Asm. Al Muratsuchi

Existing law requires a city or county to make all documentation and forms associated with the permitting of advanced energy storage, as defined, available on a publicly accessible internet website, if the city or county has an internet website. Existing law requires a city or county to allow for the electronic submittal of a permit application for advanced energy storage and associated documentation through email, the internet, or facsimile. This bill would remove facsimile from the list of potential electronic submittal methods.

Existing law, the School-Based Early Mental Health Intervention and Prevention Services for Children Act of 1991, authorizes the Director of Health Care Services, in consultation with the Superintendent of Public Instruction, to provide matching grants to local educational agencies to pay the state share of the costs of providing school-based early mental health intervention and prevention services to eligible pupils at schoolsites of eligible pupils, subject to the availability of funding each year. This bill would enact a similar program to be known as the Pupil Mental Health Services Program Act. The act would authorize the State Department of Education, in consultation with the Superintendent, beginning with grants for the 2020–21 school year and subject to the availability of funding each year, to award matching grants to local educational agencies, as defined, throughout the state for programs that provide supportive services, defined to mean services that enhance the mental health and social-emotional development of pupils, to eligible pupils at schoolsites. The act would award matching grants for a period of not more than 3 years and would prohibit a single schoolsite from being awarded more than one grant. For these purposes, an eligible pupil would be defined as a pupil who attends kindergarten, including transitional kindergarten, or any of grades 1 to 12, inclusive, at a local educational agency. The bill would prescribe the procedure for a local educational agency to apply for a matching grant. The bill would also prohibit more than 10% of the moneys allocated to the department for these purposes from being used for program administration and evaluation. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. The act establishes the Mental Health Services Fund to fund various county mental health programs by imposing a tax of 1% on annual incomes above $1,000,000. The act provides that it may be amended by the Legislature by a 23 vote of each house as long as the amendment is consistent with and furthers the intent of the act, and that the Legislature may also clarify procedures and terms of the act by majority vote. This bill would implement the Pupil Mental Health Services Program Act contingent upon an appropriation in the annual Budget Act for purposes of that act from the administrative portion of the Mental Health Services Fund.

Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated cosmetics, and prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users when used as directed in the cosmetic's labeling or advertising or under customary or usual conditions. Provisions of this law are enforced by the State Department of Public Health. A violation of these provisions is a crime. This bill would additionally prescribe that a cosmetic is adulterated if it contains asbestos, lead, any of several specified intentionally added ingredients, or another chemical or contaminant identified by the department, except under specified circumstances. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law, the California Safe Cosmetics Act of 2005, authorizes the Division of Environmental and Occupational Disease Control within the State Department of Public Health to investigate cosmetic products that contain certain chemicals. A violation of these provisions is a crime. This bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement the act. By expanding the scope of a crime, 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 states the intent of the Legislature to establish a Health Care Cost Transparency Database to collect information regarding the cost of health care. Existing law requires the Office of Statewide Health Planning and Development to convene a review committee for purposes of advising the office on the establishment and implementation of the database. Existing law requires the office, by July 1, 2020, to submit a report to the Legislature, based on recommendations of the review committee and any third-party vendor, that includes prescribed elements. Existing law requires the office to establish, implement, and administer the database. Existing law requires certain health care entities, including a physician and surgeon, to provide specified information to the office for collection in the database. Under existing law, implementation of these provisions is subject to budget appropriation for that purpose. This bill would require the Medical Board of California to provide to the office, no less than annually, a comprehensive list of all physicians and surgeons practicing in California, including prescribed information. The bill would require a board-licensed physician and surgeon to provide to the office specified information relating to negotiated rates and charges imposed for services provided. The bill would require the office to make public certain aggregate data on negotiated rates.

Existing law makes it unlawful to hold in captivity an orca, whether wild caught or captive bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country. Existing law creates certain exceptions to these provisions, including an exception that authorizes an orca located in the state on January 1, 2017, to continue to be held in captivity for its current purpose and, after June 1, 2017, to continue to be used for educational presentations. Existing law provides that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000. This bill would expand these provisions to include cetaceans, which the bill would define to mean a whale, dolphin, and porpoise in the order Cetacea. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would authorize a cetacean located in the state on an unspecified date to continue to be held in captivity for its current purpose and, after an unspecified date, to continue to be used for educational presentations. 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.

The Healthy Schools Act of 2000 requires the Department of Pesticide Regulation to promote and facilitate the adoption of integrated pest management programs and to facilitate the least hazardous pest control policies at schoolsites, as defined. The act prohibits using certain pesticides at schoolsites, and imposes specified notice and record requirements on schools relating to the use of pesticides at schoolsites. This bill would prohibit the outdoor use at a schoolsite of a pesticide that contains glyphosate. The bill would require pest management practices employed in place of the use of glyphosate at a schoolsite to be consistent with the state policy to use effective least toxic pest management practices at schoolsites, as provided. To the extent the bill would add to the duties of schools, 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.

Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product, as defined. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions not be construed to preempt or prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. The bill would state that its provisions are severable. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.

Under existing law, a firearms dealer or licensee means a person who has a valid federal firearms license, has a regulatory or business license, has a valid seller's permit issued by the State Board of Equalization, has a certificate of eligibility issued by the Department of Justice, has a license granted by a duly constituted licensing authority of any city, county, or city and county, and is among those recorded in the centralized list of licensed firearms dealers kept by the Department of Justice. Existing law regulates licensed firearms dealers and provides that a license is subject to forfeiture for a breach of specified prohibitions in existing law. This bill would authorize the Department of Justice to impose a civil fine not exceeding $1000 for a breach of those prohibitions, and a civil fine not exceeding $3,000 for a breach of those prohibitions when the licensee has received written notification from the department regarding the breach and fails to take corrective action, as specified, or the department determines the licensee committed the breach knowingly or with gross negligence. The bill would authorize the department to adopt regulations to carry out these provisions. The bill would, commencing January 1, 2021, require a licensee to obtain a policy of commercial insurance that insures the licensee against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease or transfer or offering for sale, lease or transfer of a firearm or ammunition, or any other operations of the business and business premises, in the amount of $1,000,000 per incident, as specified. The bill would also provide that these provisions would not preclude or preempt a local ordinance that places additional or more stringent requirements on firearms dealers regarding insurance pertaining to the licensee's business.

This measure would name the public street, circle, and plaza at 914 and 915 Capitol Mall in the City of Sacramento as the Willie L. Brown, Jr. Circle and Plaza. The measure would request the Department of General Services to determine the cost of erecting the appropriate signage commemorating this special designation and, upon receiving donations from nonstate sources, to cover that cost to erect that signage.