Existing law, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. Existing law authorizes local health officials to take any preventative measures that may be necessary to protect and preserve the public health from any public health hazard during any state of emergency or local emergency. This bill would require a public health order issued by the County of Los Angeles local health officer during the COVID-19 pandemic state of emergency to be based on data for each service planning area, as defined, rather than on countywide data. The bill would further require that a local public health order related to the COVID-19 pandemic include the data for each service planning area upon which the order is based. The bill would specify that these provisions remain operative until the termination of the state of emergency declared on March 4, 2020. By requiring the County of Los Angeles to prepare emergency local public health orders based on data for each service planning area, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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.
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Existing law creates the Transformative Climate Communities Program, which is administered by the Strategic Growth Council. Existing law requires the council to award competitive grants to specified eligible entities for the development and implementation of neighborhood-level transformative climate community plans that include multiple, coordinated greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities. Existing law establishes in the Labor and Workforce Development Agency the Employment Development Department, which is charged with various functions, including job creation activities. This bill would, until January 1, 2028, establish the Just Transition Advisory Commission, consisting of specified members, in the Labor and Workforce Development Agency and would require the commission, though a public process, to develop and adopt, on or before January 1, 2024, the Just Transition Plan that contains recommendations to transition the state's economy to a climate-resilient and low-carbon economy that maximizes the benefits of climate actions while minimizing burdens to workers, especially workers in the fossil fuel industry, and their communities, especially communities that face disproportionate burdens from pollution. The bill would require the commission to submit the plan to the Legislature on or before January 1, 2024.
(1) Existing law establishes a system of public elementary and secondary education in this state, and authorizes local educational agencies throughout the state to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law establishes procedures for the apportionment of state funds to these local educational agencies. Existing law, for purposes of calculating apportionments for the 2020–21 fiscal year, requires a local educational agency to offer in-person instruction and authorizes these agencies to offer distance learning, as specified. This bill would specify that the requirement to provide in-person instruction applies when that instruction is allowed under state and local public health orders. (2) Existing law establishes criteria for local educational agencies to offer distance learning for the 2020–21 school year, including as a result of an order or guidance from a state public health officer or local public health officer, or for pupils who are medically fragile or would be put at risk by in-person instruction or who are self-quarantining. This bill would specify that, from March 1, 2021, to June 30, 2021, inclusive, distance learning is authorized on an agency-wide or schoolwide level as a result of an order from a state public health officer or a local public health officer requiring school campus closure. The bill would also include, in addition to pupils, certificated employees who are medically fragile or who are self-quarantining within the scope of this provision. (3) Existing law requires local educational agencies to offer in-person instruction to the greatest extent possible and to develop written procedures for tiered reengagement strategies for all pupils who are absent from distance learning for more than 3 schooldays or 60% of the instructional days in a school week. This bill would require local educational agencies to publicly adopt plans that offer in-person instruction within 2 weeks of local or state public health orders allowing school campuses to be open, and that outline all local educational agency plans to meet local and state public health school campus safety standards. The bill would also require each local educational agency to implement the written procedures for the tiered reengagement strategies for all pupils who are absent from distance learning for more than 3 schooldays or 60% of the instructional days in a school week, as specified. The bill would also require local educational agencies to develop and implement written procedures for tiered reengagement strategies for all unduplicated pupils who are performing significantly below grade level, with a priority for pupils in kindergarten or grades 1 to 3, inclusive, and pupils at risk of not graduating from high school. Because these provisions would impose new duties on local educational agencies, they would create a state-mandated local program. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, known as the Vehicle Leasing Act, specifies requirements for contracts for leases of motor vehicles, including the requirement that the contract contain prescribed information regarding the motor vehicle and the terms of the lease. This bill would authorize an electric mobility manufacturer to enter into a business transaction, consumer transaction, or government transaction, as those terms are defined, with a consumer for use of an electric mobility manufacturer vehicle and any other membership benefits in exchange for a membership fee or membership initiation fee. The bill would require a membership agreement between an electric mobility manufacturer and a consumer to include specified information, including, but not limited to, a statement of the terms and conditions for the right to use the electric mobility manufacturer vehicle. This bill would require an electric mobility manufacturer to obtain specified information from a consumer before providing the consumer with an electric mobility manufacturer vehicle, including proof that the consumer has valid insurance or elects to purchase insurance and a copy of the consumer's valid driver's license. The bill would require an electric mobility manufacturer to ensure an electric mobility manufacturer vehicle is registered with the relevant state and local agencies and all fees necessary to operate the vehicle are paid. This bill would limit the maximum liability of a consumer resulting from damage to an electric mobility manufacturer vehicle in their possession, as specified. The bill would, except as specified, prohibit an electric mobility manufacturer from disclosing identifiable personal information, utilizing electronic tracking information, or disabling a vehicle by using keyless entry technology. This bill would subject any electric mobility manufacturer that violates any of these provisions to a civil penalty of not less than $100, and not to exceed $2,000, in addition to actual damages plus reasonable attorney's fees and costs, as specified. (2) Existing law establishes a New Motor Vehicle Board that regulates the activities or practices of a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. Existing law requires licensing by the Department of Motor Vehicles to perform these activities for specified types of vehicles. Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type subject to registration, or snowmobiles, motorcycles, all-terrain vehicles, or trailers of a type subject to identification, to make an application to the department for a license containing a general distinguishing number, and prohibits a person from acting in that capacity without having first been issued that license or temporary permit by the department. This bill would require an electric mobility manufacturer to obtain the above-described vehicle manufacturer license, which would authorize an electric mobility manufacturer to enter into business, consumer, and government transactions with consumers in this state pursuant to a membership agreement. Existing law, the Consumer Automotive Recall Safety Act, generally prohibits an applicable dealer or rental car company, as defined, from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired. This bill would make an electric mobility manufacturer subject to the Consumer Automotive Recall Safety Act and other requirements relating to recalls and consumer notifications and would require an electric mobility manufacturer to adhere to prescribed standards, including sending a written notice to each consumer in possession of an electric mobility manufacturer vehicle. This bill would specify that these provisions apply only to electric mobility manufacturers.
(1) Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. The act also authorizes a conservator of the person, of the estate, or of both, to be appointed for a person who is gravely disabled as a result of a mental health disorder. For these purposes, existing law defines "gravely disabled" to mean either a condition in which a person, as a result of a mental health disorder or chronic alcoholism, is unable to provide for the person's basic personal needs for food, clothing, or shelter, or a condition in which a person has been found mentally incompetent, as specified. This bill would expand the definition of "gravely disabled" for these purposes to also include a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for medical treatment, as defined, if the failure to receive medical treatment is either for an existing life-threatening medical condition or the person is in imminent danger of physical injury or life-threatening medical condition and there is a substantial and imminent risk, in either instance, of either death or prolonged hospitalization. By expanding the definition of "gravely disabled" and thereby increasing the duties of local agencies, this bill would impose a state-mandated local program. This bill, on or before July 1, 2023, would require the State Department of State Hospitals to create a model discharge plan for counties and hospitals to follow when discharging those held under temporary holds or conservatorship. The bill would require county mental health departments to collaborate with facilities and hospitals to develop, implement, and adhere to an adequate discharge plan that ensures continuity of services and care in the community for all individuals exiting holds or conservatorship and to implement that plan across the entire network of acute and subacute facilities on or before February 1, 2024. The bill would require the county discharge plan to require that an individual exiting a temporary hold or a conservatorship be provided with a detailed treatment plan that includes a scheduled first appointment with their referred service provider. By placing additional duties on counties, this bill would impose a state-mandated local program. This bill would prohibit a county from discharging an individual from a hold unless the first followup appointment, made in conformance to the detailed treatment plan, is scheduled and the appointment information has been provided to the individual. The bill would also require a facility discharging a conservatee to establish a detailed treatment plan, schedule the first followup appointment, and provide the individual with the appointment information. The bill would require a service provider to whom a person released from hold or a conservatorship is referred for services to make a good faith effort to contact the referred individual no less than 3 times, either by email, telephone, mail, or in-person outreach. (2) Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The MHSA also established the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. This bill, to the extent permitted under state and federal law and consistent with the Mental Health Services Act and for the purposes of the above-mentioned provisions of the Lanterman-Petris-Short Act, would clarify that counties may pay for the services authorized in those provisions using funds from the Mental Health Services Fund when included in county plans, as specified, and would also authorize counties to pay for those services with specified funds from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would require the State Department of Health Care Services to, on or before July 1, 2022, issue guidance specifying which services authorized under the Lanterman-Petris-Short Act may be paid by counties with funds from the Mental Health Services Fund. This bill would require the commission to develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data, as specified. The bill would require counties to report to the commission its expenses in specific categories, including, but not limited to, inpatient care or intensive outpatient services, as well as their unspent funding from all major funding sources. By imposing new reporting requirements on counties, this bill would impose a state-mandated local program. (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, 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 Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a land use element. Existing law requires the land use element to designate the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law requires county or city zoning ordinances to be consistent with the general plan of the county or city, as specified. Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on the severity of fire hazard that is expected to prevail in those areas, as specified, and requires each local agency to designate, by ordinance, the very high fire hazard severity zones in its jurisdiction. Existing law additionally requires the director to classify lands within state responsibility areas into fire hazard severity zones. This bill, beginning on or after January 1, 2022, would prohibit the legislative body of a city or county from entering into a residential development agreement for property located in a very high fire risk area. The bill would define "very high fire risk area" for these purposes to mean a very high fire hazard severity zone designated by a local agency or a fire hazard severity zone classified by the director. 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 and counties, including charter cities and charter counties.
Existing law requires the Department of Technology to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. Existing law requires the Public Utilities Commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the program is to, no later than December 31, 2022, approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households, as provided. This bill would enact the Broadband for All Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to support the 2022 Broadband for All Program that would be administered by the department for purposes of providing financial assistance for projects to deploy broadband infrastructure and broadband internet access services. The bill would provide for the submission of the bond act to the voters at the November 8, 2022, statewide general election.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide an employee, who works in California for 30 or more days within a year from the commencement of employment, with paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law authorizes an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. Existing law charges the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, with enforcement of various labor laws. This bill, the Health Care Workers Recognition and Retention Act, would require a covered employer, as defined, to pay hazard pay retention bonuses in the prescribed amounts on January 1, 2022, April 1, 2022, July 1, 2022, and October 1, 2022, to each covered health care worker, as defined, that it employs. The bill would provide that hazard pay retention bonuses are in addition to all other compensation due and are not part of the health care worker's regular rate of pay or compensation. The bill would make it a violation of these provisions for a covered employer to discharge, layoff, or reduce a covered health care worker's compensation or hours so as to prevent that worker from receiving hazard pay retention bonuses, as specified. The bill would authorize a covered employer to reduce the total sum of the hazard pay retention bonuses by an amount equal to qualifying hazard pay and qualifying monetary bonuses already paid to a covered health care worker during the state of emergency related to the COVID-19 pandemic, as provided. The bill would state the intent of the Legislature that the provisions regarding the discharge, layoff, or reduction in a covered health care worker's compensation or hours in order to avoid paying the bonuses as being a violation of these provisions be retroactively applied to March 1, 2021. The bill would make a covered employer who violates these provisions liable for wages, civil penalties, and reasonable attorney's fees and costs, as specified. The bill would also authorize the commissioner to issue a citation against a covered employer or other person acting on behalf of the health care provider who violates this part, in accordance with certain procedures. The bill would authorize a covered employer to seek a complete or partial exemption from the hazard pay retention bonus requirements based on an inability to pay. The bill would require the commissioner, for a private employer, to make a determination of whether to grant the exemption based on an affidavit from the covered private employer, submitted under penalty of perjury, in which the covered private employer would be required to declare that specified conditions are true and accurate. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also require the commissioner to require the covered employer to pay an amount, not to exceed the reasonable administrative costs, of determining whether the employer is entitled to the exemption. The bill would provide that a covered health care provider that obtains an exemption from the commissioner pursuant to this provision may be eligible to receive grant moneys from a Health Care Worker Recognition and Retention Fund or other fund created by the Legislature for the purpose of providing hazard pay or bonuses to health care workers, upon meeting the requirements for disbursements from that fund. The bill would include related legislative findings. The bill would make the act inoperative on December 31, 2023. 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 provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease or rental agreement by defaulting on rent, and requires the tenant be served a 3 days' notice in writing to cure the default, as specified. Existing law provides that an unlawful detainer action is subject to the COVID-19 Tenant Relief Act of 2020, which provides tenants with specified temporary protections from eviction, if the default in the payment of rent is based upon COVID-19 rental debt, as defined. This bill, the COVID-19 Emergency Small Business Eviction Relief Act, would, until July 1, 2025, require a landlord, who receives a statement signed by a commercial tenant, as defined, and supported by documentary evidence that evidences that the tenant requests emergency rent relief because the business of the commercial tenant has experienced a decrease in average monthly gross revenue of at least 50%, which is reasonably attributable to public health regulations adopted to address the COVID-19 pandemic, during the qualifying time period, as defined, as compared with the 12 months immediately preceding the qualifying time period, to conduct a good faith negotiation to form a plan to allow the commercial tenant a reasonable opportunity to repay COVID-19 lease debt while minimizing the hardship to the landlord. The act would provide that failure by a landlord to comply with that requirement constitutes an affirmative defense in an unlawful detainer action.
Existing law establishes in state government the Ocean Protection Council. Existing law requires the council to, among other things, establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies. Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing and administering various programs intended to preserve, protect, and restore the state's coastal areas. This bill would require the council, in consultation with the conservancy, to develop the Sea Level Rise Revolving Loan Program for purposes of providing low-interest loans to local jurisdictions for the purchase of coastal properties in their jurisdictions identified as vulnerable coastal property, as provided. The bill would require the council, before January 1, 2023, in consultation with other state planning and coastal management agencies, as provided, to adopt criteria and guidelines for the program. The bill would authorize specified local jurisdictions to apply for, and be awarded, a low-interest loan under the program from the conservancy if the local jurisdiction develops and submits to the conservancy a vulnerable coastal property plan and completes all other requirements imposed by the conservancy. The bill would require the conservancy to review the plans to determine whether they meet the required criteria and guidelines for vulnerable coastal properties to be eligible for participation in the program. The bill would establish the Sea Level Rise Revolving Loan Fund, to be administered by the conservancy, for purposes of providing, upon appropriation, the low-interest loans to eligible local jurisdictions, as provided. The bill would also require that loan repayments, fees, interest, and penalties be deposited in the fund for specified uses, upon appropriation by the Legislature, including for additional loans authorized under the program. The bill would make the bill's provisions contingent upon an appropriation by the Legislature for its purposes.