Asm. Blanca Rubio

The California Internet Consumer Protection and Net Neutrality Act of 2018 prohibits fixed and mobile internet service providers, as defined, that provide broadband internet access service, as defined, from engaging in specified actions concerning the treatment of internet traffic. The act also prohibits fixed and mobile internet service providers from offering or providing services other than broadband internet access service that are delivered over the same last-mile connection as the broadband internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband internet access service. This bill, the Digital Equity Bill of Rights, would state that it is the principle of the state, to ensure digital equity for all residents of the state, that residents shall have access to broadband that meets specific requirements, and that it is the policy of the state that, to the extent technically feasible, broadband internet subscribers benefit from equal access to broadband internet service within the service area of a broadband provider, as those terms are defined. The bill would also state that it does not create an obligation for the state to enforce that principle or policy and does not create a private right of action against the state to enforce the bill. The bill would make related legislative findings and declarations.

(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, 2024, and repeals them as of that date. This bill, instead, would make those provisions operative only until July 1, 2026, repeal those provisions on that date, and make conforming changes. (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 on January 1, 2022, and repeals them on July 1, 2024. This bill, instead, would make those provisions operative only until July 1, 2026, and repeal them on that date. 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 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, for a period of one year after the end of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic, or until January 1, 2024, whichever occurs first, 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 in relation to the COVID-19 public response, this bill, instead, would make those provisions operative only until July 1, 2026. (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.

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system, including that for Route 210. Existing law requires the department to keep and repair all objects or markers adjacent to a state highway that have been erected to mark registered historical places. This bill would require the department, through the erection of highway signs and appropriate markers, to provide recognition of the historical and cultural importance of the California tribes local to, or historically located in, the Counties of Los Angeles and San Bernardino. The bill would require the department to work with certain entities, including, but not limited to, California tribes local to, or historically located along, Route 210, to name Route 210 and to identify appropriate locations for signs to recognize tribal lands along Route 210 in the Counties of Los Angeles and San Bernardino. The bill would require the department to erect those signs and other appropriate markers at the appropriate locations on Route 210, as part of the department's regularly scheduled replacement, modification, and maintenance of highway signs. The bill would specify that Route 210 shall be known and designated as the Southern California Native American Freeway or by the name developed by the department with the specified entities.

Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the school district. Existing law provides that educational counseling may include counseling in developing pupil knowledge of financial aid planning for postsecondary education, including, among others, financial aid programs and resources for foster and homeless youth. This bill would establish the Dream Resource Center Grant Program for the purpose of providing pupils, including undocumented pupils, in grades 9 to 12, inclusive, with specified resources. The bill would require the State Department of Education, in administering the program, to review applications and award grants based off of a tiered point system that prioritizes applications for funding, as provided. The bill would authorize a school district, county office of education, or charter school, including those that have already established a Dream Resource Center at one or more schoolsites, to apply to the department to be eligible to receive a grant, as provided. The bill would require a local educational agency that receives a grant under the program to use it for creating a Dream Resource Center or for supplementing, but not supplanting, an existing Dream Resource Center, as provided. The bill would require the department, on or before June 1, 2026, to submit a report to the appropriate policy committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of Dream Resource Centers funded with these grants. The bill would condition the implementation of these provisions on an appropriation by the Legislature for these purposes in the annual Budget Act or other statute.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA and any applicable local ordinances to engage in commercial adult-use cannabis activity pursuant to that license, if conducted as prescribed. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities and, except as specified, prohibits a person or entity from engaging in commercial cannabis activity without a state license issued by the Department of Cannabis Control pursuant to MAUCRSA. Existing law provides that a person engaging in commercial cannabis activity without a license is subject to civil penalties, as specified, and authorizes the Attorney General, a county counsel, a city attorney, or a city prosecutor to bring an action, as specified. This bill would authorize a licensee under MAUCRSA to bring an action in superior court against a person engaging in commercial cannabis activity without a license as required by MAUCRSA. The bill would require the licensee to demonstrate actual harm resulting from the unlicensed commercial cannabis activity. The bill would authorize a court in that action to enter an order enjoining the defendant from engaging in commercial cannabis activity without a license. The bill would entitle a licensee prevailing in that action to their reasonable attorney's fees and costs and either actual damages or statutory damages not to exceed $75,000, as specified. The bill would provide that its provisions do not apply to a violation of the Labor Code and would prohibit the provisions from forming the basis for a cause of action under the Labor Code Private Attorneys General Act of 2004. AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would declare that its provisions further the purposes and intent of AUMA.

Existing law requires the governing board of each community college district and the Trustees of the California State University, in collaboration with campus-based and community-based recovery advocacy organizations, to provide, as part of established campus orientations, educational and preventive information provided by the State Department of Public Health about opioid overdose and the use and location of opioid overdose reversal medication to students at all campuses of their respective segments. Existing law requires the governing board of each community college district and the Trustees of the California State University to require that each campus health center apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and apply to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services. Existing law requires a campus health center, upon approval for use of the statewide standing order and participation in the Naloxone Distribution Project, to distribute a federally approved opioid overdose reversal medication, as specified. Existing law requests that the Regents of the University of California comply with these requirements. This bill would require the governing board of each community college district and the Trustees of the California State University to provide information about the use and location of fentanyl test strips as part of established campus orientations and to notify students of the presence and location of fentanyl test strips. The bill would require the governing board of each community college district and the Trustees of the California State University to require that each campus health center stock and distribute fentanyl test strips, as specified. By imposing new duties on community college districts, the bill would constitute a state-mandated local program. The bill would request that the Regents of the University of California comply with these requirements. 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.

The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property, defined as the county assessor's valuation of real property as shown on the 1975–76 tax bill and, thereafter, the appraised value of the property when purchased, newly constructed, or a change in ownership occurs after the 1975 assessment, subject to an annual inflation adjustment not to exceed 2%. Existing property law, pursuant to the authorization of the California Constitution, provides a disabled veteran's tax exemption on specified property, as described. Existing law sets forth procedures to claim property tax exemptions. This bill would authorize a county assessor to provide written or electronic determination of preliminary eligibility for the disabled veteran's tax exemption. The bill would make related findings and declarations. This bill would incorporate additional changes to Section 205.5 of the Revenue and Taxation Code proposed by SB 82 to be operative only if this bill and SB 82 are enacted and this bill is enacted last.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use emergency epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction, as provided. This bill would authorize a school district, county office of education, or charter school to provide emergency stock albuterol inhalers, including, if necessary, single-use disposable holding chambers, as specified, to school nurses or trained personnel who have volunteered, and would authorize school nurses or trained personnel to use an emergency stock albuterol inhaler to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from respiratory distress, as provided. The bill would prohibit a local educational agency that elects to utilize stock albuterol inhalers for emergency aid from being liable for civil damages for this administration, except as provided, and would require those local educational agencies to provide defense and indemnity to an employee who volunteers under these provisions for any and all civil liability, as provided. The bill would require the Superintendent of Public Instruction to establish, and post on the State Department of Education's internet website, minimum standards of training for the administration of stock albuterol inhalers, as provided, and every 5 years or sooner, as provided, review those standards. The bill would define the terms, including, among others, "stock albuterol inhaler" and "respiratory distress" for purposes of these provisions.

Existing law establishes the California State Nonprofit Security Grant Program under the administration of the Director of Emergency Services to provide grant funding to improve the physical security of nonprofit organizations that are at high risk of violent attacks or hate crimes due to ideology, beliefs, or mission. Existing law authorizes applicants to use grant funds for prescribed security enhancements, including security training. Existing law makes the operation of the program contingent upon an appropriation in the annual Budget Act. This bill would require the grant program to provide the grants to nonprofit organizations and would authorize the grant program to provide grants to an applicant that provides support to the above-described at-risk nonprofit organizations for vulnerability assessments, security trainings, mass notification alert systems, monitoring and response systems, and lifesaving emergency equipment. The bill would prohibit the director from taking into account during the evaluation of an application the applicant's prior history with or receipt of grant funding to improve its physical security. The bill would require the director, when evaluating applications, to consider whether an applicant is more likely to be a target of hate-motivated violence. Existing law requires the Office of Emergency Services to provide ongoing technical assistance for nonprofit organizations that require a vulnerability assessment for a state application to the California State Nonprofit Security Grant Program or a threat assessment for a federal application to the Nonprofit Security Grant Program of the United States Department of Homeland Security. This bill would require that the above-described technical assistance include a resource page on the office's internet website, as specified, and continuous outreach to stakeholders on available resources for vulnerability assessments outside the established grant cycle.

Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would add fentanyl to the substances for which additional terms or fines can be imposed and would require a defendant who violates those laws with respect to a substance containing heroin, fentanyl, or cocaine, as specified, to know of the substance's nature or character as a controlled substance to be subjected to an additional term and authorized fine. By increasing the penalty for, and by changing the definition of, a 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.