Asm. Jesse Gabriel

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing state law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law entitles a family to receive an allowance for specified nonrecurring special needs after a family has used all available liquid resources in excess of $100, as specified, with the exception of funds deposited in a certain restricted account. This bill would except homeless assistance from that $100 liquid resources limit. Under existing law, a family is considered homeless for the purpose of establishing eligibility for homeless assistance benefits if, among other things, the family has received a notice to pay rent or quit. Existing law requires the family to demonstrate that the eviction is the result of a verified financial hardship, as specified, and not other lease or rental violations, and that the family is experiencing a financial crisis that may result in homelessness if preventive assistance is not provided. This bill would eliminate the requirement for a family to demonstrate the reason for the eviction and the existence of the financial crisis. Existing law requires temporary shelter assistance to be granted or denied immediately upon the family's application for homeless assistance and requires the county welfare department to verify the family's homelessness within the first 3 working days. Under existing law, if the family meets the criteria of questionable homelessness established by the department, the county welfare department is required to refer the family to its early fraud prevention and detection unit, as specified. This bill would require the temporary shelter assistance to be granted or denied the same day as the family's application for homeless assistance. The bill would eliminate the requirement for the county welfare department to verify the family's homelessness within the first 3 working days, and instead would require the family, upon applying for homeless assistance, to provide a sworn statement that the family is homeless. The bill would specify that questionable homelessness means that there is reason to suspect that the family has permanent housing. Existing law authorizes a nonrecurring special needs benefit for permanent housing assistance to an eligible family to pay for the last month's rent and security deposits, if these payments are reasonable conditions of securing a residence. This bill would remove the reference to "reasonable" in requiring the payments to be conditions of securing a residence. Under existing law, a family that becomes homeless as a direct and primary result of a state or federally declared natural disaster is eligible for temporary and permanent homeless assistance. This bill would remove the requirement that the state or federally declared disaster be a natural disaster, thereby making the provision apply to any state or federally declared disaster. Under existing law, county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. This bill would eliminate that provision. Under existing law, a CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary homeless assistance, consisting of 2 periods of not more than 16 cumulative calendar days of temporary shelter assistance in a lifetime. This bill would require the 2nd 16-day period to continue to be available to the applicant when the applicant becomes a CalWORKs recipient during the first 16-day period. This bill would authorize the State Department of Social Services to implement and administer the bill's provisions through all-county letters or similar instructions until regulations are adopted. The bill would require the department to adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement the bill. The bill would exempt the department from specific provisions of the Administrative Procedure Act relating to the adoption of emergency regulations, including the requirement for regulations to be reviewed by the Office of Administrative Law. This bill would become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement the bill, whichever date is later, except that the individual changes imposed by the bill that result in a cost would become operative only if necessary funds are appropriated for these purposes in the annual Budget Act or another statute. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would, instead, provide that the continuous appropriation would not be made for purposes of implementing the bill. By expanding the duties of county welfare departments administering the CalWORKs program, 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 Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of disability insurers by the Department of Insurance. Existing law, known as the California Mental Health Parity Act, requires every health care service plan contract or disability insurance policy issued, amended, or renewed on or after July 1, 2000, that provides hospital, medical, or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses of a person of any age, and of serious emotional disturbances of a child under the same terms and conditions applied to other medical conditions, as specified. Existing law requires those benefits to include, among other things, outpatient services, inpatient hospital services, partial hospital services, and prescription drugs, if the plan contract or policy includes coverage for prescription drugs. This bill would revise and recast those provisions, and would instead require a health care service plan contract or disability insurance policy issued, amended, or renewed on or after January 1, 2021, to provide coverage for medically necessary treatment of mental health and substance use disorders, as defined, under the same terms and conditions applied to other medical conditions. The bill would prohibit a health care service plan or disability insurer from limiting benefits or coverage for mental health and substance use disorders to short-term or acute treatment. The bill would revise the covered benefits to include basic health care services, as defined, intermediate services, and prescription drugs. This bill would require a health care service plan or disability insurer that provides hospital, medical, or surgical coverage to base medical necessity determinations and the utilization review criteria the plan or insurer, and any entity acting on the plan's or insurer's behalf, applies to determine the medical necessity of health care services and benefits for the diagnosis, prevention, and treatment of mental health and substance use disorders, on current generally accepted standards of mental health and substance use disorder care. The bill would require the health care service plan or insurer to apply specified clinical criteria and guidelines in conducting utilization review of the covered health care services and benefits and would prohibit the plan or insurer from applying different, additional, or conflicting criteria than the criteria and guidelines in the specified sources. The bill would authorize the Director of the Department of Managed Health Care or the Insurance Commissioner, as applicable, to assess administrative or civil penalties, as specified, for violation of the requirements relating to utilization review. The bill would make any provision in a health care service plan issued, delivered, amended, or renewed on or after January 1, 2021, that reserves discretionary authority to the plan, or an agent of the plan, to determine eligibility for benefits or coverage, interprets the terms of the contract, or provides standards of interpretation or review that are inconsistent with California law, void and unenforceable, as specified. The bill would declare that its provisions are severable. Because a willful violation of these requirements with respect to health care service plans would be a crime, 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 no reimbursement is required by this act for a specified reason.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a schedule of benefits under the Medi-Cal program and provides for various services, including behavioral and mental health services that are rendered by Medi-Cal enrolled providers. This bill would require the department, by July 1, 2022, subject to any necessary federal waivers or approvals, to establish statewide requirements for counties or their representatives to use in developing certification programs for the certification of peer support specialists, who are individuals who self-identify as having lived experience with the process of recovery from mental illness, substance use disorder, or both. The bill would authorize a county, or an agency that represents a county, to develop a peer support specialist certification program and certification fee schedule, both of which would be subject to department approval. The bill would require the department to seek any federal waivers it deems necessary to establish a demonstration or pilot project for the provision of peer support services in a county that agrees to participate in and fund the project, as specified.

Existing law requires county agencies that place children in foster care to conduct an evaluation of the county's placement resources and programs in relation to the needs of children placed in out-of-home care, and requires county placement agencies to specifically examine placements that are out of county and determine the reason the placement was necessary. This bill would additionally require a county placement agency to conduct an evaluation of the county's placement resources and programs in relation to the needs of nonminor dependents and to examine its ability to meet the emergency housing needs of nonminor dependents, as specified. Existing law establishes the supervised independent living placement as an independent supervised setting that is specified in a nonminor dependent's transitional independent living case plan and in which the nonminor dependent is living independently. Existing law defines a supervised independent living setting to include a supervised independent living placement and a residential housing unit certified by a transitional housing placement provider, as specified. Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities by the State Department of Social Services. A violation of the act is a misdemeanor. Existing law exempts certain facilities from the act. This bill would expand the definition of a supervised independent living setting to include a transitional living setting approved by a county to support youth who are entering or reentering foster care or transitioning between placements, excluding a youth homelessness prevention center or adult homeless shelter. The bill would exempt that transitional living setting from the act. The bill would also authorize a county, under certain conditions, to elect to certify that a supervised independent living placement meets health and safety standards once every 12 months. Existing law requires, in order to be licensed as a transitional housing placement provider, an applicant to obtain certification from the county specifying the population that will be served by the facility. Existing law requires the certification to confirm that the program includes specified components. This bill would authorize a county, in certain circumstances, to continue to approve payment to a transitional housing placement provider for a period of up to 14 days in a calendar month in which a nonminor dependent is absent from the placement and would generally prohibit a transitional housing placement provider from providing a removal notice or filling a nonminor dependent's place in the program if the county continues to pay the board and care costs for up to 14 days during the nonminor dependent's absence. The bill would also require the State Department of Social Services to issue guidance encouraging counties to continue to approve payment during temporary absences from the program as a best practice, consistent with federal law, to prevent nonminor dependent housing instability. By imposing new duties on counties, 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 no reimbursement is required by this act for a specified reason.

This measure would designate a specified portion of State Route 50 in the County of El Dorado as the Deputy Sheriff Brian "Ish" Ishmael Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

This measure would urge each bank with which the State of California has a business relationship to evaluate its commercial relationship with gun manufacturers and to consider the repercussions of that relationship, and urge all banks to discuss their lending practices with their shareholders and to adopt lending practices that mirror the people of California's values of protecting citizens before profit.

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. The bill would state that its provisions are severable. By creating a new 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.

Existing law specifies certain rights and limitations for landlords and tenants subject to eviction and certain procedures for civil actions involving evictions. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation, governed by a board of trustees. Existing law requires an attorney to maintain short-term deposits of client funds in an Interest On Lawyers' Trust Account (IOLTA) , and requires the interest and dividends earned on the account to be paid to the State Bar for the funding of certain programs that provide civil legal services without charge to indigent persons. Existing law requires the board of trustees to adopt regulations and procedures necessary to implement provisions, referred to as the Legal Services Trust Fund Program, that govern the funding of those programs. Existing administrative law establishes a Legal Services Trust Fund Commission to administer revenue from IOLTA and other funds remitted to the Legal Services Trust Fund Program. This bill would establish the Stable Communities Fund within the Legal Services Trust Fund Program, to be funded upon appropriation by the Legislature, and would require the State Bar, upon appropriation by the Legislature, to distribute moneys in the fund in the form of grants awarded on a competitive basis to certain nonprofit organizations, local governments, or local governmental agencies to provide specified education, outreach, and legal services related to eviction prevention, as specified. The bill would also require that short-term rental assistance be funded, upon appropriation by the Legislature, from the General Fund. The bill would require the State Bar to award the grants according to various criteria, including, among others, prohibiting an applicant from receiving funding from the Stable Communities Fund solely to provide rental assistance and requiring services to be provided at no cost to recipients. The bill would require a grantee to report annually to the State Bar on certain activities, services, and assistance funded by the grant, and would prohibit a grantee from using more than 10% of the allocation received from the Stable Communities Fund for administrative costs.

The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021, except as specified. The bill would toll this 18-month extension during any time that the housing entitlement is the subject of a legal challenge. The bill would also provide that if the state or a local agency extends, on or after March 4, 2020, but before the effective date of the bill, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided by this bill, that housing entitlement shall not be extended an additional 18 months pursuant to this bill. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to housing entitlements, 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 no reimbursement is required by this act for a specified reason.