Asm. Blanca Rubio

Existing law requires workers employed on public works to be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, as prescribed, unless an exception applies. Existing law requires the Director of the Department of Industrial Relations to determine the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed. Under existing law, per diem wages include certain employer payments made pursuant to a collective bargaining agreement or for a program or committee established under the federal Labor Management Cooperation Act of 1978, as specified. Existing law provides that these payments are a credit against the obligation to pay the general prevailing rate of per diem wages. Existing law requires the credit for employer payments to be computed on an annualized basis where the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, except under certain circumstances, including a determination by the director that annualization would not serve the purposes of the provisions relating to public works projects. This bill would remove that exception and revoke annualization exemptions authorized by the director prior to January 1, 2026. The bill would authorize an employer to take full credit for the hourly amounts contributed to defined contribution pension plans that provide for both immediate participation and essentially immediate vesting even if the employer contributes at a lower rate or does not make contributions to private construction. The bill would require the employer to prove that the credit for employer payments was calculated properly. The bill would authorize the Labor Commissioner to deny the employer credit for employment payments if the employer does not produce payment records. The bill would make related findings and declarations.

(1) The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law, until January 1, 2033, deems a housing development project an allowable use on any real property owned by a local educational agency if the housing development satisfies specified conditions, including, among others, consisting of at least 10 housing units, 100% of the units being rented by local educational agency employees, local public employees, and general members of the public pursuant to a specified priority, and a majority of the units being deed restricted for lower income or moderate-income households, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified, and describes various requirements applicable to housing development projects. This bill would revise and recast the provisions deeming a housing development project an allowable use on any real property owned by a local educational agency. The bill would require the housing development to satisfy specified conditions, and would apply the requirements of the Housing Accountability Act to review of housing development projects subject to these provisions. The bill would provide that a proposed housing development project is eligible for a density bonus, as specified, and would define various terms for these purposes. The bill would extend the operation of these provisions until January 1, 2036. (2) Existing law, prior to the sale, lease, or rental of any excess real property, requires the governing board of each school district to appoint a school district advisory committee to advise the governing board of the school district in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings that is not needed for school purposes. Notwithstanding that law, existing law authorizes the governing board of a school district to elect not to appoint a school district advisory committee in the sale, lease, or rental of excess real property to be used for teacher or school district employee housing. This bill would specify that the governing board of a school district is authorized to elect not to appoint a school district advisory committee in the sale, lease, or rental of excess real property to be used for teacher or school district employee housing and that is subject to the provisions governing real property owned by a local educational agency described above. (3) 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. Existing law, until January 1, 2033, exempts from CEQA certain actions taken by a public agency related to affordable housing projects, as defined, if certain requirements are met. This bill would provide that an affordable housing project for purposes of the CEQA exemption includes real property owned by a local educational agency, as described above, and would exempt these projects from certain of the requirements for other affordable housing projects. (4) 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. (5) By adding to the duties of local planning officials with respect to approving certain development projects, 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 requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel. This bill, Wyland's Law, would, subject to an appropriation by the Legislature, authorize the department to establish, or contract with a vendor to establish, an automated protected person information and notification system to provide a petitioner or a protected person in a protective order case with automated access to information about their case, as specified. The bill would require a record demonstrating whether the superior court has fulfilled its transmission obligations or a record demonstrating receipt of information about a protective order that the department maintains to be open to public inspection and copying.

Existing law, the Permit Streamlining Act, requires a public agency that is the lead agency for a development project to approve or disapprove a development project within specified time periods. The act requires a public agency that is a responsible agency for specified development projects to approve or disapprove the project within 90 days of the date on which the lead agency has approved the project or within 90 days of the date on which the completed application has been received and accepted as complete by the lead agency, whichever is longer. This bill would reduce the time period that a responsible agency is required to approve or disapprove a project, as described above, from 90 days to 45 days, except as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Commission on Teacher Credentialing to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law sets forth the minimum requirements for a preliminary services credential with a specialization in administrative services, which include, among other requirements, completion of an entry-level program of specialized and professional preparation in administrative services or a one-year internship in a program of supervised training in administrative services, subject to approval by the commission, as provided. Existing law also sets forth the minimum requirements for a reading and literacy leadership specialist credential and a reading and literacy added authorization, which include, among other requirements, completion of a program of specialized and professional preparation, as provided. This bill would require the commission to, no later than September 1, 2028, ensure that the program standards for the professional preparation of candidates for a preliminary services credential with a specialization in administrative services meets specified criteria, including, among other things, that the program standards include preparation on how to support teachers in delivering instruction through effective means for teaching literacy, as provided. The bill would require the commission to, no later than January 1, 2028, ensure that the program standards and teaching performance expectations for the professional preparation of candidates for the reading and literacy leadership specialist credential and the reading and literacy added authorization include preparation on how to deliver instruction and support teachers to deliver instruction through effective means for teaching literacy, as provided. Existing law requires the state board to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards of school districts and county boards of education, subject to specified provisions, including, among others, that the State Board of Education adopt at least 5 basic instructional materials for all applicable grade levels in each of the specified subject areas, including, among others, language arts, including, but not limited to, spelling, reading, and English language development. This bill would require the state board, on or before January 31, 2027, and in adherence with specified provisions related to followup adoptions, to adopt instructional materials for kindergarten and grades 1 to 8, inclusive, in English language arts and English language development, as provided. The bill would require the state board to ensure that instructional materials adopted pursuant to these provisions adhere to specified criteria. The bill would require, upon the adoption of instructional materials described above, the state board to update the state Guidance for Local Instructional Materials Adoptions to reflect the criteria described above. The bill would require a local educational agency to follow this guidance for purposes of adopting instructional materials and require a local educational agency that adopts materials that have not been adopted by the state board to certify that the materials align to the criteria described above. By imposing additional duties on local educational agencies, 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 Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law authorizes local governments to enact ordinances or regulations that make building standards amendments to the California Building Standards Code, as specified. This bill would establish a streamlined approval process for a local permit for a tenant improvement, as defined, relating to a restaurant. In this regard, the bill would require a local building department, upon the request and at the expense of the permit applicant, to allow a qualified professional certifier, defined as a licensed architect or engineer who meets certain requirements, to certify that the plans and specifications of the tenant improvement comply with all applicable building, health, and safety codes, as specified. The bill would require a qualified professional certifier, or the applicant, as applicable, to prepare certain affidavits related to the tenant improvement under penalty of perjury. The bill would require the local building department to approve or deny the permit application within 20 business days of receiving a complete application and would deem the plan approved for permitting purposes if the local building department does not approve or deny the application within that timeframe. The bill would also authorize the applicant to resubmit corrected plans addressing the deficiencies identified in the initial denial, would limit the local building department's review of each subsequent resubmission to the deficiencies identified in the initial denial, and would require the local building department to approve or deny each subsequent resubmission within 10 business days of receipt. The bill would require each local building department to conduct audits of tenant improvements submitted for certification, as specified. The bill would authorize a city or county to adopt additional qualifications or requirements for qualified professional certifiers, including penalties or reasonable administrative fines for certain actions. The bill would make qualified professional certifiers liable for any damages arising from negligent plan review. The bill would also require the applicant to indemnify the local agency from any property damage or personal injury arising from construction permitted under the above-described provisions. Existing law establishes the California Architects Board and the Board for Professional Engineers, Land Surveyors, and Geologists to administer the licensure and regulation of architects and engineers, respectively. Existing law specifies grounds for disciplinary action by the boards. This bill would deem making a false statement in a certification described above to be grounds for disciplinary action against a licensee who serves as a qualified professional certifier. Existing law, the Government Claims Act, establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the act makes the public entity liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty. This bill, notwithstanding the above-described liability of a public entity for failure to discharge certain mandatory duties, would provide that a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of a permit pursuant to the bill's provisions. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce those provisions. The California Retail Food Code requires a person proposing to build or remodel a food facility to submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and to receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. The California Retail Food Code requires the plans to be approved or rejected within 20 working days after receipt by the enforcement agency and, unless the plans are approved or rejected within 20 working days, deems those plans approved. A violation of the California Retail Food Code is generally a misdemeanor. This bill would require that a tenant improvement plan for a restaurant be deemed approved for permitting purposes if the enforcement agency does not approve or deny the application within 20 business days of receiving a complete plan. The bill would also authorize the applicant to resubmit a corrected plan addressing the deficiencies identified in the initial denial, would limit the enforcement agency's review of each subsequent resubmission to the deficiencies identified in the initial denial, and would require the enforcement agency to approve or deny each subsequent resubmission within 10 business days. Existing law, 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 approval of ministerial projects. To the extent that the streamlined, ministerial review processes established by the bill would apply to final, discretionary approval of a tenant improvement, the bill would exempt those projects from CEQA. This bill would also make related findings and declarations. 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 the review and approval of tenant improvements for restaurants, and by expanding the scope of various crimes related to these provisions, 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 specified reasons.

(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. 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, established 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. Existing law authorizes 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. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date. This bill, instead, would make those provisions operative until January 1, 2029, repeal those provisions on that date, and make conforming changes. The bill would also prohibit the department from issuing any new COVID-19 Temporary Catering Authorizations on or after January 1, 2027. (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date. This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law provides that these standards are primarily enforced by local enforcement agencies. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely. (4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards. This bill would, notwithstanding the requirements described above, authorize a restaurant to operate using open windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops, and submits to the enforcement agency for approval, an integrated pest management and food safety risk mitigation plan and meets certain requirements, as specified. The bill would require the plan to be documented in writing, made available upon request to local environmental health enforcement officers, and updated annually or whenever there is a change to the facility or operation. The bill would require the restaurant to self-close upon observation of vermin activity inside the facility and remain closed until all vermin are eliminated. The bill would prohibit a local enforcement agency from unreasonably withholding approval of a proposed pest management and food safety risk mitigation plan and would require approval to be granted unless unique circumstances exist such that no reasonable conditions or measures can sufficiently mitigate a significant risk to public health or safety. (5) 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.

Under existing law, the Department of Rehabilitation is required to provide various services, including independent living services, to eligible individuals with physical or mental disabilities. Existing law provides for the operation of independent living centers (ILCs) , which are private, nonprofit organizations that provide specified services to individuals with disabilities, in order to assist those individuals in their attempts to live fuller and freer lives outside institutions. Existing law, the Mello-Granlund Older Californians Act, establishes various programs that serve older individuals. The act requires the California Department of Aging to designate various private nonprofit or public agencies as area agencies on aging (AAAs) to work within a planning and service area and provide a broad array of social and nutritional services. The act also establishes Aging and Disability Resource Connection (ADRC) programs to provide information to consumers and their families on available long-term services and supports (LTSS) programs, with assistance to older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. Under the act, AAAs and ILCs are the core local partners in developing ADRC programs. Existing law sets forth various provisions relating to emergency shelters, including, among others, the California Emergency Services Act. Under that act, the State Emergency Plan is the official document approved by the Governor that describes the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires the Office of Emergency Services to update the State Emergency Plan on or before January 1, 2019, and every 5 years thereafter. Existing law authorizes the Governor to assign to a state agency any activity concerned with the mitigation of the effects of an emergency of a nature related to the existing powers and duties of that agency. This bill would, as part of disaster planning and response, require a representative of the county welfare director, in coordination with the lead local agency designated with sheltering support duties under the State Emergency Plan Emergency Support Functions, to initiate a memorandum of understanding with an AAA, an ILC, or an ADRC program to allow access by the AAA, the ILC, or the ADRC program to an emergency shelter, as defined, established for evacuation purposes during an active event, in order to ensure that older adults and persons with disabilities receive continuous services and necessary support. By creating new duties for local officials, 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 requires the State Department of Public Health to license and regulate health facilities and clinics. Existing law generally makes a violation of those provisions a crime. Existing law also specifies the settings in which an ultrasound or similar medical imaging device procedure may be offered, which includes licensed health facilities and clinics, and certain providers and facilities that are not subject to licensure and regulation by the department. Existing law requires a licensed health facility that provides specified prenatal screening ultrasound to require that the ultrasound be performed by a sonographer that is nationally certified, as specified. This bill would, except as specified, require a provider, as defined, that offers a sensitive examination to provide notice to patients that a medical chaperone will be made available, upon their request, to assist or observe the sensitive examination. The bill would require the notice be provided as a hard copy, an electronic transmission, or verbally to the patient or their legal guardian, as specified. The bill would provide that the provider has the right to decline performing a sensitive examination in the absence of a medical chaperone if the provider determines that a medical chaperone must be present. The bill would require a provider to educate sonographers and clinical and nonclinical staff who may serve as a medical chaperone regarding specified topics, including, among others, appropriate observational and intervention techniques. The bill would require, if a patient requests a medical chaperone, a provider to document a medical chaperone's presence in the patient's health record. The bill would define various terms for purposes of these provisions, including that sensitive examination means an ultrasound examination performed by a sonographer of certain areas of the body, including genitalia. The bill would make these provisions operative on January 1, 2027. By creating new requirements for health facilities and clinics, the violation of which 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 requires the State Department of Public Health to license and regulate health facilities, including general acute care hospitals. Existing law makes a violation of these provisions a crime. Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) , authorizes a covered health care provider to use specified protected health information to maintain a directory of patients in its facility, and to disclose that information to persons who ask for the patient by name. Existing federal law requires a covered health care provider to inform an individual of its privacy practices generally and the use and disclosure of information in the directory and to provide the patient with the opportunity to restrict or prohibit that use or disclosure. Existing law, the Confidentiality of Medical Information Act, prohibits a health care provider, a contractor, or a health care service plan from disclosing medical information, as defined, but does not prevent a general acute care hospital, upon an inquiry concerning a specific patient, from releasing a patient's name, address, age, and sex, and a general description of the reason for treatment, among other information, unless there is a specific written request by the patient to the contrary. This bill, beginning July 1, 2026, would require a general acute care hospital to inform a patient or the patient's representative, at the time of admission or as soon as reasonably possible in cases of patient incapacity or an emergency treatment circumstance, that the patient or the patient's representative may restrict or prohibit the use or disclosure of protected health information in the hospital's patient directory and would require the hospital to provide the patient or the patient's representative an acknowledgment of the hospital's privacy practices by using a separate document and having hospital personnel verbally inform the patient or the patient's representative, as specified. Because a violation of the bill's requirements 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.