Asm. Maggy Krell

Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court, under penalty of perjury, for vacatur relief. To receive that relief, existing law requires that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. Existing law requires the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal defect at the time of the arrest or conviction. Existing law requires a court that issues an order for relief pursuant to these provisions to also order any law enforcement agency having jurisdiction over the offense to seal and destroy their records of the offense. This bill would expand that relief to also be available for persons who were convicted of or arrested for any offense committed when they were under the age of 18 and while they were a victim of human trafficking. Because this bill would authorize more petitions to be filed under penalty of perjury, by expanding the scope of the crime of perjury, 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 requires a social media platform to take certain actions with respect to child sexual abuse material on the social media platform, including by requiring the social media platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the social media platform that the user reasonably believes meets certain criteria, including that the reported material is child sexual abuse material and that the reporting user is depicted in the material. Existing law also requires the social media platform to collect information reasonably sufficient to enable the social media platform to contact, as specified, a reporting user. This bill would delete the requirement for reporting material that the reporting user be depicted in the material, would require that the depicted individual be depicted as a minor, and would additionally require the mechanism to be clear and conspicuous. The bill would require a social media platform to ensure that any report submitted using the reporting mechanism is reviewed through a hash matching process and would require a social media company to ensure review by a natural person if there is not an established or known hash match to child sexual abuse material with respect to the reported material and the reported material is not otherwise blocked. Existing law makes a noncomplying social media company liable to a reporting user for actual damages and statutory damages, as specified. This bill would also impose a civil penalty on a noncomplying social media company to be collected in a civil action by certain public attorneys, including the Attorney General. The bill would make a social media company liable to a depicted individual, as defined, for specified violations. Existing law prohibits a social media platform from knowingly facilitating, aiding, or abetting commercial sexual exploitation, as defined, and exempts a social media platform from being deemed in violation of that prohibition if it instituted a specified audit program and provided to each member of its board of directors a true and correct copy of each audit, as prescribed. This bill would revise those provisions to, instead, require a social media platform to submit to third-party audits and release audit reports to the public in order to be exempt from being deemed in violation that prohibition, as prescribed. This bill would declare that its provisions are severable.

Existing law requires the Department of Human Resources to establish and adjust salary ranges for each class of position in the state civil service. This bill would require that the salaries of state attorneys and administrative law judges in State Bargaining Unit 2 be no less than the average salaries of public sector attorneys, as specified. The bill would require the Department of Human Resources to annually conduct a survey of salary structures by March 1 of each year, as specified, and determine the average salary of public sector attorneys for each attorney classification, including the minimum salaries for entry-level attorneys, intermediate classifications, and the most senior nonmanagerial attorneys, noninclusive of negotiated differentials. The bill would require that state administrative law judges have salaries not less than the maximum salary of state attorneys classified at a specified level. The bill would require the department to make a good faith offer of parity in salary with respect to public sector agency attorneys' and administrative law judges' salaries in any negotiations with the exclusive bargaining representative. The bill would provide that no state attorney or administrative law judge classification shall be reduced in salary as a result of these provisions. This bill would state that its provisions supersede any memorandum of understanding and shall become effective with respect to salary increases on March 1 of each year. It would provide that its implementation, except for the annual survey, is contingent upon the appropriation of funds in the annual Budget Act and that implementation shall be phased in over 3 fiscal years commencing on July 1, 2026. The bill would also provide that the superior court has exclusive jurisdiction over disputes arising under these provisions.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and 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, subject to any necessary federal approvals, sets forth various Medi-Cal provisions relating to complex rehabilitation technology (CRT) , which is a form of durable medical equipment, including, but not limited to, complex rehabilitation manual and power wheelchairs. Existing law requires a CRT provider to comply with certain standards, including with regard to CRT repairs. Existing law authorizes the department to adopt any utilization controls for CRT, as appropriate. This bill would prohibit the department from requiring prior authorization for the repair of a CRT-powered wheelchair if the cost of the repair does not exceed $1,250. Under the bill, a treatment authorization request for repair or replacement of a CRT-powered wheelchair would not require an individual prescription or documentation of medical necessity from the treating practitioner if the CRT-powered wheelchair has already been approved for use by the patient. For repair of a CRT-powered wheelchair, the bill would require the supplier to document and maintain records of the items being repaired, the reason for the repair, and the labor details, as specified, with the information being subject to a postpayment audit by the department. The bill would set forth other recording requirements for the supplier.

Existing law establishes the Department of Health Care Access and Information to oversee and administer various health programs. The California Constitution prohibits the state from denying or interfering with an individual's reproductive freedom in their most intimate decisions. Existing law establishes the California Reproductive Health Equity Program within the department to ensure abortion and contraception services are affordable for and accessible to all patients and to provide financial support for safety net providers of these services. This bill would, upon appropriation by the Legislature or the availability of funds from private sources, establish the Reproductive Health Emergency Preparedness Program (RHEPP) for the purpose of expanding and improving access to reproductive and sexual health care in emergency departments across California. The bill would require the department to award the grants and administer the RHEPP in collaboration with California-based organizations to serve as the technical assistance provider. The bill would require the department to establish minimum standards, funding schedules, and procedures for awarding grants and would specify the qualifications for the collaborating organizations. The bill would limit the permissible uses of grant funds under the program, as specified. The bill would repeal these provisions on January 1, 2030.

Existing law requires the State Board of Education to adopt statewide academically rigorous content standards in the core curriculum areas of reading, writing, mathematics, history/social science, and science, as specified. Existing law requires the Instructional Quality Commission to, among other things, recommend curriculum frameworks to the state board and develop criteria for evaluating instructional materials. This bill would require the state board to, on or before January 1, 2028, develop and adopt academically rigorous content standards for ethnic studies instruction in high school. The bill would require the commission, on or before January 1, 2028, to review and recommend to the state board curriculum frameworks and instructional materials for ethnic studies instruction in high school, as specified. The bill would require the state board to provide the commission with evaluation criteria to use in providing its review and recommendations. The bill would state the intent of the Legislature to enact subsequent legislation to establish an advisory committee with a majority of the advisory committee's members being experts in African American studies, Asian American and Pacific Islander studies, Native American studies, and Latino and Chicanx studies, to provide input to the state board on proposed content standards and to the commission on proposed curriculum frameworks and instructional materials for ethnic studies instruction in high school. Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, commencing for pupils graduating in the 2029–30 school year, the completion of a one-semester course in ethnic studies meeting specified requirements. Under existing law, the requirement to complete an ethnic studies course may be fulfilled by the completion of, among others, a course based on the model curriculum developed by the Instructional Quality Commission, an ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University, or a locally developed ethnic studies course approved by the governing board of a school district or the governing body of a charter school. Existing law requires the curriculum, instruction, and instructional materials for these ethnic studies courses to meet specified requirements, including that they not reflect or promote any bias, bigotry, or discrimination against any person or group of persons on the basis of certain characteristics. Existing law makes these provisions relating to ethnic studies courses operative only upon an appropriation of funds by the Legislature for purposes of these provisions. This bill would require the curriculum, instruction, and instructional materials for any high school ethnic studies course, including ethnic studies courses meeting high school graduation requirements, to meet the above-described requirements, and would require the curriculum, instruction, and instructional materials for all high school ethnic studies courses to additionally, among other things, foster multicultural respect and understanding and focus on the domestic experience and stories of historically marginalized peoples in American society. To the extent that the bill would impose new duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require a school district, county office of education, or charter school to provide, on or before June 30, 2026, the State Department of Education with a copy of all curricula, instruction, and instructional materials in ethnic studies that schools offer or plan to offer to pupils in any of grades 9 to 12, inclusive, and the adoption calendar for curricula, instruction, and instructional materials in ethnic studies proposed for adoption by the governing board or body of the local educational agency for instruction to these pupils. The bill would require a local educational agency that does not have an ethnic studies course in place for its pupils in any of grades 9 to 12, inclusive, on or before June 30, 2026, to provide the department with a copy of all curricula, instruction, and instructional materials in ethnic studies that its schools seek to adopt at least 60 days before being first presented at a public meeting of the governing board or body of the local educational agency for instruction to these pupils. The bill would require the department to post the information received pursuant to these requirements on its internet website. To the extent that the bill would impose new duties on local educational agencies, it would impose a state-mandated local program. The bill would require the department to monitor compliance with the requirements of this bill as part of its annual compliance monitoring of state and federal programs and to provide a report to the relevant policy and fiscal committees of the Legislature summarizing the data collected through compliance monitoring, as specified. 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.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law exempts from CEQA a rezoning that implements the schedule of actions contained in an approved housing element, as specified, except, among other things, a rezoning that would allow for the construction of a distribution center or for oil and gas infrastructure. This bill would instead exempt a rezoning to the extent that it is necessary to implement a schedule of actions contained in an approved housing element, except, among other things, a rezoning that would allow for the construction of a distribution center, for a tourism facility, as defined, or for oil and gas infrastructure. Existing law, for a proposed housing development project, as defined, that would otherwise be exempt from CEQA pursuant to a statutory exemption or specified categorical exemptions, but for a single condition, limits the application of CEQA to the effects upon the environment that are caused by that single condition, except as provided. This bill, for purposes of those provisions, would modify the definition of housing development project to exclude a project that has any portion of the project designated for use as a tourism facility, as defined. To the extent that this would create new duties for a lead agency, this bill would impose a state-mandated local program. Existing law exempts specified projects from CEQA, including a project that consists exclusively of a facility for advanced manufacturing, as defined, if the project is located on a site zoned exclusively for industrial uses. Existing law excludes projects located on natural and protected lands, as defined, from these exemptions, as provided. Existing law includes in the definition of natural and protected lands, lands protected as preserve areas or reserve lands pursuant to an adopted natural community conservation plan or habitat conservation plan, as specified. This bill would instead include, for that portion of the definition of natural and protected lands, lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan, as specified. The bill would also expand the definition of natural and protected lands to include habitat for protected species, as specified, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act. The bill would eliminate the exemption from CEQA for advanced manufacturing projects. The bill would instead exempt from CEQA, until January 1, 2030, a project that consists exclusively of a facility for semiconductor manufacturing if the project is located on a site that was zoned exclusively for heavy industrial use on or before August 1, 2025, and meets specified criteria, including, among other things, that the project does not involve the storage, use, or discharge of extremely hazardous gases or chemicals above California's accidental release program reporting thresholds, the project applicant demonstrates high road employment standards and certifies to the lead agency that it will maintain those standards in the development, construction, and operation of the facility, and the project applicant has provided a legally binding commitment to comply with specified labor-related requirements with respect to the initial construction of the facility and subsequent maintenance that is contracted out to a contractor in the construction industry, as specified. Because a lead agency would be required to determine the applicability of this exemption, the bill would impose a state-mandated local program. The bill would require the State Energy Resources Conservation and Development Commission to develop and make available to lead agencies guidelines for evaluating whether a project applicant demonstrates high road employment standards. The bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2029, to report to the Legislature on projects that were exempted from CEQA pursuant to the above exemption, as provided, and require the report to include a list of the projects for semiconductor manufacturing facilities that have been approved for development in the state, as specified. CEQA requires in an action or proceeding to attack, review, set aside, void, or annul certain acts or decisions of a public agency to be commenced according to a specified process and requires the record of proceedings to contain specified information, including all internal agency communications, except as specified. Existing law provides that for those projects that do not include a distribution center or oil and gas infrastructure, internal agency communication does not include staff notes and electronic internal agency communications, including emails, that were not presented to the final decisionmaking body, other than those communications and documents consulted, or reviewed by the lead agency executive or a local agency executive, as provided, thereby limiting what the record of proceeding is required to contain for these projects. This bill would eliminate the above-described limitation on internal agency communication required to be included in the record of proceedings for those projects that do not include a distribution center or oil and gas infrastructure, thereby requiring additional information to be included in the record of proceeding. By imposing new duties on a lead agency in order to comply with this provision, the bill would create 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 establishes the Tobacco Education and Research Oversight Committee (TEROC) to advise the State Department of Public Health and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs funded under specified provisions. This bill would require TEROC to develop and oversee a statewide community education plan to translate, disseminate, and apply research findings from the Tobacco-Related Disease Research Program related to teenage vaping and nicotine cessation. The bill would require TEROC to develop a plan to identify and share best practices on effective, developmentally appropriate nicotine cessation strategies for youth, as specified. The bill would also require the State Department of Public Health to establish a pilot program in the County of Los Angeles, the County of Sacramento, and the County of Santa Clara to, among other things, implement targeted intervention programs for youth under 21 years of age who are addicted to nicotine and to prioritize developmentally appropriate cessation strategies over traditional nicotine replacement therapies.

Maddy summaryThis bill establishes January as National Human Trafficking Awareness Month in California to raise public awareness about human trafficking. The resolution recognizes the severity of human trafficking as a felony crime and highlights statistics showing its prevalence across the country and specific challenges with identifying male victims and labor trafficking cases. It aims to educate the public and encourage reporting and support for victims during this designated month.

Existing law establishes a workers' compensation system, which generally requires employers to secure the payment of workers' compensation for injuries incurred by their employees that arise out of and in the course of their employment. Existing law entitles, among others, local law enforcement and probation officers and firefighters employed on a regular full-time basis to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties. Existing law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers' compensation system. This bill would expand these provisions to entitle specified peace officers who are employed on a regular, full-time basis by a county of the eighth class, as defined, to this leave of absence.