Asm. Lisa Calderon

Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half-time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment and training programs. Existing state law requires, for the purposes of determining eligibility for CalFresh, certain educational programs, as determined by the State Department of Social Services, to be considered employment and training programs, thereby qualifying a student participating in one of those programs for an exemption, unless prohibited by federal law. Existing law requires the department to maintain and regularly update a list of programs that meet the employment and training exemption set forth in federal regulations. Existing law also requires the department to issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rule for specified students. This bill would also require the department to post on its internet website that program list and those instructions to counties, and would require the instructions to include specific guidance for processing applications, reporting, and recertification for additional students who are exempt from the CalFresh student eligibility rule. The bill would require the department to convene a workgroup to identify the steps necessary to establish a CalFresh application submission process that accommodates the large influx of CalFresh applications during the beginning of a school term, as specified, and to submit a report, on or before April 1, 2023, to the Legislature on the necessary steps identified by the workgroup and any estimates of costs associated with implementing those steps.

Existing law permits an adult to adopt an unmarried minor. Existing law allows an adoptive parent, including a tribal customary adoptive parent, to file a petition to set aside an adoption if the adoptive child shows evidence of a developmental disability or mental illness as a result of conditions existing before the adoption or tribal customary adoption and the adoptive parent had no knowledge or notice of the conditions, to an extent that the child cannot be relinquished to an adoption agency on the grounds that the child is considered unadoptable. Existing law requires the court clerk to immediately notify the State Department of Social Services in Sacramento of the petition, and in the case of a tribal customary adoption, also notify the child's tribe, and requires the department to file a full report with the court and to appear before the court for the purpose of representing the adopted child within 60 days after the notice. Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, the minor's parents or guardian, and the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Existing law also authorizes some of those individuals to receive copies of the case file. This bill would authorize a juvenile case file, as defined, to be inspected and copied by the department for the purpose of completing those duties described above. The bill would also authorize department personnel to inspect and receive copies of those case files, as specified. This bill would incorporate additional changes to Section 827 of the Welfare and Institutions Code proposed by SB 1071 to be operative only if this bill and SB 1071 are enacted and this bill is enacted last.

Existing law establishes the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. The Donahoe Higher Education Act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. This bill would establish a pilot program, until July 1, 2029, that would require the California State University and the California Community Colleges to establish at 5 campuses of their segments at least one vending machine that dispenses wellness products, as provided. Participation of community colleges under the pilot program would be voluntary. This bill would request the University of California to establish at any number of campuses of their segment at least one vending machine that dispenses wellness products, as provided.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. This bill would enact the California Ban on Scholarship Displacement Act of 2021, which would prohibit each public and private institution of higher education in the state that receives, or benefits from, state-funded financial assistance, or that enrolls students who receive state-funded student financial assistance, from reducing certain students' institution-based gift aid offer below their financial need, except as specified. The bill would make its provisions severable.

Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS) . Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified. This bill would require a vehicle history report, as defined, to clearly and conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.

Existing law prohibits an intermodal marine equipment provider or intermodal marine terminal operator, as defined, from imposing per diem, detention, or demurrage charges on an intermodal motor carrier relative to transactions involving cargo shipped by intermodal transport under certain circumstances, including when an intermodal marine terminal decides to divert equipment without 48 hours' notice. This bill would also prohibit an intermodal marine container provider from imposing those charges, extended dwell charges, or commencing or continuing free time, as defined, on a motor carrier, as defined, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under certain circumstances. The bill would instead specify that those circumstances include when the intermodal marine container provider decides to divert equipment from the original interchange location without notice, as described above, and also include when the motor carrier documents an unsuccessful attempt to make an appointment for either a loaded or empty container transaction, as specified. The bill would also specify that those circumstances include when a return or delivery of an intermodal container is delayed because a booked vessel's receiving date changes, and when the obstacle to the cargo retrieval or return of equipment are within the scope of responsibility of the carrier or their agent and beyond the control of the invoices or contracting party. Existing law also prohibits an intermodal marine equipment provider from terminating, suspending, or restricting equipment interchange rights of a motor carrier for specified reasons and from charging back, deducting, or offsetting per diem charges or certain other charges from the motor carrier's freight bill. This bill would also prohibit an intermodal marine container provider from commencing or continuing free time if cargo is unavailable for retrieval and timely notice of cargo availability has not been provided. Existing law defines "intermodal marine terminal" to mean a marine terminal location or facility that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. This bill would define "intermodal marine container provider" to mean the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary. The bill would also define "satellite facility" to mean an intermodal yard, that is not a marine terminal, within the same local commercial territory that supports operations of an intermodal marine container provider or intermodal marine terminal, and would require any provisions related to acts at intermodal marine terminals to also be applied to acts at satellite facilities. This bill would specify that where these provisions are addressed by future federal law or regulation, and the federal law or regulation permits states to exceed the requirements set forth in the federal law or regulation, the more stringent provision shall govern.

Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. Existing law creates the Agricultural Labor Relations Board and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor. Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require for both alternative procedures that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. This bill would repeal the above provisions on January 1, 2028. This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances. Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside. This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal bond in the amount of the entire economic value of the order, as specified, and would provide for the bond to be forfeited under specified conditions. 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 no reimbursement is required by this act for a specified reason.

(1) Existing law requires the Governor to create a California Interagency Council on Homelessness for specified purposes, including to create partnerships among various entities, like participants in the United States Department of Housing and Urban Development's Continuum of Care Program, and to identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. This bill would enact the HELP (Homeless Equity for Left Behind Populations) Act. The bill would require cities, counties, and continuums of care receiving state funding to address homelessness, on or after January 1, 2024, to include families, people fleeing or attempting to flee domestic violence, and unaccompanied women within the vulnerable populations for whom specific system supports are developed to maintain homeless services and housing delivery. The bill would also impose other homelessness planning and data analysis requirements on these cities, counties, and continuums of care. The bill would prohibit victim service providers, as defined, from being required or expected to enter client-level data into specified homeless data systems and would permit any funding provided to cities, counties, and continuums of care, consistent with authorized program uses and limitations, to be used to support the development and the maintenance of comparable databases, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program. This bill would require the California Interagency Council on Homelessness to set and measure progress toward goals to prevent and end homelessness among domestic violence survivors and their children and among unaccompanied women in California, as described. The bill would require initial goals to be established by January 1, 2025, and those goals to be evaluated at least every 2 years to determine whether updated goals are needed. The bill would also make related findings and declarations. (2) 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.

(1) Existing law authorizes the payment of unemployment compensation benefits and requires that they be made in accordance with regulations of the Director of Employment Development. Existing law generally requires the Employment Development Department to promptly pay benefits if claimants are eligible or to promptly deny benefits if they are ineligible. Existing law prohibits payment of unemployment compensation benefits for services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, as specified. This bill would establish, until January 1, 2026, the Excluded Workers Pilot Program, to be administered by the Employment Development Department upon appropriation by the Legislature, for the purpose of providing income assistance to excluded workers who are ineligible for the existing state or federal benefits administered by the department and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment, if the Director of Employment Development makes certain findings, as defined and specified. The bill would require the department to promulgate regulations to implement the program, including regulations providing for an application process, as specified. The bill would prohibit the department from requesting or compelling certain information from individuals in connection with administering the program and would prohibit the department from retaining specified documents for longer than necessary to administer benefits. The bill would also prohibit, except as specified, disclosures of personal information, as defined. The bill would require the department, on or before July 1, 2025, to submit a report to the Governor and the Legislature that makes recommendations for establishing a permanent unemployment insurance benefit program for workers excluded from the unemployment insurance system based on their immigration status, as specified. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian and generally requires the court to order the social worker to provide designated child welfare services, including family reunification services. Existing law requires a court to order reasonable services, including reunification services, if a parent or guardian is incarcerated, institutionalized, or detained by the United States Department of Homeland Security, or has been deported to the parent or guardian's country of origin, unless the court determines by clear and convincing evidence that those services would be detrimental to the child considering specified factors, including, among other things, the length of the sentence, the nature of the crime, and the degree of detriment to the child if services are not offered. This bill would prohibit the denial of reunification services for parents and guardians who are in custody before conviction, as specified. To the extent that the bill would impose additional duties on local entities and social workers, 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.