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 that includes, among other mandatory elements, a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This bill would make a nonsubstantive change to this requirement. The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term "use by right" for these purposes. This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing. The bill would include findings that the 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 Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects. This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 686 to be operative only if this bill and AB 686 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.
Sponsored bills
Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) , enacts various health care coverage market reforms that took effect January 1, 2014. Among other things, PPACA required each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health plans by qualified individuals and qualified small employers. Existing state law establishes the Council on Health Care Delivery Systems as an independent body to develop a plan that includes options for advancing progress toward achieving a health care delivery system in California that provides coverage and access through a unified financing system for all Californians. Existing law requires the council, on or before October 1, 2021, to submit to the Legislature and the Governor a plan with options that include a timeline of the benchmarks and steps necessary to implement health care delivery system changes, including steps necessary to achieve a unified financing system. This bill would also require the council to prepare an analysis and evaluation, known as a feasibility analysis, to determine the feasibility of a public health insurance plan option to increase competition and choice for health care consumers. The bill would require the feasibility analysis to contain, among other things, an actuarial and economic analysis of a public health insurance plan and an analysis of the extent to which a new public health insurance plan option could address the underlying factors that limit health plan choices in some regions. The bill would require the council to submit the feasibility analysis to the Legislature and the Governor on or before October 1, 2021.
(1) Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the Director of Forestry and Fire Protection and exempts a local agency, as defined, from that requirement if ordinances of the local agency, adopted on or before December 31, 1992, impose standards that are equivalent to, or more restrictive than, specified state standards. Existing law authorizes a local agency, at its discretion, to exclude from specified requirements governing fire risk reduction an area identified as a very high fire hazard severity zone by the director within the jurisdiction of the local agency, following a specified finding supported by substantial evidence that those requirements are not necessary for effective fire protection within the area. This bill would eliminate the above-described exemption and exclusion and would require a local agency to transmit a copy of any ordinance adopted pursuant to these provisions to the State Board of Forestry and Fire Protection within 30 days of adoption. By imposing new responsibilities on local agencies with regard to the adoption of fire safety ordinances, the bill would impose a state-mandated local program. (2) Existing law requires, no later than January 1, 2005, the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to recommend building standards that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading, as provided. This bill would require the State Fire Marshal, no later than January 31, 2020, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to recommend updated building standards that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading, as specified, based on lessons learned from the wildfires of 2017 and to develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction, as provided. (3) Existing law requires each planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan, including a safety element, for the physical development of the county or city, as provided. Existing law requires the draft element of or draft amendment to the safety element of a county or city's general plan to be submitted to the State Board of Forestry and Fire Protection and to every local agency that provides fire protection to territory in the city or county at least 90 days prior to specified events. Existing law requires a county that contains state responsibility areas and a city or county that contains a very high fire hazard severity zone to submit for review the safety element of its general plan to the board and every local agency that provides fire protection to territory in the city or county in accordance with a specified schedule based on location, as provided. This bill would delete the latter submission requirement. Existing law requires the State Board of Forestry and Fire Protection and authorizes a local agency to review and recommend changes to the safety element, as provided. Existing law requires the board of supervisors or the city council to consider the changes made by the board. This bill would authorize the State Board of Forestry and Fire Protection to request a consultation with the board of supervisors or city council if the local agency decides not to adopt the board's recommendations, as provided. Because the bill would require local officials to consult with the board, this bill would impose a state-mandated local program. (4) Existing law requires the Office of Planning and Research, when it adopts its next edition of the general plan guidelines, to include specified information related to fire hazards and fire safety. This bill would require the office, by July 1, 2020, to update its guidance document entitled "Fire Hazard Planning, General Plan Technical Advice Series" in consultation with the Department of Forestry and Fire Protection, the state board, and other fire and safety experts, as provided. (5) Existing law requires the State Board of Forestry and Fire Protection to adopt regulations implementing minimum fire safety standards related to defensible space applicable to state responsibility area lands, as provided. This bill would require, on or before July 1, 2021, and every 5 years thereafter, the board, in consultation with the State Fire Marshal, to survey local governments and fire districts to identify existing subdivisions, as defined, in either a state responsibility area or a very high fire hazard severity zone, without secondary egress routes, that are at significant fire risk. The bill would require the board, in consultation with the State Fire Marshal and the local governments identified above, to develop recommendations to improve the subdivision's fire safety, as provided. The bill would require the board to provide final recommendations to the identified local governments. (6) Existing law requires the Department of Forestry and Fire Protection to develop, periodically update, and post on its Internet Web site a guidance document on fuels management. Existing law requires the guidance to include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species. This bill would limit these native species, for purposes of the guidance document, to those that are fire resistant or drought tolerant, or both. (7) Existing law authorizes a state or local fire official to authorize an owner of property or his or her agent to construct a firebreak, or implement appropriate vegetation management techniques, to ensure that defensible space is adequate for the protection of a hospital, adult residential care facility, school, aboveground storage tank, hazardous materials facility, or similar facility on the property. This bill would authorize the director of the Department of Forestry and Fire Protection to authorize an owner of any other property not listed above to construct a firebreak, or implement appropriate vegetation management techniques, as provided, if it is determined by the director as necessary to protect life, property, and natural resources from unreasonable risks associated with wild land fires. (8) Existing law requires a person that owns, controls, operates, or maintains an electrical transmission or distribution line upon mountainous land, or in forest-covered land, brush-covered land, or grass-covered land, to maintain certain clearances between all vegetation and all conductors that are carrying electric current during those times and in those areas determined to be necessary by the Director of Forestry and Fire Protection or the agency with primary responsibility for the fire protection of those areas. Existing law requires dead trees, old decadent or rotten trees, trees weakened by decay or disease, and trees or portions of the trees that are leaning toward a line that may contact the line from the side or may fall on the line to be felled, cut, or trimmed so as to remove the hazard. This bill would authorize any person who owns, controls, operates, or maintains any electrical transmission or distribution line to traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. The bill would provide that these provisions do not exempt any person who owns, controls, operates, or maintains any electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by any easement granted to him or her for the electrical transmission or distribution line. (9) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Department of Transportation to include in the California Manual on Uniform Traffic Control Devices a requirement that the department and local authorities, when setting speed limits, round speed limits to the nearest 5 miles per hour of the 85th percentile speed of traffic as determined by an engineering and traffic survey. Existing law authorizes the department or a local authority to round the speed limit down to the lower 5 miles per hour increment in instances when the speed limit should be rounded up, but prohibits that speed limit from being further reduced for any reason. This bill would require the Secretary of Transportation, on or before July 1, 2019, to establish and convene the Zero Traffic Fatalities Task Force, which shall include, but is not limited to, representatives from the Department of the California Highway Patrol, the University of California and other academic institutions, the Department of Transportation, the State Department of Public Health, local governments, bicycle safety organizations, statewide motorist service membership organizations, transportation advocacy organizations, and labor organizations. The bill would require the task force to develop a structured, coordinated process for early engagement of all parties to develop policies to reduce traffic fatalities to zero. The bill would require the Secretary of Transportation to prepare and submit a report of findings based on the task force's efforts to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2020. The bill would require the report to include a detailed analysis of specified issues, including the existing process for establishing speed limits and a recommendation as to whether an alternative to the use of the 85th percentile as a method for determining speed limits should be considered. The provisions of the bill would be repealed on January 1, 2023.
Existing law generally regulates fire insurance and county mutual fire insurers. Existing law prescribes the standard form for a fire insurance policy or county fire insurance policy. Existing law imposes a 12-month statute of limitations in which to bring suit under a fire insurance policy or a county fire insurance policy after a loss. Existing law makes it a misdemeanor for an insurer or agent to countersign or issue a fire policy that varies from the California standard form of policy. This bill would revise the standard forms of policy and extend the period in which to bring suit to 24 months after the inception of the loss if the loss is related to a state of emergency, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes the Director of Health Care Services to contract, on a bid or nonbid basis, with any qualified individual, organization, or entity to provide services to, arrange for or case manage the care of Medi-Cal beneficiaries. Existing law authorizes the renewal of a contract if the provider continues to meet the requirements of the Medi-Cal program and the contract. Under existing law, failure to meet those requirements is cause for nonrenewal of the contract. Existing law authorizes the department to terminate or decline to renew a contract, in whole or in part, if the director determines that the action is necessary to protect the health of the beneficiaries or the funds appropriated to carry out the Medi-Cal program. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. Existing law, commencing July 1, 2019, requires a Medi-Cal managed care plan to comply with a minimum 85% medical loss ratio. Existing law requires, effective for contract rating periods commencing on or after July 1, 2023, a Medi-Cal managed care plan to provide a remittance to the state if the ratio does not meet the minimum ratio of 85% for the corresponding reporting year. This bill would authorize the department to terminate a for-profit Medi-Cal managed care plan contract if the Attorney General determines that the Medi-Cal managed care plan engaged or engages in anticompetitive conduct or practices, as specified, or if the department determines that the Medi-Cal managed care plan has a pattern or practice of not complying with the medical loss ratio, as described above. The bill would specify that nonrenewal of a contract under these provisions would not qualify the applicant for an administrative hearing. The bill would apply these provisions only to new contracts, and renewals of existing contracts, executed on or after January 1, 2019.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally requires rigid plastic packaging containers, as defined, sold or offered for sale in this state to meet one of specified criteria. This bill would enact the Sustainable Packaging for the State of California Act of 2018, which would prohibit a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the bill would require the department to publish and maintain on its Internet Web site that contains types of approved food service packaging that are reusable, recyclable, or compostable. The bill would exempt packaging acquired before its inclusion on the list, as specified. The bill would require the department to regularly, but no less than once every 5 years, evaluate the list of approved types of food service packaging and would authorize the department to add or remove types of food service packaging to or from the list based on whether the packaging is recyclable, reusable, or compostable. The bill would require, on or before January 1, 2021, the department to adopt, in consultation with specified state and local agencies, regulations for determining the types of food service packaging that are reusable, recyclable, or compostable, and would prescribe specified criteria for the Director of the Department of Resources Recycling and Recovery to consider in determining whether a type of food service packaging is reusable, recyclable, or compostable. The bill would require local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing those regulations. By imposing additional duties on local governments, the bill would impose a state-mandated local program. The bill would require a food service facility to provide to the department reasonable and timely access to contracts, invoices, and purchase orders that include information demonstrating whether the food service packaging material acquired by the food service facility is in compliance with the bill. The bill would require the Department of General Services or any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a food service facility to ensure that the relevant contract or agreement conforms to any applicable provisions of the bill and would impose specified additional duties on the Department of General Services in relation to those contracts or agreements. 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) Existing law governing public contracting authorizes regional transportation agencies, as defined, to use the Construction Manager/General Contractor (CM/GC) project delivery method, as specified, to design and construct certain projects if there is an evaluation of the traditional design-bid-build method of construction and of the CM/GC method and the board of the regional transportation agency adopts the CM/GC method in a public meeting. Existing law defines "project" for these purposes to mean the construction of an expressway that is not on the state highway system, the construction of specified bridges that are not on the state highway system, specified projects in the County of Riverside, and the construction, alteration, repair, rehabilitation, or improvement of the Golden Gate Bridge. Existing law requires that specified information provided to a regional transportation agency under the CM/GC method be verified under oath. This bill would include in the definition of "project" a Metrolink commuter rail project. By expanding the scope of the existing crime of perjury, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for Metrolink commuter rail projects. (2) Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use and a health care professional who is involved with the selection, placement, or installation of the AED, as specified. This bill would require a public entity that operates, or contracts for the operation of, a commuter rail system to ensure that each train has an AED as part of its safety equipment subject to specified requirements, including that the AED be installed by July 1, 2020, except as specified, and to transmit confirmation of its compliance with those requirements in writing to the Public Utilities Commission. The bill would exempt an affected public entity that acquires an AED for emergency care from liability for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity has complied with certain requirements. (3) By imposing new duties on local public officials, the bill would create a state-mandated local program. (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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets certain descriptions, including, among others, if he or she is a nonminor former dependent who received Kinship Guardianship Assistance Payment (Kin-GAP) Program aid or Aid to Families with Dependent Children-Foster Care (AFDC-FC) benefits after attaining 18 years of age, and his or her guardians or former guardians died, as specified, or no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified. This bill would revise those descriptions to instead require the nonminor former dependent to have received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received Kin-GAP aid or AFDC-FC benefits, and would make a conforming change. By expanding the dependency jurisdiction of the juvenile court and thereby imposing additional duties on counties, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement, for a term not to exceed 5 school years, for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires the agreement to stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. Existing law authorizes the person having legal custody of the pupil to appeal, within 30 calendar days of the failure or refusal to issue a permit or to enter into an agreement allowing the attendance, to the county board of education having jurisdiction over the school district of residence. Existing law also authorizes the governing board of a school district to provisionally admit a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. This bill would require each school district of residence and school district of proposed enrollment to post on its Internet Web site the procedures and timelines regarding a request for an interdistrict transfer permit, including, among other things, the date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year and the reasons for which the school district may approve or deny a request. The bill would require a school district to notify a parent submitting a current year request of its final decision within 30 calendar days from the date the request was received, and would require a school district to notify a parent submitting a future year request of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. The bill would require a school district that denies a request for an interdistrict transfer to advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial. The bill would make a pupil eligible for provisional admission to a school district of proposed enrollment only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. The bill would also make various nonsubstantive changes to these provisions. This bill would incorporate additional changes to Section 46600 of the Education Code proposed by AB 3086 to be operative only if this bill and AB 3086 are enacted and this bill is enacted last.