Rep. José Solache

Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. Existing law requires the state prosecutor to investigate incidents involving a shooting by a peace officer resulting in the death of an unarmed civilian. Existing law authorizes the state prosecutor to criminally prosecute any officer that, pursuant to an investigation, is found to have violated state law. Existing law provides that the Attorney General is the state prosecutor unless otherwise specified or named. This bill would require the state prosecutor to conduct an independent, transparent, and thorough investigation into incidents of an immigration enforcement officer-involved shooting resulting in the death of an unarmed civilian. The bill would authorize the state prosecutor to criminally prosecute an immigration enforcement officer that, pursuant to an investigation, is found to have violated state law. The bill would require the state prosecutor to post and maintain on a public internet website each written report, as specified. The bill provides that the Attorney General is the state prosecutor unless otherwise specified or named. This bill would provide that the provisions of this bill are severable.

Existing law appropriates $10,000,000 from the General Fund for the 2021–22 fiscal year to the Superintendent of Public Instruction to administer the Dual Language Immersion Grant Program for the purpose of expanding access to quality dual language learning and fostering languages that English learners bring to California's education system. Under that program, the State Department of Education is required to award a minimum of 25 one-time Dual Language Immersion Grants over a period of 3 fiscal years of up to $380,000 per grant to an eligible entity to expand or establish dual language immersion programs. This bill would require, upon appropriation by the Legislature, the department, on or before July 1, 2027, to establish a Dual Language Immersion Coordinator to provide coordination between local educational agencies, as defined, to share resources and knowledge on dual language immersion programs, as defined. The bill would require the Dual Language Immersion Coordinator to (1) act as the point of contact within the department for local educational agencies seeking to, among other things, establish new or expand existing dual language immersion programs, and (2) establish, publish, and maintain on the department's internet website, on or before January 1, 2028, a directory of operative dual language immersion programs, as specified. To the extent the bill would impose additional duties on local educational agencies relating to the establishment and maintenance of the directory, 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.

The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, require school districts maintaining an elementary or secondary school to adopt a school accountability report card for each school. The act also requires, by statute, the governing boards of school districts maintaining an elementary or secondary school to annually issue a school accountability report card that includes certain information for each school in the school district, publicize those reports, and notify parents and guardians of pupils that a hard copy of those reports is available upon request, as specified. Existing law requires the State Department of Education, in collaboration with, and subject to the approval of, the executive director of the State Board of Education, to develop and maintain the California School Dashboard, a web-based system for publicly reporting performance data on the state and local indicators included in evaluation rubrics. This bill would require the department, on or before August 31, 2027, to provide a report to the Legislature that identifies duplication between the data contained in the school accountability report card and other publicly available data sources, as provided. Existing law requires a local educational agency to develop annually a summary document known as the local control funding formula budget overview for parents. Existing law requires, before the governing board or body of a local educational agency considers the adoption of a local control and accountability plan (LCAP) or an annual update to the LCAP, certain things to occur, including that the superintendent of the school district, the county superintendent of schools, or the charter school present a report on the annual update to the LCAP and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board or body of the local educational agency, as specified. This bill would eliminate the February 28 deadline for the presentation of the above-described report on the annual update to the LCAP and the local control funding formula budget overview. Under existing law, each school district and county office of education is 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, in consultation with certain local entities. Existing law requires each school to annually review and update its comprehensive school safety plan, and to report each July on the status of its school safety plan, including a description of its key elements in the annual school accountability report card, as provided. This bill would repeal the requirement that each school annually report on the status of its school safety plan. Existing law requires the department to exercise general supervision over the courses of physical education in the elementary and secondary schools of the state, advise officials, school boards, and teachers in the development and improvement of their physical education and activity programs, and investigate the work in physical education in the public schools. Existing law requires the department to ensure that the data collected through the categorical program monitoring indicates the extent to which each school within the jurisdiction of a school district or county office of education provides, among other things, for inclusion of the results of physical testing of pupils in the school accountability report card, as provided. This bill would repeal the above-described requirement that the results of physical testing of pupils be included in the school accountability report card. Existing law requires the governing board of each school district maintaining any of grades 5, 7, or 9, during the month of February, March, April, or May, to administer to each pupil in those grades the physical performance test designated by the state board and report the aggregate results of this physical performance testing in its annual school accountability report card. This bill would repeal this reporting requirement.

Existing law includes various provisions limiting how state and local entities may use their resources for immigration enforcement purposes. This bill would prohibit the use of state-owned property for purposes of immigration enforcement, as specified. In this regard, the bill would prohibit, among other uses, staging, assembling, mobilizing, or deploying vehicles, equipment, or personnel for immigration enforcement purposes. The bill would require the Department of General Services and state agencies to work together to identify state-owned property previously or likely to be used for immigration enforcement purposes. The bill would require state agencies to post signage at those properties regarding the prohibition and to use physical barriers limiting access, as provided. The bill would require state agencies to develop procedures to ensure that an attempted or actual use of state-owned property for immigration enforcement purposes is documented in writing, that the documentation includes any photographic or video evidence, and that the Attorney General's office or the Attorney General's designee is notified. The bill would direct state agencies to make educational materials available regarding the rights of employees, tenants, and security staff if federal agents enter state-owned property. The bill would further require the Attorney General's office to design standardized signage and to make the signage available to download free of charge on the Attorney General's internet website.

Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law authorizes local governments to enact ordinances or regulations that make building standards amendments to the California Building Standards Code, as specified. Existing law establishes a streamlined approval process for a local permit for a tenant improvement related to a restaurant, as defined. This bill would establish a similar streamlined approval process for a local permit for a tenant improvement relating to a retailer, as defined. In this regard, the bill would require a local building department, upon the request and at the expense of the permit applicant, to allow a qualified professional certifier, defined as a licensed architect or engineer who meets certain requirements, to certify that the plans and specifications of the tenant improvement comply with all applicable building, health, and safety codes, as specified, unless otherwise provided by specified provisions. The bill would require a qualified professional certifier, or the applicant, as applicable, to prepare certain affidavits related to the tenant improvement under penalty of perjury. The bill would require the local building department to approve or deny the permit application within 20 business days of receiving a complete application. The bill would also authorize the applicant to resubmit corrected plans addressing the deficiencies identified in the initial denial, would limit the local building department's review of each subsequent resubmission to the deficiencies identified in the initial denial, and would require the local building department to approve or deny each subsequent resubmission within 10 business days of receipt. The bill would require each local building department to conduct audits of tenant improvements submitted for certification, as specified. The bill would authorize a city or county to adopt additional qualifications or requirements for qualified professional certifiers, including penalties or reasonable administrative fines for certain actions. The bill would make qualified professional certifiers liable for any damages arising from negligent plan review. The bill would also require the applicant to indemnify the local agency from any property damage or personal injury arising from construction permitted under the above-described provisions. The bill would further require the use of a qualified professional certifier to be temporary in cases in which there is an excessive delay, as defined. Existing law establishes the California Architects Board and the Board for Professional Engineers, Land Surveyors, and Geologists to administer the licensure and regulation of architects and engineers, respectively. Existing law specifies grounds for disciplinary action by the boards. This bill would deem making a false statement in a certification described above to be grounds for disciplinary action against a licensee who serves as a qualified professional certifier. Existing law, the Government Claims Act, establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the act makes the public entity liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty. This bill, notwithstanding the above-described liability of a public entity for failure to discharge certain mandatory duties, would provide that a public entity or public employee is not liable for an injury caused by their discretionary or ministerial acts or omissions relating to the issuance or denial of a permit pursuant to the bill's provisions. Existing law, 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 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 does not apply to the approval of ministerial projects. To the extent that the streamlined, ministerial review processes established by the bill would apply to final, discretionary approval of a tenant improvement, the bill would exempt those projects from CEQA. This bill would also make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to the review and approval of tenant improvements for retailers, and by expanding the scope of various crimes related to these provisions, 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 specified reasons.

Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of a person, when the person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. Existing law grants persons involuntarily detained in state hospitals as a result of developmental or mental health disabilities specified rights, including a right to dignity, privacy, and humane care, to be free from harm, to religious freedom and practice, and to physical exercise and recreational opportunities. This bill, the Civil Detainees' Bill of Rights Act of 2026, would clarify that all persons housed or detained for purposes of civil immigration proceedings in California at any state, county, local, or private locked detention facility, including any county, local, or private locked detention facility in which an individual is housed or detained on behalf of, or pursuant to a contract with, the federal Office of Refugee Resettlement or the United States Immigration and Customs Enforcement, have the legal rights and responsibilities guaranteed all other persons by the United States Constitution and federal law and the California Constitution and state law, unless specifically limited by federal or state law or regulations. The bill would grant persons housed or detained for the purposes of civil immigration proceedings in California certain rights, including a right to dignity, privacy, and humane care, a right to clean facilities and living quarters, and a right to safe and healthy food. The bill would reaffirm the intent of the Legislature that individuals housed or detained as a result of developmental or mental health disabilities have the rights described above. The bill would require the rights of individuals involuntarily housed as a result of developmental or mental health disabilities or civilly detained in California to be observed and protected by the operator of any facility in California in which the individuals are housed or civilly detained. The bill would authorize the Attorney General to bring a civil action for injunctive and other relief in order to protect any of the above-described rights, and would additionally authorize the Attorney General to seek a civil penalty not to exceed $2,500 for each violation. The bill would require all necessary access for the observations necessary to ensure compliance with the above-described requirements to be provided to the Attorney General. The bill would make related findings and declarations. The bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as 2 of the 3 segments of public postsecondary education in the state. This bill, commencing with the 2027–28 academic year, would require the California State University, and would request the University of California, to adopt a plan to increase the number of students participating in exchange programs with Mexican public universities, as provided. The bill would require these provisions to become operative only upon an appropriation of funds for its purposes.

Existing law vests the Department of Transportation with full possession and control of all state highways and all property and rights on property acquired for state highway purposes. Various provisions of existing law specifically provide for the acquisition, transfer, and use of property owned by the department. This bill would, with respect to a parcel that the department transferred to the City of Lynwood, require the department, upon request from the city, to develop and enter into an agreement with the city to release and remove a deed restriction imposed on that parcel if the city agrees to transfer the deed restriction to another specified parcel and other certain other requirements are met. If the city and department enter into this agreement, the bill would require the city to submit reports to the Legislature, and specified committees of the Legislature, at prescribed intervals on the use of this authority to develop those parcels. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Lynwood.

The California Constitution confers the right to vote on a United States citizen who is 18 years of age and a resident of this state, except as specified. The California Constitution requires candidates for congressional and state elective offices in California to be selected via a voter-nominated primary election at which all voters may vote for any candidate without regard to the political party preference disclosed by the candidate or the voter. The top two vote-getters at a voter-nominated primary election for a congressional or state elective office, regardless of party preference, are nominated to compete in the ensuing general election. The California Constitution requires the Legislature to provide for partisan elections for presidential candidates, and political party and party central committees, including an open presidential primary whereby the candidates on the ballot are those found by the Secretary of State to be recognized candidates throughout the nation or throughout California for the office of President of the United States. This measure would prohibit an eligible voter from being excluded from meaningful participation at any integral stage of any publicly funded election, including a primary election, on any basis, including political party preference.

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 through various delivery systems, including fee-for-service and managed care. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services for older individuals under the state's Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations. Existing law requires the department to pay capitation rates to health plans participating in the Medi-Cal managed care program using actuarial methods. Existing law requires the department to develop and pay capitation rates to entities contracted pursuant to the PACE program, using actuarial methods consistent with those provisions, with specified exceptions. Existing law requires the department to consult with those contracted entities in developing a rate methodology. This bill would require the department to notify the contracting PACE organization of the proposed rates at least 60 days prior to submission to the federal Centers for Medicare and Medicaid Services (CMS) for approval. The bill would authorize the department to define a reasonable date by which the PACE organization must submit written questions or feedback concerning the proposed rates. The bill would require the department to respond in writing to those questions or feedback by no later than 30 days prior to submitting the rates to CMS.