Asm. Lisa Calderon

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. Under existing law, Medi-Cal services may be provided pursuant to contracts with various types of managed care health plans, including through a county organized health system. Under existing law, in-person contact between a health care provider and a patient is not required under the Medi-Cal program for services appropriately provided through telehealth. Existing law provides that neither face-to-face contact nor a patient's physical presence on the premises of an enrolled community clinic is required for services provided by the clinic to a Medi-Cal beneficiary during or immediately following a proclamation declaring a state of emergency. Existing law defines "immediately following" for this purpose to mean up to 90 days following the termination of the proclaimed state of emergency, unless there are extraordinary circumstances. Under existing law, federally qualified health center (FQHC) services and rural health clinic (RHC) services are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is available, to providers on a per-visit basis. "Visit" is defined as a face-to-face encounter between an FQHC or RHC patient and any of specified health care professionals. Under existing law, "visit" also includes an encounter between an FQHC or RHC patient and specified medical professionals when services delivered through that interaction meet the applicable standard of care. Existing law prohibits an FQHC or RHC from establishing a new patient relationship using an audio-only synchronous interaction and authorizes the department to provide specific exceptions to that prohibition, developed in consultation with affected stakeholders and published in departmental guidance. This bill would authorize the department to authorize an FQHC or RHC to establish a new patient relationship using an audio-only synchronous interaction when the visit is related to sensitive services, as defined, and authorize an FQHC or RHC to establish a new patient relationship using an audio-only synchronous interaction when the patient requests an audio-only modality or attests they do not have access to video. Existing law provides that face-to-face contact is not required when covered health care services are provided by video synchronous interaction, audio-only synchronous interaction, remote patient monitoring, or other permissible virtual communication modalities when those services and settings meet certain criteria. Existing law, effective as specified, requires a provider furnishing services via audio-only synchronous interaction to also offer those same health care services via video synchronous interaction to preserve beneficiary choice. Existing law authorizes the department to provide specific exceptions to that requirement based on a Medi-Cal provider's access to requisite technologies, as specified. Existing law also prohibits a health care provider from establishing a new patient relationship with a Medi-Cal beneficiary via, among other interactions, telephonic (audio-only) synchronous interaction. Existing law authorizes the department to provide specific exceptions to that prohibition, as specified. This bill would authorize the department to take into consideration the availability of broadband access when providing those specific exceptions. The bill would authorize the department to authorize a health care provider to establish a new patient relationship using an audio-only synchronous interaction when the visit is related to sensitive services, as defined, and authorize a health care provider to establish a new patient relationship using an audio-only synchronous interaction when the patient requests an audio-only modality or attests they do not have access to video. This bill would incorporate additional changes to Section 14132.100 of the Welfare and Institutions Code proposed by SB 966 to be operative only if this bill and SB 966 are enacted and this bill is enacted last.

Existing law, the California Emergency Services Act, authorizes use of the Emergency Alert System to inform the public of local, state, and national emergencies. Existing law requires a law enforcement agency to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the issuance and coordination of a Blue Alert following an attack upon a law enforcement officer or a Silver Alert relating to a person who is 65 years of age or older who is reported missing. This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate a "Feather Alert," as defined, if specified criteria are satisfied with respect to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances. The bill would require the department, if it concurs that specified requirements are met, to activate a Feather Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs. The bill would require the department to create and submit a report to the Governor's Office and the Legislature that includes an evaluation of the notification system established pursuant to these provisions no later than January 1, 2027. The bill would also make related legislative findings and declarations.

Existing law establishes the Natural Resources Agency, which consists of various departments and commissions, including the Department of Conservation, Department of Parks and Recreation, and State Lands Commission. Existing law vests in the agency various powers, including those related to conservation of lands. Pursuant to the agency's general authority, the agency established the California Advisory Committee on Geographic Names to be a liaison to the United States Board on Geographic Names. The duties, powers, and responsibilities of the committee are established by its internal charter. Commencing on January 1, 2025, this bill would require the term "squaw" to be removed from all geographic features and place names in the state. The bill would require the Natural Resources Agency to direct the committee to revise its existing charter to perform specified responsibilities, including notifying public agencies, as defined, of each geographic feature and place name that includes the term "squaw." The bill would require the committee to choose a replacement name, under its discretion, and in consultation with advisory bodies, if the local governing body fails to recommend a replacement name within the allotted 180 days. The bill would require the committee to work in formal consultation with California Native American tribes on the list maintained by the Native American Heritage Commission to establish a procedure for receiving name recommendations. This bill would require public agencies to no longer replace signs, interpretive markers, or any other marker or printed material with the discontinued name containing the word "squaw." The bill would require each agency or local governing body to ensure that map updates and sign replacements use the new name. Commencing January 1, 2025, the bill would require the committee to annually report to the Legislature regarding the implementation of these provisions, and would require that report to include specified information, including each geographic feature and place name that uses the term "squaw" in that public agency's jurisdiction and the proposed replacement name. By imposing requirements on local governments to remove the term "squaw" from geographic features and place names and to report specified information to the committee, 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, 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 provides for the establishment of California American Indian education centers by any tribal group or incorporated American Indian association to meet specified objectives, and further provides for the administration of grants, upon application, by the State Department of Education for those purposes in accordance with specified provisions. Existing law requires each center to annually submit specified data to the department that reflects each center's ability to meet its stated objectives and any other objectives chosen by the center. Existing law requires the department to enter into a contract with a county office of education or a consortium of county offices of education for the purpose of developing model curriculum related to Native American studies, as provided. This bill would establish the California Indian Education Act and encourage school districts, county offices of education, and charter schools to form California Indian Education Task Forces with California tribes local to their regions or tribes historically located in the region. The bill would encourage task force participants to discuss issues of mutual concern and to undertake certain work. The bill would require California Indian Education Task Forces to submit, within one year of formation and annually thereafter, a report of findings to the department, as provided. The bill would require the department to submit, within one year of receiving task force reports and annually thereafter, a report to certain education committees of both houses of the Legislature regarding the narrowing of the achievement gap and the adoption of curriculum, as provided. The bill would authorize California Indian Education Task Forces to submit curricular materials to the county office of education, or consortium of county offices of education, that contracted to develop the model curricula related to Native American studies. The bill would require the contracted county office of education, or consortium of county offices of education, to consider these submitted materials for inclusion in the model curriculum. To the extent that this bill imposes new duties on the county office of education, or consortium of county offices of education, that contracted to develop the model curriculum, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a rigid plastic packaging container, as defined, sold or offered for sale in this state, to meet, on average, at least one of 5 specified criteria, including that the container be made from 25% postconsumer material. This bill, commencing January 1, 2025, would require the total thermoform plastic containers sold or imported by a producer, as defined, to contain, on average, specified amounts of postconsumer thermoform recycled plastic, as defined, per year pursuant to a tiered plan that would require the total thermoform plastic containers to contain, on average, and depending on the recycling rate, no less than 20% or 30% postconsumer recycled plastic per year on and after July 1, 2030. The bill would exempt from these requirements, as specified, thermoform plastic containers used to package dairy products if the department determines pursuant to an application submitted by one or more dairy products manufacturers that certain conditions exist. The bill would require, on or before March 1 of each year, a producer to report to the department, under penalty of perjury, the amount in pounds of all thermoform plastic containers sold in or imported into the state for the preceding calendar year, the number of containers returned and refilled, and the amount in pounds of each type of postconsumer resin used in those containers. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require certain importers and manufacturers of thermoform plastic containers to register and pay a fee to the department and would require those entities and certain purchasers and exporters to report to the department specified sales and other information. The bill would require the department to post the reported information on its internet website. The bill would require certain entities to maintain specified records and documentation. This bill would authorize the department to conduct audits and investigations and take enforcement action against a producer to ensure compliance. The bill would exempt from the California Public Records Act trade secrets and proprietary information obtained from those audits and investigations. The bill would impose annual administrative penalties in a specified amount, calculated and authorized to be adjusted by the department, for violating these requirements. The bill would require collected administrative penalties to be deposited into the Thermoform Recycling Enhancement Penalty Account, which the bill would create. The bill would make funds in the penalty account available only upon appropriation by the Legislature. (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. (3) 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 generally sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by local agencies for public works contracts. Existing law authorizes certain entities, including the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and specified local agencies, to use the design-build procurement process, as prescribed, for specified public works. This bill would authorize the Metropolitan Water District of Southern California to use the design-build procurement process for certain regional recycled water projects or other water infrastructure projects. The bill would define "design-build" to mean a project delivery process in which both the design and construction of a project are procured from a single entity. The bill would require the district to use a specified design-build procedure to assign contracts for the design and construction of a project, as defined. Existing law authorizes the Director of General Services to use the progressive design-build procurement process for certain public works projects. This bill would authorize the Metropolitan Water District of Southern California to use the progressive design-build procurement process for regional recycled water projects or other water infrastructure projects under specified conditions. The bill would define "progressive design-build" to mean a project delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. The bill would require a progressive design-build contract be awarded on a best value or qualifications basis or to the lowest responsible bidder. The bill would require the district, if using this process, to prepare and issue a request for qualifications in order to select a design-build entity based on certain factors. Existing law authorizes certain entities, including the Department of Transportation, the Department of Water Resources, regional transportation agencies, and the San Diego Association of Governments, to engage in a Construction Manager/General Contractor project delivery method (CM/GC method) for specified public work projects. This bill would authorize the Metropolitan Water District of Southern California to utilize the CM/GC method for regional recycled water projects or other water infrastructure projects under specified conditions. The bill would define the CM/GC method generally as a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project, whereby construction services may be entered into at the same time as the contract for preconstruction services or at a later time. The bill would require a CM/GC method contract be awarded on a best value or qualifications basis or to the lowest responsible bidder. The bill would specify the procedure for CM/GC projects, including, among other things, requiring the district to select a construction manager through a request for qualifications, as prescribed. The bill would permit the use of alternative project delivery methods on no more than 15 capital outlay projects. The bill would also prohibit a design-build entity, construction manager, or construction contractor from being awarded a construction contract unless it provides an enforceable commitment to the district that the design-build entity, construction manager, or construction contractor and its subcontractors at every tier will use a skilled and trained workforce to perform project work applicable to certain apprenticeable occupations in the building and construction trades, in accordance with existing law, and subject to certain exceptions. By expanding the application of the crime of perjury for a violation of certain certification and skilled and trained workforce requirements, the bill would impose a state-mandated local program. The bill would require the district to submit to the relevant committees of the Legislature, on or before January 1, 2027, a report containing a description of each public works project procured by the district through the progressive design-build process that is completed after January 1, 2023, and before December 1, 2026, and a report containing a description of each CM/GC project approved through the processes described in these provisions, specified. The bill would make its provisions pertaining to the progressive design-build and CM/GC methods effective only until January 1, 2028. The bill would provide that its provisions pertaining to design-build remain in effect in accordance with a related provision governing local agency design-build projects, which is repealed on January 1, 2025. Existing law generally requires the board, when work is not performed by a district itself by force account and the amount involved is $25,000 or more, to provide for the letting of contracts to the lowest responsible bidder, after publication of notices inviting bids, and subject to the right of the board to reject proposals. This bill would create an exception to those provisions for the alternative project delivery methods authorized by this bill. The bill would make legislative findings and declarations as to the necessity of a special statute for the geographic area served by the Metropolitan Water District of Southern California. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires school districts and county offices of education to be responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the schoolsite council of a school to write and develop the comprehensive school safety plan relevant to the needs and resources of that particular school, in consultation with a representative from a law enforcement agency, a fire department, and other first responder entities. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures that the charter school will follow to ensure the health and safety of pupils and staff, including requiring the development and annual update of a school safety plan that includes certain safety topics and procedures. This bill would establish the Emergency Planning Grant Program, under the administration of the State Department of Education, and would require the department, upon an appropriation by the Legislature, to award $1,000,000 in competitive grants to local educational agencies, as defined, to support emergency planning activities, including coordination with local emergency management systems and assessment of climate threats to the geographic area of the local educational agency. The bill would require the department, among other things, to prioritize grant awards for local educational agencies that face the greatest risk of, or have less capacity to prepare and respond to, climate threats without state assistance and to award grants by January 1, 2024. The bill would make these provisions inoperative on January 1, 2027.

This measure would proclaim the month of September 2022 as Prostate Cancer Awareness Month.

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.