Asm. Jesse Gabriel

(1) Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. The judgment may include an order for a new birth certificate, and the new birth certificate is required to include the change of gender and any name change specified in the court order. Existing law also authorizes a procedure for a person born in this state to obtain a new birth certificate directly from the State Registrar to reflect their change of gender to female, male, or nonbinary without a court order. Existing law prohibits a new birth certificate issued under these provisions from indicating that it is not the original birth certificate and requires a local registrar or the county recorder to either forward a copy of the original birth certificate to the State Registrar or seal a cover over the copy of the original birth certificate, as specified. This bill would recast these provisions relating to new birth certificates to provide for a change in gender and sex identifier and to specify that a person who was issued a birth certificate by this state, rather than a person born in this state, may obtain a new birth certificate. This bill would authorize a person to file a petition with the superior court for a court order to issue a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child to reflect the person's change in gender and sex identifier to female, male, or nonbinary. The bill also would authorize a person, even if they do not reside within this state, to file a petition with the superior court for a change in name or a change of gender and sex identifier to female, male, or nonbinary if the person is seeking to change their birth certificate, marriage license and certificate, confidential marriage license and certificate, or the birth certificate of their legal child that was issued by this state. The bill would provide a process for parties who are also identified on these vital records to be given notice and an opportunity to respond to the petition, as specified. This bill would authorize a person to obtain a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child directly from the State Registrar or county clerk, as applicable, to reflect the person's change of gender and sex identifier to female, male, or nonbinary without a court order, if the person submits specific supporting documentation. The bill would require the supporting documentation to include, as applicable, a stipulation by the adult child to change their birth certificate and a stipulation by the spouse who is not requesting a change on their marriage license and certificate or confidential marriage license and certificate. The bill would authorize supporting documentation to include an affidavit, attested under penalty of perjury, that the changes are to conform to the person's gender identity and not for any fraudulent purpose. By expanding the crime of perjury in this manner, this bill would impose a state-mandated local program. This bill would make conforming changes to provisions relating to fees paid to the State Registrar for establishing new records of birth or marriage, and would require a fee, as specified, to be paid to the county clerk for the issuance of a new confidential marriage license and certificate under these provisions. The bill would require a new marriage license and certificate, confidential marriage license and certificate, or birth certificate issued under these provisions to supplant the previous vital record and would specifically direct how a county clerk should seal these original vital records. By creating new duties of a county clerk relating to sealing a marriage license and certificate or a confidential marriage license and certificate under these provisions, this bill would impose a state-mandated local program. Existing law requires the State Registrar to instruct all local registrars who have automated birth registration to electronically capture specified information in an electronic file. Under existing law, the electronic file of collected birth information is generally confidential. Existing law limits access to that file to certain authorized entities or individuals for health-related or other specified purposes. This bill would add the assigned sex at birth of the child to the list of information collected in the electronic file. The bill would make that information confidential except for the above-described limited access. By creating new duties of a local registrar, the bill would impose a state-mandated local program. (2) This bill would incorporate additional changes to Sections 1276 and 1277 of the Code of Civil Procedure proposed by AB 1578 to be operative only if this bill and AB 1578 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 103430 of the Health and Safety Code proposed by AB 1578 to be operative only if this bill and AB 1578 are enacted. (3) 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. (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. (5) The bill's provisions would become operative January 1, 2023.

Existing law requires a school district, county office of education, or charter school to ensure that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a form for purposes of the California Dream Act. Existing law requires the Student Aid Commission, on or before July 1, 2022, to adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on applicable state laws. Existing law requires the school district, county office of education, or charter school to exempt a pupil or the pupil's parent or legal guardian from completing a form if the local educational agency determines the pupil is unable to complete the form, and prohibits a pupil's ability to graduate from being affected by a pupil's failure to fill out a form. This bill would require, on or before September 1, 2022, and each year thereafter, the commission and the State Department of Education to facilitate the completion of the Free Application for Federal Student Aid and the form established for purposes of the California Dream Act, by requiring the department to share the current school year's roster of pupils with the commission, and requiring the commission to match data on pupil completion of financial aid forms, as specified.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges. Existing law waives open course provisions in statute or regulations of the board of governors for any governing board of a community college district for classes the district provides to inmates of certain facilities, and authorizes the board of governors to include the units of full-time equivalent students generated in those classes for purposes of state apportionments. This bill would waive open course provisions in statute or regulations of the board of governors for any governing board of a community college district for community college courses the district provides to military personnel, their dependents, and authorized civilian employees on a military base, and would authorize the board of governors to include the units of full-time equivalent students generated in those community college courses for purposes of state apportionments.

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 regulates automatic renewal offers and continuous service offers that businesses make to California consumers. Existing law makes it unlawful for a business that makes an automatic renewal offer or continuous service offer to a consumer in this state, among other things, to fail to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, to charge the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and to fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer, as specified. This bill would, beginning July 1, 2022, revise and recast these provisions to also make it unlawful for the business to fail to provide a consumer with a notice containing specified information if the consumer accepted a free gift or trial, lasting 31 or more days that was included in an automatic renewal offer or continuous service offer or accepted an automatic renewal offer or continuous service offer at a promotional or discounted price, and the applicability of that price was more than 31 days. In these circumstances, the bill would require the notice to be provided at least 3 days before and at most 21 days before the expiration of the period of time for which the free gift or trial, or promotional or discounted price, applies. This bill would also require the notice, as specified, if the consumer accepted an automatic renewal offer or continuous service offer with an initial term of one year or longer that automatically renews for a subsequent term that is longer than one month, unless the consumer cancels the contract. In these circumstances, the bill would require the notice to be provided at least 15 days and not more than 45 days before the automatic renewal offer or continuous service offer renews. The bill would provide that if both types of notice are warranted, only the notice provisions requiring notice at least 15 days and not more than 45 days before the automatic renewal offer or continuous service offer renews apply. If sent electronically, the bill would require the notice to include a link that directs the consumer to the cancellation process, or another reasonably accessible electronic method that directs the consumer to the cancellation process if no link exists. Under existing law, if a consumer accepts an automatic renewal or continuous service offer online, then the business is required to allow the consumer to terminate the offer exclusively online, which may include a termination email formatted and provided by the business. This bill would additionally require the business to allow a consumer to terminate the automatic renewal or continuous service offer at will, and without engaging any further steps that obstruct or delay the consumer's ability to terminate immediately. The bill would require the business to provide a method of termination that is either online in the form of a prominently located direct link or button to cancel or by a termination email, as provided. This bill would also authorize a business to require a consumer to enter account information or otherwise authenticate online before termination of the automatic renewal or continuous service online, provided that a consumer who is unwilling or unable to enter account information or otherwise authenticate online before termination is not precluded from authenticating or terminating offline using another method, as specified. The bill would authorize these requirements to be fulfilled after completion of an initial order.

Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing state law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in an employment and training program for low-income households that is operated by a state or local government, as specified. This bill would require the State Department of Social Services, on or before May 31, 2022, to issue a guidance letter to counties, the Chancellor's Office of the California Community Colleges, the Chancellor's office of the California State University, and the Office of the President of the University of California that clarifies the state and federal eligibility requirements for a campus-based program to be a state-approved local educational programs that increase employability that qualifies for the CalFresh student eligibility exemption described above and that clarifies the application and approval process for a campus-based program to be approved by the department as a state-approved local educational program that increases employability. The bill would require a campus-based program at a campus of the California Community Colleges or at a campus of the California State University that meets the eligibility requirements to be a state-approved local educational program that increases employability to submit a certification application for the program to the department on or before September 1, 2022, and would require a campus-based program at one of those institutions that meets the eligibility requirements to be a state-approved local educational program that increases employability after September 1, 2022, to submit a certification application to the department on or before 6 months following the formation of the program. The bill would request a campus-based program at a campus of the University of California that meets the eligibility requirements to be a state-approved local educational program that increases employability to also submit a certification application for the program by those dates. This bill would require the department, upon receipt of a certification application from a campus-based program, to approve the campus-based program if it meets the eligibility requirements to be a state-approved local educational program that increases employability. The bill would require the department, on or before September 1, 2023, and annually thereafter, until 2030, to report to specified committees of the Legislature the number of state-approved campus-based local educational programs that increase employability, the number of pending applications, and the number of applications denied, as specified. The bill would also require the department to post that report on its internet website and would authorize the department to implement these provisions through all-county letters or similar instruction. To the extent the bill would impose new duties on community college districts to submit a certification application to the department, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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.

(1) Existing law establishes the Multifamily Housing Program administered by the Department of Housing and Community Development. Existing law requires assistance for projects under the program to be provided in the form of deferred payment loans to pay for eligible costs of the development, as provided. Existing law also requires that funds appropriated in the 2020 Budget Act or an act related to the 2020 Budget Act, including moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic, be disbursed in accordance with the Multifamily Housing Program for specified uses, and provides that the above-described deferred payment loan requirement under the program does not apply to assistance provided pursuant to these provisions, as specified. Existing law, the Veterans Housing and Homeless Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires those departments to establish and implement programs that, among other things, prioritize projects that combine housing and supportive services. Existing law, the No Place Like Home Program, as ratified and amended by Proposition 2, which was approved by the voters at the November 6, 2018, statewide general election, provides funding to provide permanent supportive housing for the target population, which is defined to include individuals who have a serious mental disorder and who are homeless, chronically homeless, or at risk of chronic homelessness. Existing law authorizes the Legislature to amend Proposition 2 by a 23 vote, so long as the amendment is consistent with and furthers the intent of that measure. This bill would require, beginning January 1, 2023, that a grantee or entity operating specified state homelessness programs, including the No Place Like Home Program, as a condition of receiving state funds, to enter Universal Data Elements and Common Data Elements, as defined by the United States Department of Housing and Urban Development Homeless Management Information System Data Standards, on the individuals and families it serves into its local Homeless Management Information System, unless otherwise exempted by state or federal law. The bill would require the Homeless Coordinating and Financing Council to specify the format and disclosure frequency of the required data elements. The bill would apply the data entry requirements to all new state homelessness programs that commence on or after July 1, 2021. The bill would require the Homeless Coordinating and Financing Council to provide technical assistance and guidance to any grantee or entity that operates a program subject to the bill, if the grantee or entity does not already collect and enter into the local Homeless Management Information System the data elements required. The bill would require the Homeless Coordinating and Financing Council to provide the aggregate data summaries collected under these provisions to specified state agencies or departments within 45 days of receipt, as specified. Existing law creates the Homeless Coordinating and Financing Council and requires it, among other things, to create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs. This bill would specify that the statewide data storage system described above be known as the Homeless Data Integration System and would grant staff of the Homeless Coordinating and Financing Council specified powers in regard to its operation. The bill would require that a continuum of care, as defined in federal law, provide collected data elements, including health information, as specified, to the Homeless Data Integration System, and would except health information and personal identifying information from disclosure to the public. By imposing new duties on local entities to provide information to the state, this bill would create a state-mandated local program. (2) Existing law authorizes the Legislature to amend Proposition 2 by a 23 vote, so long as the amendment is consistent with and furthers the intent of that measure. The bill would state the findings of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act. (3) 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. 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. (4) This bill would incorporate additional changes to Sections 8256 and 8257 of the Welfare and Institutions Code proposed by AB 1220 to be operative only if this bill and AB 1220 are enacted and this bill is enacted last.

The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law, for award cycles commenced after July 1, 2021, awards a city, county, or city and county, that has adopted a housing element determined by the department to be in substantial compliance with specified provisions of the Planning and Zoning Law and that has been designated by the department as prohousing based upon their adoption of prohousing local policies, as specified, additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by the department, as provided. Existing law defines "prohousing local policies" as policies that facilitate the planning, approval, or construction of housing, including, but not limited to, local financial incentives for housing, reduced parking requirements for sites that are zoned for residential development, and the adoption of zoning allowing for use by right for residential and mixed-use development. This bill would add the preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units to the list of specified prohousing local policies. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The Mitigation Fee Act requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. Existing law requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions. This bill, among other things, would require, on and after January 1, 2022, a local agency that conducts an impact fee nexus study to follow specific standards and practices, including, but not limited to, (1) that prior to the adoption of an associated development fee, an impact fee nexus study be adopted, (2) that the study identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is necessary, and (3) if the study is adopted after July 1, 2022, either calculate a fee levied or imposed on a housing development project proportionately to the square footage of the proposed units, or make specified findings explaining why square footage is not an appropriate metric to calculate the fees. This bill would require that a local agency that calculates fees proportionately to the square footage of the proposed units be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. The bill would declare that its provisions shall not be construed to relieve a local agency from the requirements of the Mitigation Fee Act, the California Constitution, or applicable case law when calculating the amount of a fee. This bill would also require a city, county, or special district to post a written fee schedule or a link directly to the written fee schedule on its internet website. The bill would require a city or county to request the total amount of fees and exactions associated with a project upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, and to post this information on its internet website, as specified. By requiring a city or county to include certain information in, and follow certain standards with regard to, its impact fee nexus studies and to include certain information on its internet website, the bill would impose a state-mandated local program. (2) Existing law requires the Department of Housing and Community Development to develop specifications for the structure, functions, and organization of a housing and community development information system for this state. Existing law requires the system to include statistical, demographic, and community development data that will be of assistance to local public entities in the planning and implementation of housing and community development programs. This bill would require the department, on or before January 1, 2024, to create an impact fee nexus study template that may be used by local jurisdictions. The bill would require that the template include a method of calculating the feasibility of housing being built with a given fee level. (3) The Mitigation Fee Act requires notice of the time and place of a meeting regarding any fee, that includes a general explanation of the matter to be considered, be mailed at least 14 days before the first meeting to an interested party who files a written request with the city or county for mailed notice of a meeting on a new or increased fee. This bill would authorize any member of the public, including an applicant for a development project, to submit evidence that the city, county, or other local agency has failed to comply with the Mitigation Fee Act. The bill would require the legislative body of the city, county, or other local agency to consider any timely submitted evidence and authorize the legislative body to change or adjust the proposed fee or fee increase, as specified. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.