Asm. Cristina Garcia

Existing law requires employers to provide a reasonable amount of break time to employees desiring to express milk for the employee's infant child. Existing law also requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a toilet stall, in close proximity to the employees' work area, for the employee to express milk in private. Existing law exempts an employer from the break time requirement if the employer's operations would be seriously disrupted by providing that time to employees desiring to express milk. Existing law subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations. Existing law prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period. Existing law requires an employer to pay the employee one additional hour of pay, at the employee's regular rate of compensation, for each rest period not provided. This bill would require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified. The bill would also require an employer to maintain records of requests for lactation accommodation for 3 years and to give the Labor Commission access to those records. The bill would provide that specified employers could seek an exemption from any of the requirements of these provisions if the employer could show that the requirement posed an undue hardship based on specified criteria. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish specific additional remedies. The bill would require the Division of Labor Standards Enforcement to create a model lactation accommodation request form and to make it available for download from its Internet Web site by employees and employers. The bill would authorize the division to establish a model lactation accommodation policy and lactation accommodation best practices to provide guidance to employers.

Existing federal law, the federal Fair Housing Act, requires, among other things, certain federal executive departments and agencies to administer their programs relating to housing and urban development in a manner affirmatively to further the purposes of the federal act. Existing federal law requires specified state and local agencies that contract with, or receive funding from, specified federal agencies to certify that they will affirmatively further fair housing by completing an assessment of fair housing and submitting that assessment to the United States Department of Housing and Urban Development. Existing law, the California Fair Employment and Housing Act, generally prohibits housing discrimination with respect to the personal characteristics of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information. Existing law also prohibits the discrimination through public or private land use practices, decisions, and authorizations because of one of those personal characteristics. Existing law establishes the Department of Fair Employment and Housing in the Business, Consumer Services, and Housing Agency, with the powers and duties to, among other things, receive, investigate, and conciliate complaints relating to housing discrimination. Existing law requires the Director of Fair Employment and Housing to investigate verified complaints that allege a violation of the act, subject to certain procedures and requirements, and requires the director, if attempts at mediation or other forms of dispute resolution do not eliminate a violation of the act, to file a civil action on behalf of the aggrieved person, as provided. This bill would require a public agency, as defined, to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and to not take any action that is materially inconsistent with this obligation, as provided. The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element that is required to contain specified information and analysis, including a program setting forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element, as provided. The bill would require the above-described program for achieving the goals and objectives of the housing element to affirmatively further fair housing pursuant to provisions added by this bill, and for revisions to the housing element that occur on and after January 1, 2021, would require the program to include an assessment of fair housing within the jurisdiction, as specified. Existing law requires the housing element to include an inventory of land suitable and available for development and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would require the inventory to be used to identify sites throughout the community, consistent with the provisions requiring the above-described program, within the housing element to affirmatively further fair housing. By increasing the duties of local 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 2162 to be operative only if this bill and AB 2162 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by SB 1078 to be operative only if this bill and SB 1078 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 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 authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law requires, if the defendant has performed satisfactorily in diversion, that the court dismiss the defendant's criminal charges, with a record filed with the Department of Justice indicating the disposition of the case diverted, that the arrest is deemed never to have occurred, and requires the court to order access to the record of the arrest restricted, except as specified. This bill would make defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. The bill would authorize a court to require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion, as specified. The bill would also require the court, upon request, to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion. The bill would provide that a defendant's inability to pay restitution due to indigence or mental disorder would not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. The bill would also make technical changes.

Existing law requires the State Water Resources Control Board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. This bill would, on or before December 1, 2022, require the state board, in consultation with the California Building Standards Commission and the Department of Housing and Community Development, to adopt regulations for risk-based water quality standards for the onsite treatment and reuse of nonpotable water, as provided. The bill would authorize the state board to contract with public or private entities regarding the content of the standards. The bill would require a local jurisdiction, as defined, that elects to establish a program for onsite treated nonpotable water systems to, among other things, adopt, through ordinance, a local program that includes the risk-based water quality standards established by the state board. The bill would, on or before December 1, 2023, require the department, in consultation with the state board, to develop and propose for adoption any necessary corresponding building standards to support the risk-based water quality standards established by the state board. The bill would prohibit an onsite treated nonpotable water system from being installed except under a program established by a local jurisdiction in compliance with the bill's provisions.

Existing law provides for the protection, enhancement, and restoration of rivers in this state. Existing law establishes the Santa Monica Mountains Conservancy and prescribes the membership, functions, and duties of the conservancy with regard to the acquisition, preservation, and improvement of real property within the Santa Monica Mountains zone, as defined. Existing law establishes within the conservancy the Upper Los Angeles River and Tributaries Working Group and requires, by March 1, 2019, the working group to develop, through watershed-based planning methods and community engagement, a revitalization plan for the Upper Los Angeles River, the tributaries of the Pacoima Wash, Tujunga Wash, and Verdugo Wash, and any additional tributary waterway that the working group determines to be necessary. Existing law requires the revitalization plan to address the unique and diverse needs of the Upper Los Angeles River, Pacoima Wash, Tujunga Wash, and Verdugo Wash, and the communities through which they pass, and to include watershed education programs. This bill would specify the Arroyo Seco as a waterway for the working group to include in the revitalization plan and watershed education programs. The bill would authorize the working group to include representatives from the Cities of La Cañada Flintridge, Pasadena, and South Pasadena. The bill would authorize a representative appointed to the working group to designate an alternate in his or her place. The bill would instead require the revitalization plan to be developed on or before June 30, 2020, and the conservancy to provide a copy of the plan to certain legislative committees by that date. Existing law requires the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy and the Santa Monica Mountains Conservancy to collaborate with the Department of Parks and Recreation, the California Conservation Corps, and the State Lands Commission to develop a river ranger program, as prescribed. Existing law requires the conservancies, no later than June 30, 2018, to develop a plan for the design and implementation of the program and to provide a copy of the plan to certain legislative committees by that date. This bill would instead require the plan to be developed and a copy to be provided to the legislative committees by March 30, 2019. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health, with specified exceptions. A violation of those provisions is a crime. Existing law authorizes a person who is licensed under those provisions to perform certain laboratory tests. This bill, until January 1, 2021, would authorize a person with specified qualifications to perform a total protein test using a digital refractometer in a licensed plasma collection center in this state if specified circumstances are met, as determined by the department, including that the person meets certain education and training requirements. The bill would require the digital refractometer used to perform a total protein test pursuant to these provisions to meet specific criteria, including that it be used within 30 feet of the donor for whom the test is being conducted. The bill would require a participating licensed plasma collection center to make specified information available to the department. The bill would exempt the information obtained pursuant to these provisions from the California Public Records Act. Because a violation of those provisions would be a crime, the bill would impose a state-mandated local program. 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. 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 governs the procedure by which crime victims may obtain compensation from the Restitution Fund, a continuously appropriated fund. Existing law establishes eligibility for compensation when prescribed requirements are met and authorizes the California Victim Compensation Board to grant compensation from the fund for pecuniary loss when the board determines it will best aid the person seeking compensation. Existing law authorizes the board to provide compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim's or derivative victim's injury or the victim's death. Under existing law, as amended by Proposition 35, the Californians Against Sexual Exploitation Act, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violates another person's personal liberty with the intent to obtain forced labor or services or who deprives or violates another person's personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. This bill would authorize the board to provide compensation equal to loss of income or support that a victim incurs as a direct result of the victim's deprivation of liberty during the crime, if the qualifying crime is human trafficking, in an amount not exceeding the value of the victim's labor as guaranteed under California law for up to 40 hours per week, as specified. The bill would require the board to adopt guidelines on or before July 1, 2019, that allow the board to rely on evidence other than official employment documentation in considering and approving an application for loss of income or support, including any reliable corroborating information approved by the board. The bill would prohibit compensation for loss of income paid by the board if the qualifying crime is human trafficking from exceeding $10,000 per year that the services were performed, for a maximum of 2 years. By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 1865, AB 1939, and SB 1005 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.

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 authorizes the department to enter contracts with managed care plans to provide Medi-Cal services. Under existing law, Medi-Cal covers early and periodic screening, diagnosis, and treatment for individuals under 21 years of age, consistent with federal law. Existing law requires the State Department of Public Health to adopt regulations establishing a standard of care under which a child is evaluated for risk of lead poisoning by health care providers during the child's periodic health assessment. This bill would require the State Department of Health Care Services to ensure that a child enrolled in Medi-Cal receives blood lead screening tests at 12 and 24 months of age, or at any time at which the child is identified as having a high risk of lead exposure, as described by the State Department of Public Health, and that a child 2 to 6 years of age, inclusive, receives a blood lead screening test if there is no record of a previous test for that child. The bill would require the department to report its progress toward blood lead screening tests for all enrolled children, as specified, in its annual External Accountability Set as part of the annual external quality review organization review, and annually on its Internet Web site, to ensure Medi-Cal managed care plans make certain each enrolled child receives required blood lead screening tests, and to ensure Medi-Cal managed care plans require health care providers to test enrolled children, as specified. The bill would further require the department to ensure a Medi-Cal managed care plan notifies a child's parent, parents, guardian, or other person charged with his or her support and maintenance, and the child's health care provider, with specified information, including when a child has missed a required blood lead screening test, as specified. The bill would require a contract between the department and a Medi-Cal managed care plan to ensure the plan and its contractors meet the standard of care for early and periodic screening when providing lead testing. This bill would require the State Department of Public Health to prepare provider training guidelines, curriculum, and resources to educate providers about childhood lead poisoning prevention, exposure risks, exposure health effects, and sources of exposure. The bill would require the State Department of Health Care Services to ensure a Medi-Cal managed care plan notifies and educates a contracted health care provider that, for 2 consecutive 12-month periods, fails to blood lead test at least 80% of the enrolled children, as specified, and to ensure that education reflects the training guidelines, curriculum, and resources developed by the State Department of Public Health. The bill would provide that it is the goal of the state that all children at risk of lead exposure receive blood lead screening tests. The bill would also make findings and declarations.

Existing law, the Childhood Lead Poisoning Prevention Act of 1991, establishes the Childhood Lead Poisoning Prevention Program (Program) , which is administered by the State Department of Public Health. Existing law requires the department to adopt regulations establishing a standard of care at least as stringent as the most recent United States Centers for Disease Control and Prevention screening guidelines. Existing law provides that the standard of care shall require a child who is determined to be at risk for lead poisoning to be screened. Existing regulations require every health care provider who performs a periodic health assessment of a child to order a child who receives services from a publicly funded program for low-income children to be screened for lead poisoning. Existing law requires the department to collect and analyze all information necessary to effectively monitor appropriate case management efforts, prepare a biennial report on this material, and disseminate the report to local health departments and the general public. This bill would make it a goal of the state that all children at risk of lead exposure receive blood lead screening tests, and would require the department to take action, and to require local agencies to take action, necessary to ensure these goals are met. By requiring local agencies to take action to meet these goals, this bill would impose a state-mandated local program. The bill would require the department to notify health care providers who perform periodic health assessments for children about, and would require those health care providers to inform parents and guardians about, the childhood lead exposure and blood lead screening tests, as specified. The bill would require the department to report on additional content, including the total number of children enrolled in Medi-Cal and who have secured blood lead screening tests. The bill would specify that any material in the report comply with state and federal privacy laws. The bill would require the department to prominently post the biennial report on the Internet Web site. The bill would require the department to collaborate with the State Department of Health Care Services to collect and analyze information related to children enrolled in Medi-Cal. Existing law requires the department to, by March 1, 2019, and by March 1 of each year thereafter, prepare and prominently post on its Internet Web site information that evaluates the department's progress in meeting the program goals. This bill would require the information to include the biennial report. This bill would incorporate additional changes to Section 105295 of the Health and Safety Code proposed by SB 1097 to be operative only if this bill and SB 1097 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, 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.