Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that federally qualified health center (FQHC) services and rural health clinic (RHC) services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. "Visit" is defined as a face-to-face encounter between a patient of an FQHC or RHC and specified health care professionals, including a physician. Under existing law, "physician," for these purposes, includes, but is not limited to, a physician and surgeon, an osteopath, and a podiatrist. This bill would authorize reimbursement for a maximum of 2 visits taking place on the same day at a single location if after the first visit the patient suffers illness or injury requiring additional diagnosis or treatment, or if the patient has a medical visit and a mental health visit or a dental visit, as defined. The bill would authorize an FQHC or RHC that currently includes the cost of a medical visit and a mental health visit that take place on the same day at a single location as a single visit for purposes of establishing the FQHC's or RHC's rate to apply for an adjustment to its per-visit rate, and after the department has approved that rate adjustment, to bill a medical visit and a mental health visit that take place on the same day at a single location as separate visits, in accordance with the bill. Implementation of these provisions would be contingent upon an appropriation in the annual Budget Act and the availability of federal financial participation. This bill would also make an FQHC or RHC visit to a licensed acupuncturist reimbursable on a per-visit basis. The bill would require the department, by January 1, 2020, to submit a state plan amendment to the federal Centers for Medicare and Medicaid Services to reflect certain changes described in the bill, and to seek necessary federal approvals. This bill would incorporate additional changes to Section 14132.100 of the Welfare and Institutions Code proposed by AB 2428 to be operative only if this bill and AB 2428 are enacted and this bill is enacted last.
Sponsored bills
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This bill would make a nonsubstantive change to this requirement. The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term "use by right" for these purposes. This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects. This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. By adding to the duties of local planning officials, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 686 to be operative only if this bill and AB 686 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes a system of public elementary and secondary schools in this state, and authorizes school districts and other local educational agencies to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law requires the adopted course of study for grades 1 to 6, inclusive, and grades 7 to 12, inclusive, to include, among other subjects, visual and performing arts. This bill, contingent upon an appropriation made for these purposes, would establish the Arts for Every Student Incentive Grant Program, to be administered by the State Department of Education, to encourage and maintain the delivery of high-quality visual and performing arts education programs, provide a jump start for underserved local educational agencies that lack the capacity to provide access to a visual and performing arts education to every pupil, and provide opportunities for pupils who are individuals with exceptional needs to participate in arts education programs and curricula, as specified. The bill would require the department to provide grants to eligible applicants for the purposes of the program, to give special consideration to specified applicants, to award grants based on an appropriate scoring system that is based on a demonstrated commitment to high-quality visual and performing arts education and equity, and to consult with persons and entities that have expertise in visual and performing arts education, as specified.
(1) The California Beverage Container Recycling and Litter Reduction Act requires the Department of Resources Recycling and Recovery to annually designate convenience zones and requires that at least one certified recycling center or location within every convenience zone accept all types of empty beverage containers and pay the refund value, if any, for those beverage containers at one location, and be open for business at least 30 hours per week, as provided. The act provides that a recycling center that consists of reverse vending machines or other unmanned automated equipment is "open for business," for purposes of the requirement to be open 30 hours per week, if the equipment at the recycling center is properly functioning, accepting all types of empty beverage containers at the recycling location, and paying posted refund values no less than the minimums required by the act. This bill would provide that a recycling center that meets those requirements is not required to have an employee present during the hours of operation in order to be "open for business." The bill would provide that a recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are 3 or more liters in volume and those that are pouches is open for business if it provides an attendant to accept all types of empty beverage containers for no less than 10 hours per week, as provided, and is operable and properly functioning for no less than 70 hours per week. The bill would require the department to pay handling fees to those recycling centers, and would require those recycling centers to pay refund values, on the basis of the number of beverage containers redeemed through the reverse vending machines, and not on the basis of weight. The bill would require the department to determine the method of certifying the validity of the number of beverage containers counted by the reverse vending machine. (2) Under the act, a beverage distributor is required to pay a redemption payment to the department for every beverage container sold or offered for sale in the state by the distributor, and the department is required to deposit those amounts in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department to, among other things, pay refund values and administrative fees to processors. Additionally, under the act, the department is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer. Under the act, the processing fee is calculated based on the recycling rate for each particular container type, which determines the fee at a specified corresponding percentage of the processing payment for that particular container type. This bill would specify that a payment made pursuant to the act, including, but not limited to, a handling fee payment, refund value payment, processing fee payment, or processing payment, may be made electronically.
Existing law establishes the Spaceport Office in the Department of Transportation to seek and obtain federal funding for the commercialization of private space activities in the state. Existing law, for the January 1, 2014, lien date to, and including, the January 1, 2024, lien date, exempts from taxation qualified property, as defined, for use in space flight. Existing law authorizes airport districts to provide and maintain spaceports and landing places for space reentry traffic. Existing law establishes the Governor's Office of Business and Economic Development (office) , which is administered by a director appointed by the Governor. The office serves the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. This bill would establish the California Aerospace and Aviation Commission consisting of 17 members, as specified, to serve as a central point of contact for businesses engaged in the aerospace and aviation industries and to support the health and competitiveness of these industries in California. The bill would require the commission to make recommendations on legislative and administrative action that may be necessary or helpful to maintain or improve the state's aerospace and aviation industries and would require the commission to report and provide recommendations to the Governor and the Legislature, as specified. The bill would require the commission to have offices contained within existing operations of the office, as specified, and would require the operations of the commission to be supported through nonstate moneys. The bill would also require that funds received by the commission be deposited in the Aerospace and Aviation Account, which the bill would create in the California Economic Development Fund, to be used by the commission upon appropriation by the Legislature, and would preclude any actions by the office relating to the commission until a determination is made and reported regarding the sufficiency of funds received. The bill would enact other related provisions.
Existing law specifies the time period within which various proceedings may be commenced under provisions of law relating to workers' compensation. With certain exceptions, a proceeding to collect death benefits is required to be commenced within one year from several circumstances, including, but not limited to, from the date of death if it occurs within one year from the date of injury. Existing law prohibits proceedings from being commenced more than one year after the date of death, and generally not more than 240 weeks from the date of injury. Existing law, for specified deceased members, including peace officers and active firefighting members, extends until January 1, 2019, the time period to commence proceedings to collect death benefits, if the proceedings are brought by, or on behalf of, a person who was a dependent on the date of death, from 240 weeks from the date of injury to no later than 420 weeks from the date of injury, not to exceed one year after the date of death for certain injuries, as specified. This bill would delete the January 1, 2019, date of repeal operation of the above-referenced extension.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally requires rigid plastic packaging containers, as defined, sold or offered for sale in this state to meet one of specified criteria. This bill would enact the Sustainable Packaging for the State of California Act of 2018, which would prohibit a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the bill would require the department to publish and maintain on its Internet Web site that contains types of approved food service packaging that are reusable, recyclable, or compostable. The bill would exempt packaging acquired before its inclusion on the list, as specified. The bill would require the department to regularly, but no less than once every 5 years, evaluate the list of approved types of food service packaging and would authorize the department to add or remove types of food service packaging to or from the list based on whether the packaging is recyclable, reusable, or compostable. The bill would require, on or before January 1, 2021, the department to adopt, in consultation with specified state and local agencies, regulations for determining the types of food service packaging that are reusable, recyclable, or compostable, and would prescribe specified criteria for the Director of the Department of Resources Recycling and Recovery to consider in determining whether a type of food service packaging is reusable, recyclable, or compostable. The bill would require local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing those regulations. By imposing additional duties on local governments, the bill would impose a state-mandated local program. The bill would require a food service facility to provide to the department reasonable and timely access to contracts, invoices, and purchase orders that include information demonstrating whether the food service packaging material acquired by the food service facility is in compliance with the bill. The bill would require the Department of General Services or any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a food service facility to ensure that the relevant contract or agreement conforms to any applicable provisions of the bill and would impose specified additional duties on the Department of General Services in relation to those contracts or agreements. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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, as defined. Existing law defines "enforcement officer," for purposes of enforcing these provisions, to mean certain appointees of the State Public Health Officer, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees. Existing law prohibits certain stores from providing a single-use carryout bag to a customer at the point of sale. This bill would prohibit a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer. The bill would specify that the first and 2nd violations of these provisions would result in a notice of violation and any subsequent violation would be an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300. The provisions would be enforced by the same officers authorized to enforce the California Retail Food Code. By creating a new crime and imposing additional enforcement duties on local health agencies, 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 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.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. This bill would require the Department of Housing and Community Development, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2019, to develop and submit for approval by the California Building Standards Commission clarifications in the California Building Code and the California Residential Code pertaining to the requirements for the construction of live/work units.
Existing law authorizes the Judicial Council to dispose of surplus court facilities pursuant to a specified process that requires, among other things, the Judicial Council to consult with the county where the court facility is located, offer the facility to the county at a fair market value before offering it to another state agency or local government agency, and deposit the funds received from a sale into the State Court Facilities Construction Fund. The process further requires the Judicial Council, if the court facility was previously the responsibility of a county, to comply with certain requirements applicable to the sale of surplus state property. Existing law establishes the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, for the planning, design, construction, rehabilitation, renovation, replacement, or acquisition of court facilities and for trial court operations, as defined. The California Constitution requires the proceeds from the sale of surplus state property to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund. This bill would, notwithstanding any other law, specifically authorize the Judicial Council to sell the West Los Angeles Courthouse, as specified, and the Mental Health Courthouse, as described, if the sale complies with certain requirements applicable to the disposal of court facilities and if the Judicial Council consults with, and first offers the right to purchase the property to, the County of Los Angeles. The bill would require the net proceeds from the sale of the courthouse to be deposited into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund. The bill would state that the disposition of this property is not a sale or other disposition of surplus state property within the meaning of the California Constitution. The bill would include a statement of legislative intent in support of its provisions. This bill would declare that it is to take effect immediately as an urgency statute.