Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above, including, among others, a bona fide business-to-business contracting relationship, under specified conditions. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would create a new exemption from the ABC test, described above, for a bona fide business-to-business arrangement that involves a voluntary deposit, as described, under specified conditions.
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Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The California Constitution authorizes the commission to fix the rates and establish rules for all public utilities, subject to control by the Legislature. The California Constitution provides that the Legislature has plenary authority, unlimited by the other provisions of the constitution, to confer additional authority upon the commission that is cognate and germane to the regulation of public utilities. Existing law requires the commission, in consultation with the Independent System Operator, to establish resource adequacy requirements for all load-serving entities, defined to include electrical corporations, community choice aggregators, and electric service providers. That law requires each load-serving entity to maintain physical generating capacity and electrical demand response adequate to meet its electrical demand requirements. In establishing resource adequacy requirements, the commission is required to ensure the reliability of electrical service while advancing, to the extent possible, the state's goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. Existing law requires that the resource adequacy program achieve specified objectives. Existing law requires the commission to adopt a process for each load-serving entity to file an integrated resource plan and a schedule for periodic updates to the plan to ensure that load-serving entities accomplish specified objectives. Existing law requires each load-serving entity to prepare and file an integrated resource plan consistent with those objectives on a time schedule directed by the commission and subject to commission review. Existing law provides that an electrical corporation is the provider of last resort, as defined, in its service territory unless provided otherwise in a service territory boundary agreement approved by the commission or unless the commission designates a load-serving entity other than the electrical corporation to serve as the provider of last resort for all or a portion of that service territory pursuant to a joint application of the electrical corporation and the load-serving entity. Existing law establishes requirements for a load-serving entity other than the electrical corporation to serve as the provider of last resort. Existing law requires the commission to supervise and regulate each provider of last resort, as necessary, as a public utility for the services it provides as a provider of last resort to ensure the provision of electrical service to customers without disruption, and provides that each provider of last resort is a public utility subject to the jurisdiction, control, and regulation of the commission, as specified. This bill would establish the California Procurement Authority as a central procurement entity to ensure that load-serving entities collectively have adequate electrical resources, both in the short run and long run, as are necessary to ensure resource adequacy and to achieve the purposes of the integrated resource planning process. The bill would require the commission, in consultation with the Independent System Operator and the Office of the Ratepayer Advocate, to develop an implementing framework for the authority through a public process by January 1, 2023, and would require the commission to ensure that the authority is operational by January 1, 2024. The bill would require the authority to procure electrical resources to meet the collective procurement needs identified by the commission pursuant to the resource adequacy and integrated resource planning statutes that are not fulfilled by self-procurement by load-serving entities whether because a load-serving entity elected to not procure their proportionate share of those resource requirements identified by the commission or because they are unable to procure sufficient resources to meet their proportionate share of those requirements. If an electrical corporation voluntarily elects to cease procuring electricity to serve the bundled service customers in its service territory, or otherwise is unable to serve its bundled service customers, the bill would require the authority to serve those customers. The bill would require the authority to serve as the provider of last resort for all customers in an electrical corporation's distribution service territory, except where the electrical corporation serves as the provider of last resort or where a load-serving entity has been approved by the commission to serve as the provider of last resort. If an electrical corporation voluntarily elects to cease providing electricity to retail customers in its service territory, for any customer not served by a community choice aggregator or an electric service provider, the bill would require that the authority serve as the provider of last resort, except where another load-serving entity is designated by the commission to serve as the provider of last resort. This bill would require the commission to ensure that the authority complies with its responsibilities as the provider of last resort. The bill would require that an electrical corporation be exclusively responsible for planning, making necessary investments in, and operating the electrical distribution grid in its distribution service territory and, if a distributed energy resource provides distribution grid operations or services on the utility side of the meter, the bill would provide that the distributed energy resource is a part of the electrical distribution grid for these purposes. This bill would, beginning one year from the establishment of the authority, require the commission, in consultation with the authority, the Independent System Operator, and the State Energy Resources Conservation and Development Commission, to annually submit to the Legislature a report on the effectiveness of the authority's procurement activities and the cost-effectiveness of those activities. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 Office of Small Business Advocate within the Governor's Office of Business and Economic Development for the purpose of advocating for the causes of small business and to provide small businesses with the information they need to survive in the marketplace. This bill, the Keep California Working Act, would establish the Keep California Working Grant Program. The act would require the Small Business Advocate to administer the program and award grants, as specified, to small businesses and nonprofit entities that meet specified criteria, including that the entity has experienced economic hardship resulting from the COVID-19 pandemic. The act would specify that grant money awarded pursuant to the program may be used only for specified purposes, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. The act would appropriate $2.6 billion dollars to the Office of Small Business Advocate for those purposes. The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. This bill would exclude from gross income, for state income tax purposes, the amount of a grant awarded pursuant to the Keep California Working Grant Program. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for a bill authorizing a new tax expenditure. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the Veterinary Medicine Practice Act, provides for the licensure and registration of veterinarians and the regulation of the practice of veterinary medicine by the Veterinary Medical Board in the Department of Consumer Affairs. Under the act, prescribed actions constitute the practice of veterinary medicine. The act makes a violation of its provisions a crime. This bill would include in the actions that constitute the practice of veterinary medicine the collection of blood from an animal for the purpose of transferring or selling that blood and blood component products, as defined, to a licensed veterinarian for use at a registered premises, except in certain circumstances. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) Existing law permits a registered veterinary technician or a veterinary assistant to administer a drug, including a controlled substance, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian. This bill would also permit a registered veterinary technician or veterinary assistant to collect blood from an animal for the purpose of transferring or selling the blood and blood component products to a licensed veterinarian at a registered premises, under the direct or indirect supervision of a licensed veterinarian, as specified. (3) Existing law provides for the licensure of commercial blood banks for animals by the Secretary of Food and Agriculture. Existing law also defines a "commercial blood bank for animals" to mean an establishment that produces animal blood or blood component products to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals. This bill would establish, within the Veterinary Medicine Practice Act, new procedures governing community blood banks for animals and would impose new requirements on veterinarians engaged in the production of animal blood and blood component products. The bill would define a "community blood bank" as a commercial blood bank for animals that produces animal blood or blood component products solely from community-sourced animals whose owners voluntarily consent to the donation. The bill would require each veterinarian who is licensed in California and engages in the production of animal blood or blood component products to meet specified conditions, including following current and best practices on community animal blood banking, using methods of production that are consistent with current standards of care and practice for the field of veterinary transfusion medicine, and obtaining informed written consent of the owner of the animal blood donor. The bill would prohibit a veterinarian or a community blood bank operating under these provisions from providing payment to a person who provides an animal for the purpose of donating that animal's blood and blood component products for use in their practice and for retail sale and distribution. The bill would authorize the Veterinary Medical Board to establish a community blood bank registration fee and an annual renewal fee to be paid by community blood banks to cover the costs associated with oversight and inspection of the premises. The bill would prohibit the fees from exceeding the reasonable regulatory costs of administering, implementing, and enforcing these provisions. The bill would require a community blood bank operating under the above-described provisions to comply with specified blood and blood component product registration requirements imposed under existing Food and Agricultural Code provisions. The bill would also require a community blood bank to submit a quarterly report to the Department of Food and Agriculture every 3 months that includes, among other information, the number of donations from community-sourced animals during that quarter, by species of animal. The bill would provide that a violation of these provisions by a community blood bank constitutes cause for corrective action or various other actions by the Veterinary Medical Board. The bill would define related terms, for purposes of carrying out these provisions, including "captive closed colony" and "community sourced." (4) Existing law prohibits a person from engaging in the production of animal blood and blood component products for retail sale and distribution except in a commercial blood bank for animals licensed by the Secretary of Food and Agriculture that meet certain criteria. A violation of these provisions is a crime. This bill would instead prohibit a person from engaging in the production of animal blood and blood component products for retail sale and distribution except in a captive closed-colony commercial blood bank for animals licensed by the secretary or in accordance with the above-described provisions governing community blood banks for animals. The bill would require each community blood bank to register blood and blood component products with the secretary in accordance with existing procedures. The bill would require the Department of Food and Agriculture to discontinue its licensing program for commercial blood banks for animals that produce canine blood, as defined, and blood component products sourced from captive closed-colony dogs within 18 months of the secretary making specified findings about the amount of canine blood sold in the state, and satisfying other conditions. The bill would require the calculation of canine blood to be done separately, with whole blood, packed red blood cells, and fresh frozen plasma being measured as separate amounts in estimated milliliters based on weight in grams. The bill would require the department to annually submit specified canine blood collection information to specified members of the Legislature and the Veterinary Medical Board. The bill would require the department, in collaboration with the Veterinary Medical Board, technical experts in animal blood banking, and any other relevant stakeholders, by March 1, 2023, to develop and publish on its internet website a "Community Animal Blood Banking Guidance Resource" or other documents that provide veterinarians, at a minimum, accurate, clear, and concise information regarding best management practices for operating community blood banks. The bill would also prohibit the secretary from accepting new applications to license a commercial blood bank for animals that produce canine blood or blood component products sourced from captive closed-colony dogs. The bill would also require that the secretary, when licensing establishments as captive closed-colony commercial blood banks, to only license establishments that, among other conditions, keep, house, or maintain all animal donors within California state boundaries. The bill would authorize closed-colony blood banks to transition to community-sourced models and continue to operate in accordance with specified provisions. By expanding the scope of a crime, the bill would impose a state-mandated local program. (5) Existing law requires an application for a license for an establishment that produces, or proposes to produce, animal blood and blood component products to be made on a form issued by the Secretary of Food and Agriculture and to contain specific information, including a written protocol that addresses the length of time for donation by animals, among other requirements. This bill would specify that the application for a license applies to any establishment that produces, or proposes to produce, animal blood and blood component products from a closed-colony blood bank. The bill would require the written protocol to be consistent with current standards of care and practice for the field of veterinary transfusion medicine and would require that protocol to include bloodborne pathogen testing for all dog and cat blood donors, as prescribed. The bill would prohibit a commercial blood bank for animals from discriminating against veterinarians licensed in California in the sale of animal blood or blood component products. The bill would specify that a commercial blood bank for animals that refuses to sell animal blood or blood component products to a veterinarian in circumstances in which that blood bank has an available supply may be deemed by the secretary to be in violation of this provision. (6) Existing law requires the licensee application fee and license renewal fee for an establishment proposing to produce or producing animal blood and blood component products to be $250 for each establishment. This bill would increase the application and annual license fees to $1,000 for each establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank and would allow for these fees to be adjusted annually for inflation. The bill would authorize the Department of Food and Agriculture to set inspection fees, as specified. (7) Existing law prohibits a person from offering a blood or blood component product for sale unless it is produced in an establishment licensed by the Secretary of Food and Agriculture. This bill would also permit a person to offer a blood or blood component product that is in accordance with the procedures governing blood banks for animals or imported into the state from an out-of-state blood bank that the secretary would be required to track, administer, and enforce, in compliance with California standards. The bill would require that the importation and sale of canine blood and blood component products from out-of-state sources is only permitted from community blood banks and would additionally require out-of-state community blood banks that sell canine blood and blood component products in the state to submit a quarterly report to the Department of Food and Agriculture every 3 months that includes specified information. (8) Existing law requires an application for registration of blood or a blood component product to include both a protocol of the methods of production in detail that is followed in the production of the product and a sample of the label to be placed on the blood or blood component product. This bill would also require that application to include the name and address of the person who owns the property, establishment, institution, or business that sells the blood, and various other information about the products for sale and the facilities. The bill would impose a registration application fee and annual renewal fee in the amount of $500 for each blood or blood component product for retail sale or use in California. The bill would authorize the Department of Food and Agriculture to increase or decrease the fees in an amount that does not exceed the department's reasonable regulatory costs incurred to administer and enforce product safety standards. The bill would also require each licensed closed-colony blood bank to maintain an onsite record of the number of donations collected from captive animals, the amount of blood collected per donation in estimated milliliters based on weight in grams, any adverse events, and other specified information. The bill would further require a licensed closed-colony blood bank to submit quarterly reports to the department every 3 months including specified information. The bill would make a violation of this provision and other specified provisions a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license by the department. The bill would require proceedings to be conducted in conformity with formal administrative adjudication procedures. (9) Existing law provides that all records held by the Department of Food and Agriculture relating to the provisions on commercial blood banks for animals and biologics are confidential and not subject to disclosure under the California Public Records Act, except that those records are accessible to law enforcement officers with jurisdiction over a matter covered by these provisions. This bill would provide that "identifying personal information," as defined, would be kept confidential and not subject to disclosure under the act. The bill, however, would allow for the disclosure of certain information so long as the data does not contain individually identifiable information and would require disclosure of information that is already in the public domain. The bill would define "identifying personal information" to mean certain information pertaining to the owner of an animal donor, as specified, including social security number, date of birth, and related information. (10) Existing law exempts from the provisions governing commercial blood banks for animals and biologics certain entities and also licensed private veterinarians who collect blood or blood products solely for their own practice. This bill would also exempt from those provisions licensed veterinarians engaged in the production of animal blood and blood component products for community blood banks for animals, except as specified. (11) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (12) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor. Existing law authorizes the issuance of a caterer's permit, upon application to the department, to a licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans' club license, that authorizes the holder of the permit to sell alcoholic beverages at specified locations and events, including, among others, conventions, sporting events, and trade exhibits. Under existing law, licensees are required to first obtain consent from the department for sales of alcoholic beverages at each event in the form of a catering or event authorization. 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, has 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. This bill would prohibit the issuance of a catering authorization for use at any one premises for more than 36 events in one calendar year, except as specified. This bill would authorize 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. The bill would also authorize the department to extend the period of time during which the COVID-19 Temporary Catering Authorization is valid beyond 365 days if the licensee has filed a pending application with the department for the permanent expansion of their premises before the 365-day time period expires. The bill would make these provisions effective only until July 1, 2024, and repeal them as of that date. (2) Existing law, with exceptions, prohibits a licensee from having, upon the licensed premises, any alcoholic beverages other than the alcoholic beverage that the licensee is authorized to sell at the premises under their license, and makes a violation of this prohibition punishable as a misdemeanor. This bill would, as an exception to that prohibition, authorize a licensed manufacturer to share a common licensed area with multiple licensed retailers, subject to specified provisions, including, but not limited to, that (A) a licensee sharing the common licensed area with a licensed manufacturer is prohibited from selling or serving any alcoholic beverages that are manufactured, produced, bottled, processed, imported, rectified, distributed, represented, or sold by the manufacturer, as provided, (B) the licensed manufacturer may, in connection with the operation of the shared common area only, advertise or promote the common licensed area, provided that each retailer pays its pro rata share of the costs of such advertising or promotion, as specified, (C) no thing of value may be given or furnished by the manufacturer to the retailers, except as specified, (D) the manufacturer may have on the area of its licensed premises that encompass the shared common licensed area alcoholic beverages that would not otherwise be permitted on the manufacturer's licensed premises, as provided, (E) all licensees sharing the common licensed area are required to hold the same license type retailers, (F) all licensees holding licenses within the shared common licensed area are jointly responsible for compliance with all laws that may subject their license to discipline, and (G) the manufacturer maintains records necessary to establish its compliance, as specified. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the Employment Development Department, subject to oversight by the Director of Employment Development. Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of a person, including name, date of birth, social security number, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. Existing law requires the Attorney General to furnish this information to specified persons, agencies, or organizations, including the Department of Corrections and Rehabilitation, if needed in the course of their duties. Existing law makes it a crime for any person authorized by law to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it. This bill would require the Department of Corrections and Rehabilitation to provide the name, known aliases, birth date, social security number, and booking date and expected release date, if known, of a current inmate to the Employment Development Department for the purposes of preventing payments on fraudulent claims for unemployment compensation benefits. The bill would require this information to be provided to the Employment Development Department on the first of every month and upon the Employment Development Department's request. Because this bill would expand the scope of an existing crime, the bill imposes a state-mandated local program. This bill would require, for purposes of preventing payments on fraudulent claims for unemployment compensation benefits, the Director of Employment Development to verify with the information provided by the Department of Corrections and Rehabilitation that the claimant is not an inmate currently incarcerated in the state prisons. The bill would require the Employment Development Department to complete necessary system programming or automation upgrades to allow electronic monitoring of Department of Corrections and Rehabilitation inmate data to prevent payment on fraudulent claims for unemployment compensation benefits at the earliest possible date, but not later than September 1, 2023. 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.
Existing law disqualifies an individual for unemployment compensation benefits if that individual willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, including, but not limited to, using a false name, false social security number, or other false identification, with actual knowledge of the falsity of it, or withheld a material fact in order to obtain unemployment compensation benefits. An individual disqualified from unemployment compensation benefits for making a false statement or representation or withholding material facts is ineligible to receive unemployment compensation benefits for certain periods of time, as provided. This bill, among other things, would require the Employment Development Department, prior to disqualifying an individual and subjecting that person to a period of ineligibility, to provide notice to the individual of the proposed determination. The bill would authorize the notice to be sent in combination with other notices from the department and would require the notice to provide specified information with regard to the eligibility provision related to the false statement or misrepresentation on which the department is determining whether to disqualify the individual and the individual's right to respond. The bill would authorize the department, after certain conditions are fulfilled, to issue a final notice of determination to the individual that includes specified information, including the number of weeks for which the individual is ineligible for benefits and the individual's right of appeal. The bill would require the department to implement these provisions upon completing any necessary technical changes to fulfill these requirements or by September 1, 2022, whichever is earlier. Existing law authorizes the Director of Employment Development to extend the period of ineligibility for not more than 8 weeks when there have been successive disqualifications from unemployment compensation benefits, as provided. This bill would require the department to provide the above-described notices for each successive disqualification for making a false statement or representation or withholding material facts before the director can extend the ineligibility period.
Existing law requires each county to have a board of supervisors and provides for the organization and powers of the board of supervisors. Existing law allows the board of supervisors of any general law or charter county to adopt or the residents of the county to propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the board of supervisors may serve on the board of supervisors. Existing law also requires the board of supervisors to prescribe the compensation for all county officers. This bill would require that, when term limits are imposed, the limit must be no fewer than 2 terms. This bill would specify that the board of supervisors is included in the definition of county officers for whom the board of supervisors is required to prescribe compensation. The bill would specify that it would not affect any term limits that were legally in effect prior to January 1, 2022, in any county.
Existing law, the Insurance Holding Company System Regulatory Act, requires an insurer that is authorized to do business in this state and that is a member of an insurance holding company system, which consists of two or more affiliated persons, at least one of which is an insurer, to register with the Insurance Commissioner and to file a registration statement containing specified information. Existing law requires the ultimate controlling person of an insurer subject to registration under the act to file an annual enterprise risk report with the lead state commissioner, as determined by procedures of the National Association of Insurance Commissioners (NAIC) , and to provide a copy to the commissioner if they are not the lead state commissioner. This bill would require the ultimate controlling person of an insurer subject to registration under the act to concurrently file with the registration an annual group capital calculation, unless a specified exemption applies. The bill would require the commissioner, if they are the lead state commissioner, to require the group capital calculation for the United States operations of a non-United States-based insurance holding company system if they determine it is appropriate for prudential oversight and solvency monitoring purposes or for ensuring the competitiveness of the insurance marketplace. The bill would authorize the commissioner, if they are the lead state commissioner, to exempt the ultimate controlling person from filing an annual group capital calculation or to accept a limited group capital filing if specified criteria are met. The bill would also require the ultimate controlling person of an insurer subject to registration under the act and scoped into the NAIC Liquidity Stress Test Framework to file the results of a specific year's liquidity stress test, as specified. Existing law requires information or documents obtained or disclosed in the course of an examination or investigation made pursuant to specified provisions of the Insurance Holding Company System Regulatory Act to be kept confidential. Existing law authorizes the commissioner to share those confidential documents or materials or that other information with the NAIC and its affiliates and subsidiaries under specified circumstances. This bill would instead authorize the commissioner to share confidential documents, materials, or other information with the NAIC and a third-party consultant designated by the commissioner. The bill would require the commissioner to maintain the confidentiality of a group capital calculation, the resulting group capital ratio, a liquidity stress test, and a liquidity stress test's results and supporting disclosures. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law, the California Emergency Services Act, among other things, creates the Office of Emergency Services, which is responsible for the state's emergency and disaster response services, as specified. Existing law requires the Governor to coordinate the State Emergency Plan and those programs necessary for the mitigation of the effects of an emergency. Existing law requires the governing body of each political subdivision of the state to carry out the provisions of the State Emergency Plan. Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan, among other requirements. Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health. This bill would require the department to develop a plan, addressing specified issues, with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. The bill would require the department to consult with specified stakeholders in developing the plan. This bill would require a county, in advance of its next emergency plan update, to use the air quality plan developed by the department and develop a county-specific plan that addresses all of the recommendations and guidelines of the department's air quality plan, as specified. By increasing county duties, 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.