Asm. Isaac Bryan

(1) The Charter Schools Act of 1992 provides for the establishment and operation of charter schools. Existing law requires a petition for the establishment of a charter school to contain comprehensive descriptions of various matters and procedures, including procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed for any reason. Existing law requires these procedures to contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of the intent to remove the pupil no less than 5 schooldays before the effective date of the action. Existing law requires the written notice to inform the pupil, the pupil's parent or guardian, or the pupil's educational rights holder of the right to initiate a hearing adjudicated by a neutral officer before the pupil may be involuntarily removed by the charter school. This bill would require the written notice to be provided to and inform the foster child's educational rights holder, attorney, and county social worker and, if applicable, the Indian child's tribal social worker and, if applicable, county social worker of the right to initiate a hearing adjudicated by a neutral officer before the foster child or, if applicable, Indian child may be involuntarily removed by the charter school. The bill would give a foster child's educational rights holder, attorney, and county social worker and an Indian child's tribal social worker and, if applicable, county social worker the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (2) Existing law requires the governing board of each high school or unified school district that assigns pupils to continuation schools to adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools. Existing law requires these rules and regulations to provide that written notice be given to the pupil and the pupil's parent or guardian informing them of the opportunity to request a meeting with a designee of the district superintendent of schools before the transfer. At the meeting, existing law requires the pupil or the pupil's parent or guardian to be informed of the specific facts and reasons for the proposed transfer and to have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented, and present evidence on the pupil's behalf. This bill would require those rules and regulations, for the involuntary transfer of pupils to continuation schools, to provide written notice of the opportunity to request a meeting with a designee of the district superintendent of schools before the transfer, if the pupil is a foster child, to the foster child's educational rights holder, attorney, and county social worker, and, if the pupil is an Indian child, as defined, the Indian child's tribal social worker and, if applicable, county social worker. The bill would require the foster child's educational rights holder, attorney, and county social worker and the Indian child's tribal social worker and, if applicable, county social worker to have the same rights that a parent of a pupil has at the meeting. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (3) Existing law requires each local educational agency, as defined, to designate a staff person as the educational liaison for foster children, as defined. If the education liaison is designated by the superintendent of the local educational agency, existing law requires the educational liaison to notify a foster child's attorney and the appropriate representative of the county child welfare agency of pending expulsion proceedings if the decision to recommend expulsion is a discretionary act, and pending proceedings to extend a suspension until an expulsion decision is rendered if the decision to recommend expulsion is a discretionary act. This bill would instead require the foster child's educational rights holder, attorney, and county social worker and an Indian child's, as defined, tribal social worker and, if applicable, county social worker to have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (4) Existing law authorizes the principal of the school, the principal's designee, or the district superintendent of schools to suspend a pupil from the school for any of specified reasons for no more than 5 consecutive schooldays. Existing law requires the suspension to be preceded by an informal conference, as specified. If a pupil is suspended without a conference before suspension, existing law requires the parent and the pupil to be notified of the pupil's right to a conference and the pupil's right to return to school for the purpose of a conference. Existing law requires, at the time of suspension, a school employee to make a reasonable effort to notify the pupil's parent or guardian in person or by telephone of the suspension. In a case where expulsion from a school or suspension for the balance of the semester from a continuation school is being processed by the governing board of school district, existing law requires, if the pupil is a foster child, the district superintendent of schools or the district superintendent's designee to invite the pupil's attorney and an appropriate representative of the county child welfare agency to participate in the meeting, as provided. This bill would require, if a foster child or Indian child, as defined, is suspended without a conference before suspension, the foster child's educational rights holder, attorney, and county social worker, or, if applicable, the Indian child's tribal social worker and, if applicable, county social worker to be notified of the child's right to a conference and the child's right to return to school for the purpose of the conference. The bill would require, at the time of suspension of a foster child or Indian child, a school employee to make a reasonable effort to contact the foster child's educational rights holder, attorney, and county social worker, or, if applicable, the Indian child's tribal social worker and, if applicable, county social worker. The bill would authorize notification at the time of a suspension to a parent, guardian, foster child's educational rights holder, attorney, and county social worker, and Indian child's tribal social worker and, if applicable, county social worker to occur by email. The bill would require the district superintendent of schools or the district superintendent's designee to invite the foster child's county social worker, instead of an appropriate representative of the county child welfare agency, or, if applicable, the Indian child's tribal social worker and, if applicable, county social worker to participate in the meeting on a foster child's or, if applicable, an Indian child's expulsion from a school or suspension for the balance of the semester from a continuation school. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (5) Existing law requires at the time a pupil is assigned to a supervised suspension classroom, a school employee to notify, in person or by telephone, the pupil's parent or guardian, as specified. This bill would require, if the pupil assigned to a supervised suspension classroom is a foster child or Indian child, as defined, a school employee to notify the foster child's educational rights holder, attorney, and county social worker or the Indian child's tribal social worker and, if applicable, county social worker. The bill would authorize notification of assignment to a supervised suspension classroom to a parent, guardian, foster child's educational rights holder, foster child's attorney, foster child's county social worker, and an Indian child's tribal social worker and, if applicable, county social worker to occur by email. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (6) If an individual with exceptional needs is a foster child and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, existing law requires the attorney for the individual with exceptional needs and an appropriate representative of the county child welfare agency to be invited to participate in the individualized education program team meeting that makes a manifestation determination on expulsion pursuant to federal law. This bill would require the county social worker for the individual with exceptional needs who is a foster child, instead of an appropriate representative of the county child welfare agency, to be invited to participate in the individualized education program team meeting that makes a manifestation determination. The bill would require the local educational agency to invite the educational rights holder, attorney, and county social worker for the pupil if the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is mandatory. The bill would require the tribal social worker and, if applicable, county social worker for an individual with exceptional needs who is an Indian child, as defined, to participate in the individualized education program team meeting that makes a manifestation determination. The bill would require the local educational agency to invite the tribal social worker and, if applicable, county social worker for the Indian child if the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is mandatory. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (7) If the decision to recommend expulsion is a discretionary act and the pupil is a foster child, existing law requires the governing board of the school district to provide notice of the expulsion hearing to the pupil's attorney and an appropriate representative of the county child welfare agency at least 10 calendar days before the date of the hearing. This bill would require the governing board of the school district to provide that notice to the pupil's county social worker, instead of an appropriate representative of the county child welfare agency. The bill would require the governing board of the school district to provide that notice to the pupil's educational rights holder, attorney, or county social worker if a recommendation of expulsion is required. The bill would require the governing board of the school district to provide the above-described notice to the tribal social worker and, if applicable, county social worker of a pupil who is an Indian child. The bill would require the governing board of the school district to provide that notice to the Indian child's tribal social worker or, if applicable, county social worker if a recommendation of expulsion is required. Because the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (8) 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 generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age and developmentally appropriate manner, and the right to receive a copy of these rights, at specified intervals. This bill would additionally provide that a child who speaks a primary language other than English has the right to receive a copy of their rights in their primary language. The bill also would require, when a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan, those items to be provided in the child's primary language. Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to be developed considering the recommendations of the child and family team, as defined, and according to certain criteria, including that the child be given a meaningful opportunity to participate in the development of the case plan. Existing law requires that a child who is 12 years of age or older be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan. This bill would require, for a child described above who receives a copy of the case plan, the case plan be translated and provided to the child in their primary language for a child who speaks a primary language other than English. By imposing additional duties on county social workers, 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, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. Under AUMA, a person 21 years of age or older may, among other things, possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Existing law authorizes a person to petition for the recall or dismissal of a sentence, dismissal and sealing of a conviction, or redesignation of a conviction of an offense for which a lesser offense or no offense would be imposed under AUMA. Existing law, on or before July 1, 2019, requires the Department of Justice to review the records in the state summary criminal history information database to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation. Existing law gives the prosecution until July 1, 2020, to review all cases and determine whether to challenge the recall, dismissal, or sealing. Existing law requires the court to reduce or dismiss a sentence that has not been challenged by July 1, 2020. This bill would, if a sentence was not challenged by July 1, 2020, require the court to issue an order recalling or dismissing the sentence, dismissing and sealing, or redesignating the conviction no later than March 1, 2023, and would require the court to update its records accordingly and to notify the Department of Justice. The bill would require the Department of Justice, on or before July 1, 2023, to complete the update of the state summary criminal history information database, and ensure that inaccurate state summary criminal history is not reported, as specified. The bill would require the department to conduct an awareness campaign so that individuals that may be impacted by this process become aware of methods to verify updates to their criminal history. The bill would make a conviction, arrest, or other proceeding that has been sealed pursuant to these provisions deemed never to have occurred, as specified. The bill would, until June 1, 2024, require the department, in consultation with the Judicial Council, to produce a quarterly joint progress report to the Legislature, as specified.

Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells in the state and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources. Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Existing law authorizes the supervisor to require other pertinent information to supplement the notice. Existing law requires the owner of any well to file with the supervisor a monthly statement that provides certain information relating to the well, as provided. Existing law requires an operator proposing to perform a well stimulation treatment to apply to the supervisor or district deputy for a permit to perform the well stimulation treatment and imposes other requirements and conditions on the use of well stimulation treatments. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. This bill would prohibit, commencing January 1, 2023, the division from approving any notice of intention within a health protection zone, as defined, except for reasons related to preventing or responding to a threat to public health, safety, or the environment, complying with a court order, or to plug and abandon or reabandon a well, as provided. The bill would also explicitly authorize the division to approve notices of intention to public and private entities who own, purchase, or lease land containing idle-deserted or previously plugged and abandoned wells for the purposes of those public and private entities plugging and abandoning, or replugging and abandoning, those oil and gas wells so development of nonfossil fuel production and injection and related uses can proceed, as provided. The bill would require an operator who submits a notice of intention, except for certain notices of intention, to also submit either a sensitive receptor inventory and map of the area within the 3,200 feet radius of the wellhead or proposed wellhead location to the division, or a statement certifying that the operator has confirmed that there are no sensitive receptors, as defined, located within 3,200-foot of the wellhead location, as provided. If a notice of intention is approved pursuant to compliance with a court order, the bill would require the operator of the oil or gas well to provide an individual indemnity bond sufficient to pay the full cost of properly plugging and abandoning the operator's well or wells, and decommissioning any attendant production facilities in the health protection zone, as provided. Commencing January 1, 2025, the bill would require all oil or gas production facilities or wells with a wellhead within a health protection zone to comply with specified health, safety, and environmental requirements, as provided. These health, safety, and environmental requirements would, among other things, require compliance with requirements related to applicable permits, public notice, sound levels, light generation, migration of dust and particulates beyond property boundaries, emissions and vapor venting, and chemical analyses of produced waters. The bill would also require all operators with a production facility or well with a wellhead in a health protection zone to submit a leak detection and response plan, as provided, to the division by January 1, 2025, require division approval or notice of deficiency by January 1, 2026, and require implementation of the plan by January 1, 2027. The bill would require the division to hold public workshops related to the leak detection and response plans, as provided, operators to review and update their plans at least once every 5 years, subject to division approval, and the supervisor to notify the applicable legislative budget and policy committees about these leak detection and response plans, as provided. The bill would require operators to contact property owners and tenants before commencing work that requires a notice of intention, and would also require operators to comply with water sampling requirements, as provided. The bill would require every operator to submit a sensitive receptor inventory and map to the division by July 1, 2023, and provide updates to the inventory and map annually thereafter, as provided, and require the division to make all current sensitive receptor inventories and maps publicly available on its internet website. The bill would, commencing January 1, 2027, and annually thereafter, require operators with a wellhead or other production facility in a health protection zone to provide information to the division, as provided, and require the division to make this information publicly available on its internet website. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would exempt from its provisions underground gas storage wells and attendant production facilities. The bill would require the division, on or before July 1, 2027, and annually thereafter, to provide a legislative report to the applicable budget and policy committees regarding the implementation of health protection zones, as provided. The bill would authorize the division, the State Air Resources Board, and the State Water Resources Control Board to prescribe, adopt, and enforce any emergency regulations as necessary to implement, administer, and enforce these duties, as provided. The bill would require the State Air Resources Board, relevant local air districts, the State Water Resources Control Board, and relevant local water quality control boards, by June 1, 2023, to enter into memoranda of understanding with the division to clearly delineate respective responsibilities for the implementation and enforcement of health protection zones. By imposing requirements on local entities, the bill would impose a state-mandated local program. This bill would state that its provisions are severable. 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.

Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. The act requires the juvenile court to decide whether the minor should be transferred to a court of criminal jurisdiction following submission and consideration of a specified report from the probation officer, and of any other relevant evidence, and requires the court to consider certain criteria in making its decision, including whether the minor can be rehabilitated prior to the expiration of the juvenile court's jurisdiction and the success of previous attempts by the juvenile court to rehabilitate the minor. Existing law requires the court to recite the basis for its decision to transfer jurisdiction in an order entered upon the minutes. This bill would require the court to find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court in order to find that the minor should be transferred to a court of criminal jurisdiction, and would require the order reciting the court's basis for its decision to transfer jurisdiction to include the reasons supporting the court's finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. By increasing the number of minors retained under the jurisdiction of the juvenile court, thereby increasing the number of minors who are entitled to county-funded rehabilitative services, 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.

This measure would designate a specified portion of State Highway Route 44, near Oak Run in the County of Shasta, as the Stan Statham Memorial Highway. This measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

This measure would designate the East End Complex-Block 171 in Sacramento as the Mario Obledo Building, and would request the Department of General Services to determine the cost of erecting appropriate plaques and markers showing the designation and, upon receiving donations from nonstate sources, to cover that cost to erect signage.

This measure would urge the United States Congress to amend the United States Social Security Administration's index of earnings to ensure that a decline in aggregate wages due to COVID-19 does not result in decreased benefits.

This measure would request that the Department of Transportation remove the "The Christopher Columbus Transcontinental Highway" designation from the portion of Interstate 10 in the state, as well as any signage and markers memorializing that designation, and advise the Federal Highway Administration of the state's action.

Existing law establishes the California Environmental Protection Agency under the supervision of the Secretary for Environmental Protection, and vests the agency with authority over various environmental matters. Existing law requires the agency to address heat and heat reduction by, among other things, identifying the extent and severity of the urban heat island effect for cities to set quantifiable goals for heat reduction. Existing law establishes the Office of Planning and Research in state government in the Governor's office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP) to be administered by the office to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the commissioner's powers and duties. Existing law requires the commissioner to convene a working group to identify, assess, and recommend risk transfer market mechanisms that, among other things, promote investment in natural infrastructure to reduce the risks of climate change related to catastrophic events. This bill would require the agency, by January 1, 2025, to develop a statewide extreme heat ranking system in coordination with the ICARP, the State Department of Public Health, and the Department of Insurance, as provided. The bill would also require the Department of Insurance, by July 1, 2024, to transmit a study of, among other things, past extreme heat events and the effectiveness of insurance coverages, as specified, to prevent losses or help communities plan public health initiatives related to combating the effects of extreme heat, insurance options that will support specified adaptation, preparedness, and resilience measures, and recommendations for overcoming barriers encountered by local governments that are trying to use insurance or other financing tools to fund or support heat risk mitigation or adaptation strategies to the agency, the ICARP, and certain legislative policy committees, and to post the study on its internet website. The bill would require the agency, in coordination with the ICARP, the State Department of Public Health, and the Department of Insurance, to periodically review and update the extreme heat ranking system, as appropriate. The bill would require the ICARP to develop a public communication plan for the statewide extreme heat ranking system, recommend partnerships with local health departments and local and tribal governments, and develop statewide guidance for local and tribal governments in the preparation and planning for extreme heat events, and review the heat ranking system, as specified. The bill would also make findings and declarations related to extreme heat.