, including the right to receive a copy of the State Department of Health Care Services prepared patients' rights handbook. This bill would require a facility to which a person is brought for involuntary detention to offer and provide a copy of the State Department of Health Care Services' prepared patients' rights handbook to a family member of the detained person, as specified. The bill would require a facility where a person is involuntarily detained for assessment to offer and provide the person with a copy of the handbook if the handbook has been provided to a family member. The bill would define "family member" for these purposes to include, among others, the spouse or domestic partner of the person and the parent or legal guardian of the person.

Existing law, the California Emergency Services Act, authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a "Feather Alert," as defined, if the law enforcement agency determines that specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances. Existing law requires the department, if it concurs that those specified requirements are met, to activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. Existing law requires the department to create and submit a report to the Governor's office and the Legislature that includes an evaluation of the Feather Alert, as specified. This bill would require the department, in consultation with specified groups including tribal nations, to develop policies and procedures providing instruction specifying how a law enforcement agency and certain entities involved in emergency warnings are required to proceed after a missing person has been reported to a law enforcement agency, as defined, and prescribed conditions are met. The bill would require those policies and procedures to include, among other things, procedures for the transfer of information regarding the missing person and the circumstances surrounding the missing person's disappearance, as specified. This bill would require the department to respond to a law enforcement agency's or tribe's request to activate a Feather Alert within 48 hours of receiving the request. The bill would require the department to take reasonable steps to confirm that a report from a missing person's family members is not an attempt to locate an indigenous person who is intentionally avoiding or evading abuse, as specified. If the department declines to activate a Feather Alert, the bill would require it to provide written notice to the requesting law enforcement agency or tribe, as specified. This bill would revise the conditions under which a law enforcement agency may request the department to activate a Feather Alert. In this regard, the bill would authorize the agency to make that request if it determines a Feather Alert would be an effective tool in the investigation of missing and murdered indigenous persons. To make that determination, the bill would require a law enforcement agency to consider prescribed factors, including, among other things, that the agency or tribe believes that the person is in danger and is missing under specified circumstances. This bill would revise the reporting requirement described above to require the department to work with law enforcement agencies and tribal nations to create the report and to submit the report no later than January 1, 2027. The bill would require the report to include information on the efficacy and advantages of the Feather Alert, including, but not limited to, statistical data on the number of cases closed and the number of cases that remain open, and the impact of the Feather Alert on other alert programs.

The Early Education Act establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children across the state through a mixed-delivery system, as defined. The act requires the Superintendent of Public Instruction to establish rules and regulations for the staffing of all preschool programs under contract with the State Department of Education. This bill would, notwithstanding any provision of the act to contrary, require the department to, among other things, provide prospective California state preschool program providers an equitable opportunity to establish a trained workforce and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, as provided. The bill would, notwithstanding any provision of the act to contrary, require the department to, among other things, develop early learning resources, as specified, and to develop and implement a proactive one-time 3-year outreach, capacity building, training, and technical assistance plan that targets prospective and new contractors, as provided. The bill would make its provisions operative only upon appropriation by the Legislature for its purposes.

Existing law, the Teacher Housing Act of 2016, authorizes a school district to establish and implement programs that address the housing needs of teachers and school district employees who face challenges in securing affordable housing, as specified. The act provides that the purpose of the act is to facilitate the acquisition, construction, rehabilitation and preservation of affordable rental housing for teachers and school district employees to allow teachers or school district employees to access and maintain housing stability. The act provides that it specifically creates a state policy supporting housing for teachers and school district employees as described by specified federal law and permits school districts and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers and school district employees on land owned by school districts, so long as that housing does not violate any other applicable laws. The act defines various terms for these purposes. This bill would authorize the California State University to establish and implement programs that address the housing needs of faculty or California State University employees who face challenges in securing affordable housing, as specified. The bill would provide that the purpose of its provisions are to facilitate the acquisition, construction, rehabilitation and preservation of affordable rental housing for faculty or California State University employees to allow them to access and maintain housing stability. The bill would provide that it specifically creates a state policy supporting housing for faculty or California State University campus employees as described by specified federal law and permits the California State University developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to faculty or California State University employees on land owned by the California State University or a California State University auxiliary organization, as defined, so long as that housing does not violate any other applicable laws. The bill would define various terms for these purposes.

Existing law creates the Governor's Office of Business and Economic Development, known as "GO-Biz," and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law references GO-Biz's Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office's development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials. Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city to adopt prescribed zoning ordinances within its jurisdiction. Existing law declares that it is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. Existing law prescribes various requirements on the review and approval of applications to install electric vehicle charging stations. Existing law requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations and hydrogen-fueling stations through the issuance of a building permit or similar nondiscretionary permit and requires the review of an application to install an electric vehicle charging station or a hydrogen-fueling station to be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. Existing law defines "electric vehicle charging station" or "charging station" for these purposes. This bill would require local agencies to, among other things, develop a checklist that includes all of the information required for a complete application for a permit or other authorization to install an electric vehicle charging station within the public right-of-way, as defined. As part of that process, this bill would require local agencies to consider the Electric Vehicle Charging Station Permitting Guidebook from the Governor's Office of Business and Economic Development. The bill would require local agencies with populations of 250,000 or more to comply with these provisions by January 1, 2027, and local agencies with populations of fewer than 250,000 residents to comply with these provisions by January 1, 2029. The bill would define various terms for these purposes. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. 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, 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 regulates automatic renewal offers and continuous service offers that businesses make to California consumers. Existing law defines "automatic renewal" for these purposes to mean a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. Existing law also defines "continuous service" to mean a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service. This bill would revise those definitions to include a provision of a contract containing those subscriptions or purchasing agreements and to include a plan, arrangement, or provision of a contract that contains a free-to-pay conversion. The bill would further define "free-to-pay conversion" to mean, in an offer or agreement to sell or provide any goods or services, a provision under which a customer receives a product or service for free for an initial period and will incur an obligation to pay for the product or service if they do not take affirmative action to cancel before the end of that period. Existing law makes it unlawful for a business that makes an automatic renewal offer or continuous service offer to a consumer in this state to take or fail to take certain actions relating to the communication of, and consent to, the terms of the offer. In this regard, existing law requires, among other things, the business to present the terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled and in visual or temporal proximity to the request for consent to the offer, as specified. Existing law also requires the business to provide an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel in a specified manner. This bill would require the business to obtain the consumer's express affirmative consent to the automatic renewal or continuous service offer terms, as defined. The bill would prohibit the business from including any information in the contract that undermines the ability of consumers to provide their affirmative consent, as specified. The bill would require the business to maintain verification of the consumer's affirmative consent for at least 3 years, or one year after the contract is terminated, whichever period is longer. The bill would prohibit the misrepresentation of material facts or terms related to the transaction, as provided. The bill would also require the business to send the consumer an annual reminder that discloses, as specified, the product or service to which the automatic renewal or continuous service applies, the frequency and amount of the associated charges, and the means to cancel the service. Existing law requires a business that makes an automatic renewal offer or continuous service offer to provide various methods for cancellation or termination, including by toll-free telephone number, email address, a postal address, another cost-effective, timely, and easy-to-use mechanism for cancellation, or online if specified requirements are met. This bill would require the ability to cancel or terminate to be available in the same medium that the consumer used in the transaction that resulted in the activation of the automatic renewal or continuous service, or the same medium in which the consumer is accustomed to interacting with the business, as specified. The bill would require a mechanism for cancellation by toll-free telephone number to, among other things, be answered promptly during normal business hours and not obstruct or delay the consumer's ability to cancel the service or feature, as specified. In this regard, the bill would also specify that it is not an obstruction or delay to provide a discount offer or other consumer benefit or to inform a consumer of the effect of the cancellation if the consumer remains able to cancel or terminate the automatic renewal or continuous service, as specified. Existing law requires, in the case of a material change in the terms of the automatic renewal or continuous service that has been accepted by a consumer in this state, the business to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel in a specified manner. This bill would additionally require, in the case of the business changing the fee, including changes the consumer affirmatively consented to in an existing plan or arrangement, the business to provide a clear and conspicuous notice of the fee change and information regarding how to cancel in a specified manner no less than 7 days and no more than 30 days before the fee change takes effect. Existing law requires a business that made an automatic renewal or continuous service offer that includes a free gift or trial, a promotional or discounted price, or an initial term of one year or longer, as specified, to provide the consumer with a certain notice a certain number of days before the promotional period expires or the offer automatically renews, as prescribed. Existing law requires the notice to clearly and conspicuously state specified information, including that the service will automatically renew unless the consumer cancels and the method by which the consumer can cancel the service. This bill would also require the business to provide the notice to the consumer before confirming the consumer's billing information. The bill would also require the notice to include the amount or range of costs the consumer will be charged and, if applicable, the frequency of those charges a consumer will incur unless the consumer takes timely steps to prevent or stop those charges. This bill would apply its provisions to contracts entered into, amended, or extended on or after July 1, 2025.

Existing law requires that a weapon acquired by a specified governmental entity under specified circumstances, including as part of a "gun-buyback" program, be destroyed. This bill would require a law enforcement agency that contracts with a third party for the destruction of firearms or weapons to ensure that the contract for those services prohibits the sale of any parts of, or attachments to, the firearm or other weapon, as specified. The bill would also exempt from the destruction requirement, any firearm obtained through a "gun-buyback" program that is donated to a historical society, museum, or institutional collection, as specified. By requiring a higher level of service for local agencies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by SB 1019 and AB 2739 to be operative only if this bill and either one or both of those bills 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, 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 generally regulates the possession of firearms, including imposing storage requirements to prevent children from gaining access to firearms. This bill would, beginning on January 1, 2026, require a person who possesses a firearm in a residence to keep the firearm securely stored when the firearm is not being carried or readily controlled by the person or another lawful authorized user. For purposes of these provisions, a firearm is securely stored if the firearm is maintained within, locked by, or disabled using a certified firearm safety device or secure gun safe that meets specified standards. The bill would make a first and 2nd violation of this offense punishable as an infraction, and a 3rd or subsequent violation punishable as a misdemeanor. The bill would exempt unloaded antique firearms, as defined, or firearms that are permanently inoperable from these provisions. The bill would require the Department of Justice to seek to inform residents about these standards for storage of firearms. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a misdemeanor or a felony if a person keeps a firearm within any premises that are under the person's custody or control and the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian, and the child obtains access to the firearm and causes injury, other than great bodily injury, or death or great bodily injury to the child or any other person, or carries that firearm off-premises, as defined, to a public place or a school. Existing law exempts a person from the above provisions if the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises. This bill would remove these exemptions. 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.