Asm. Al Muratsuchi

(1) Existing law requires the State Department of Public Health to license, inspect, and regulate intermediate care facilities (ICF) and skilled nursing facilities (SNF) . Existing law generally requires an ICF or SNF to comply with certain procedures and disclosures when transferring ownership or management of the facility, as specified. Existing law imposes criminal penalties on a person who violates the requirements imposed on these facilities. This bill, until July 1, 2022, would prohibit an ICF or SNF, as defined, from terminating or making significant quality-of-care changes to its skilled nursing or supportive care services, or from transferring a resident to another ICF or SNF, during any declared state of emergency relating to the coronavirus disease 2019 (COVID-19) , except if the owner files a bankruptcy petition. Besides the exception of a bankruptcy petition, the bill would authorize a resident transfer during the state of emergency only if the transfer is deemed medically necessary by a public health authority, as specified, or the impacted resident or their representative provides written consent, as specified. The bill would also prohibit, during the same type of state of emergency or until July 1, 2022, any changes in all conditions for the sale of assets imposed by the Attorney General, except if the owner of an ICF or SNF files a bankruptcy petition. During the same type of state of emergency or until July 1, 2022, if a resident of an ICF or SNF, or an individual temporarily transferred to an ICF or SNF, has tested positive for COVID-19 within the previous 14 calendar days, the bill would require the ICF or SNF to notify all residents and their representatives about the existence of a new case of COVID-19, as specified, subject to state and federal privacy laws. The bill, for 6 months after termination of the same type of state of emergency or until January 1, 2023, would require the owner of an ICF or SNF to issue a 90-day advance notice of any proposed sale or termination of the licensed operation of the facility to each resident and their representatives before the sale or termination goes into effect. By expanding the requirements and prohibitions imposed on a licensee of an ICF or SNF, and thereby expanding the scope of a crime, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law governs the bidding and awarding of public contracts by various state agencies. Existing law imposes requirements on contractors awarded various public contracts, including, among others, certifying that no equipment, materials, supplies, apparel, garments, or accessories provided under specified contracts are produced by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor, or exploitation of children in sweatshop labor. This bill would establish the California Deforestation-Free Procurement Act. The bill would require a contractor, as defined, and specified subcontractors, for any contract entered into, extended, or renewed on or after January 1, 2024, contracting with a state agency for the procurement of products comprised wholly or in part of forest-risk commodities to certify that the commodities were not grown, derived, harvested, reared, or produced on land where tropical deforestation occurred on or after January 1, 2022. The bill would exempt a credit card purchase of goods of $2,500 or less, not to exceed a total of $7,500 of goods per contractor per year, from these certification requirements. The bill would require specified contractors to have a No Deforestation, No Peat, No Exploitation policy, as specified, and would require the contractors to make the policy and corresponding data publicly available. The bill would require, on or before July 1, 2023, the Department of General Services to issue an informational notice or memorandum on a Deforestation-Free Code of Conduct to be used by contractors that includes, among other things, a list of forest-risk commodities subject to these provisions. This bill would impose sanctions on contractors who knew or should have known that a product furnished to the state was comprised wholly or in part of a forest-risk commodity in violation of these provisions. The bill would specify that any person who certifies as true any material matter that the person knows to be false is guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. The State Contract Act governs the bidding and award of public works contracts by specific state agencies and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans, specifications, and estimates of cost. The act prohibits, except in specified circumstances, a state agency responsible for letting public works contracts from drafting bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances. This bill would prohibit a state agency from including in bid specifications for public works projects any wood or wood products whose importation and use are prohibited under the federal Lacey Act. 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 creates and establishes a 9-member Scientific Review Panel on Toxic Air Contaminants to advise the State Air Resources Board and the Department of Pesticide Regulation in their evaluation of the health effects toxicity of toxic air contaminants and pesticides and prescribes the manner in which the members shall be appointed. This bill would make nonsubstantive changes to these provisions.

Existing law establishes the California Environmental Protection Agency, under the supervision of the Secretary for Environmental Protection, consisting of various departments, boards, and offices, and vests the agency with authority over various environmental matters. This bill would establish, until January 1, 2027, the Southern Los Angeles Ocean Chemical Waste Community Oversight Council as a state agency within the California Environmental Protection Agency to oversee the study and mitigation of the negative impacts of anthropogenic chemical waste deposits at or from the waters of the San Pedro Basin, off the coast of Los Angeles, where chemical waste, including, but not limited to, DDT, as defined, has been detected, defined as "Dumpsite-2." The bill would prescribe requirements relating to the composition and administration of the council and would require that the council consist of 11 voting members and no more than 9 nonvoting members. The bill would require the voting members of the council to establish and elect officers, as provided, and would require the Secretary for Environmental Protection to select an executive director of the council, as provided. This bill would require the council to hold at least one public meeting every 6 months, with the first meeting occurring on or before September 1, 2023, to review and provide feedback on proposed scientific studies and mitigation strategies related to Dumpsite-2, review completed scientific studies related to Dumpsite-2 to assess the implications of the studies on current and future mitigation efforts, and review and assess the implications of existing laws, regulations, and policies related to DDT on current and future mitigation efforts. The bill would require the council, on or before June 20, 2024, and on or before June 30 of each year thereafter, to report to the Governor and the Legislature with recommendations on how to further mitigate the negative impacts of anthropogenic chemical waste deposits at or from Dumpsite-2, considering the impacts of proposed mitigation efforts on the environment, local communities, Indigenous cultures, and public health, and the impacts of no action, as provided.

Existing law creates a city selection committee in each county that consists of 2 or more incorporated cities for the purpose of appointing city representatives to boards, commissions, and agencies. Under existing law, a quorum for a city selection committee requires a majority of the number of the incorporated cities within the county entitled to representation on the city selection committee. Existing law requires a city selection committee meeting to be postponed or adjourned to a subsequent time and place whenever a quorum is not present at the meeting. This bill, for the city selection committee in the County of Los Angeles, would reduce the quorum requirement to 13 of all member cities within the county for a meeting that was postponed to a subsequent time and place because a quorum was not present, as long as the agenda is limited to items that appeared on the immediately preceding agenda where a quorum was not established. Existing law requires a city selection committee to conduct regular meetings at the times specified by the committee in its rules and regulations, and to meet upon the call of its chairperson. Existing law authorizes the chairperson of the committee to call a special meeting of the committee at any time and requires the chairperson to call a special meeting upon the written request of 50% of the members of the city selection committee. This bill, for the city selection committee in the County of Los Angeles, would authorize a city selection committee meeting to be conducted by teleconferencing and electronic means. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances, including those prescribing standards of housing, health, or safety, to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis and allows a city, county, or city and county, in lieu of compliance, to adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein. This bill would require every city, or every county in the case of unincorporated areas, to provide every person who is homeless, as defined, with temporary shelter, mental health treatment, resources for job placement, and job training until the person obtains permanent housing if the person has actively sought temporary shelter in the jurisdiction for at least 3 consecutive days and has been unable to gain entry into all temporary shelters they sought for specified reasons. The bill would require the city or county, as applicable, to provide a rent subsidy, as specified, if it is unable to provide temporary shelter. The bill would authorize a person who is homeless to enforce the bill's provisions by bringing a civil action. The bill would require a court to award specified remedies and penalties upon finding a violation of the bill's provisions, including by requiring the city or county, as applicable, to provide the person who is homeless with temporary shelter, mental health treatment, resources for job placement, and job training until the person obtains permanent housing. This bill would require every city, county, and city and county to adopt a plan, subject to approval by the Department of Housing and Community Development, to provide for temporary shelter for persons who are homeless in its jurisdiction, as specified. By imposing additional duties on cities and counties, the bill would impose a state-mandated local program. 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. 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 Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as "GO-Biz," to, among other duties, serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law requires the director of GO-Biz to develop an International Trade and Investment Program for the state and authorizes the director to establish and terminate international trade and investment offices outside of the United States as the director determines is appropriate, if specific requirements are met. This bill, no later than January 1, 2024, upon appropriation of sufficient funds for this purpose, would require GO-Biz to establish under its jurisdiction an international trade and investment desk in Tokyo, Japan, and makes related findings and declarations. The bill would require the trade and investment desk to have those powers and duties prescribed by the director to promote and facilitate the state's international trade activities and would require the trade and investment desk to, among other things, promote the export of California goods and services into Japan. The bill would also authorize GO-Biz to contract with the Japan External Trade Organization (JETRO) to provide office and meeting space, as specified. Existing law requires the director of GO-Biz to prepare and submit an annual budget and strategy and business plan for the International Trade and Investment Program that includes, among other things, a separately stated budget for each international trade and investment office. Existing law requires that budget and strategy and business plan to be submitted to specified legislative committees. This bill would require the director of GO-Biz to include information regarding the Japan trade and investment desk in that budget and strategy and business plan for the International Trade and Investment Program.