Asm. Sharon Quirk-Silva

Existing law establishes the State Department of Public Health and sets forth its powers and duties to license and administer health facilities, as defined, including skilled nursing facilities and intermediate care facilities. Existing law requires skilled nursing facilities and intermediate care facilities to adopt certified nurse assistant training programs approved by the department. A violation of the provisions relating to those training requirements is a misdemeanor. Existing law requires the department to prepare and maintain a list of approved training programs for nurse assistant certification, including training programs conducted by skilled nursing facilities or intermediate care facilities, as well as local agencies and education programs. This bill additionally would require the department, no later than December 31, 2025, to solicit applications from vendors to provide the written and oral competency examination of a nurse assistant certification examination in Spanish. The bill also would require the department, by July 1, 2029, to publish on its internet website, and to update at least twice annually, a list of information including, but not limited to, approved training programs, as specified, competency test pass rates for the previous 2 years, aggregated by the language in which the test was taken, and the number of nurse assistants trained in the previous 2 years.

Existing law prohibits a store, as defined, from providing a single-use carryout bag to a customer at the point of sale, with specified exceptions, including an exemption for bags used to contain unwrapped food. Existing law defines a "single-use carryout bag" as a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets specified requirements, including that the bag be made by a certified reusable grocery bag producer and meets specified requirements with regard to the bag's durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Existing law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third-party certification entity, and provides proof of that certification and a certification fee to the Department of Resources Recycling and Recovery, as specified. Existing law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law defines "recycled paper bag," in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements. Existing law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, recast the definition of a "single-use carryout bag" to a "carryout bag," and would revise the definition to mean a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag. The bill would create a carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, as specified. The bill would revise the definition of "recycled paper bag" to require it be made from a minimum of 50% postconsumer recycled materials on and after January 1, 2028, without exception. The bill would also prohibit a store from providing, distributing, or selling a carryout bag to a customer at the point of sale, except as provided. The bill would also repeal the provisions relating to standards for and the certification of reusable grocery bags, and would repeal a provision relating to certain obsolete at-store recycling program requirements. The bill would make related legislative findings and declarations and would make related conforming changes.

Existing law requires the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. Existing law authorizes the Department of Parks and Recreation to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users, as provided. This bill would provide that use of a state park by an eligible entity, as defined, to provide outdoor equity programs, as defined, shall be considered an allowable public use of a unit of the state park system, and would require the department or an entity managing a unit of the state park system to treat this use in the same manner as general public use of the state park, as provided. The bill would, for planning purposes, require the eligible entity to notify the department or an entity managing the unit of the state park system at least 15 calendar days in advance of the planned activity and communicate any consequential changes to the planned activity or location before the start of the outdoor equity program.

Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units, as defined, for lower income students in a student housing development that meets certain requirements. Existing law requires that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, as specified. To be eligible under this provision, existing law requires a developer, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education, as specified. Existing law also requires the development to provide priority for the applicable affordable units for lower income students experiencing homelessness, as specified. Existing law requires units described in these provisions to be subject to a recorded affordability restriction of 55 years. This bill would define "student housing development" to mean a development that contains bedrooms containing 2 or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. The bill would authorize units in the student housing development to be used for undergraduate, graduate, or professional students enrolled currently or in the past 6 months in at least 6 units at an institution of higher learning, as specified. The bill would additionally authorize eligibility under this provision if the developer, as a condition of receiving a certificate of occupancy, established a system for confirming its renters' status as students to ensure all units of the student housing development are occupied with students from an institution of higher education, as specified. The bill would prohibit the above-described affordability restriction from tying a rental bed reserved for lower income students to a specific bedroom, as specified. Existing law requires that an applicant under the Density Bonus Law receive a specified number of incentives or concessions if the project includes specified minimum percentages of the total units for lower income households, very low income households, or persons or families of moderate income, as provided. Existing law requires one incentive for projects that include at least 20% of the total units for lower income students in a student housing development. This bill would require that an applicant, if the project includes at least 23% of total student housing units for lower income students, to instead receive 2 incentives or concessions. For purposes of the Density Bonus Law, existing law defines "density bonus" to mean a density increase over the otherwise maximum allowable gross residential density, as defined, and sets forth the method for calculating the amount of density bonus for each type of housing development. In the case of a development that includes 20% of the total units for lower income students in a student housing development, existing law requires the density bonus to be 35% of the student housing units. This bill would revise the method for calculating the percentage density bonus for a student housing development that includes 20% of the total units for lower income students to instead provide a density bonus that varies based on the percentage of low-income units in that development, as specified. Except as provided, existing law prohibits, upon the request of the developer, a city, county, or city and county from requiring a vehicular parking ratio, as specified, of a development meeting the criteria of its provisions that exceeds specified ratios, including zero to one bedroom to one onsite parking space. This bill would add to those specified ratios one bedspace in a student housing development to zero parking spaces. By expanding the duties for a city, county, or a city and a county to administer the Density Bonus Law with respect to qualifying student housing developments, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2694 to be operative only if this bill and AB 2694 are enacted and this bill is enacted last. 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 Donahoe Higher Education Act sets forth the missions and functions of the public institutions of higher education, including the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. This bill would prohibit the University of California, California State University, or California Community Colleges from disqualifying a student from being hired for an employment position due to the student's failure to provide proof of federal work authorization, except where that proof is required by federal law or where that proof is required as a condition of a grant that funds the particular employment position for which the student has applied. This bill would require the University of California, the California State University, and the California Community Colleges to treat a specified prohibition in federal law on hiring undocumented noncitizens as inapplicable because that provision does not apply to any branch of state government. The bill would further provide that, to the extent student employment is considered a "benefit" for purposes of federal law, the bill constitutes authorization to provide that benefit for purposes of specified federal law. This bill would require the University of California, the California State University, and the California Community Colleges to implement the bill by January 6, 2025. The bill's provisions would apply to the University of California, unless it is found inapplicable to the University of California and then only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. By imposing new duties on community college districts, 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 requires candidates for an office at a primary election to deliver their nomination documents to the county elections official no later than 5 p.m. on the 88th day before the primary election, or in specified cases, no later than 5 p.m. on the 83rd day before the primary election. Existing law prohibits a person who has delivered nomination documents to the county elections official from withdrawing their candidacy. Existing law further prohibits a person from filing nomination documents for a party nomination and an independent nomination for the same office, or for more than one office at the same election. This bill would permit a candidate for any office other than a statewide office, as defined, at a primary election to withdraw their nomination documents for that office during the applicable filing period. The bill would establish requirements for withdrawal, including that the candidate submit a statement under penalty of perjury that they are withdrawing their nomination documents and understand the withdrawal is irrevocable and that the filing fees are nonrefundable. The bill would permit a candidate who withdraws to file nomination documents for another office at that primary election during the applicable filing period. The bill would clarify that a candidate is prohibited from filing nomination documents for more than one office at the same primary election, except as specified. If an incumbent has delivered but then withdrawn their nomination documents before 5 p.m. on the 88th day before the primary election, the bill would authorize another candidate to deliver their nomination documents no later than 5 p.m. on the 83rd day before the primary election. By establishing a new crime based upon the requirement that a candidate submit a statement of withdrawal under penalty of perjury, and by establishing new duties for local elections officials, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the State Department of Social Services to regulate activities relating to continuing care contracts that govern care provided to a resident in a continuing care retirement community for the duration of the resident's life or a term in excess of one year. Existing law provides that all residents in residential living units, as defined to mean a living unit in a continuing care retirement community, shall have certain specified rights, such as the right to live in an environment that enhances personal dignity, maintains independence, and encourages self-determination, and the right to participate in activities that meet individual physical, intellectual, social, and spiritual needs. Under existing law, in addition to any statutory or regulatory bill of rights required to be provided to residents of residential care facilities for the elderly or skilled nursing facilities, a provider of continuing care retirement services is required to provide a copy of the rights specified for residents in residential living units to each resident at the time or before the resident signs a continuing care contract, and at any time when the resident is proposed to be moved to a different level of care. A violation of these provisions is subject to a civil penalty. This bill would revise those provisions to expressly require a continuing care retirement community provider, at the time or before a resident signs a continuing care contract, and when the resident is proposed to be moved to a different level of care, to provide the resident with a copy of the above-described rights, a copy of the residential care facility for the elderly bill of rights, or, if the if the resident is moving into the continuing care retirement community's skilled nursing unit, a copy of the rights applicable to residents of skilled nursing facilities.

Existing law provides for the licensing and regulation of long-term health care facilities, including, among others, skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. A violation of those provisions is generally a crime. 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 prohibits a long-term health care facility that participates as a provider under the Medi-Cal program from discriminating against a Medi-Cal patient on the basis of the source of payment for the facility's services that are required to be provided to individuals entitled to services under the Medi-Cal program. Existing law prohibits that facility from seeking to evict out of the facility, or transfer within the facility, any resident as a result of the resident changing their manner of purchasing the services from private payment or Medicare to Medi-Cal, except as specified. This bill would require the facility to provide aid, care, service, and other benefits available under Medi-Cal to Medi-Cal beneficiaries in the same manner, by the same methods, and at the same scope, level, and quality as provided to the general public, regardless of payment source. The bill would find and declare that this requirement is declaratory of existing law and thus not reimbursable under the Medi-Cal Long-Term Care Reimbursement Act or any other Medi-Cal ratesetting provisions, as specified. The bill would specify that if reimbursement is found to be required by state or federal law or regulation, as specified, the above requirement shall only become operative upon appropriation by the Legislature. The bill would also provide that this requirement and the above-described prohibition against discrimination on the basis of payment source be implemented only to the extent that these provisions do not conflict with federal law, that any necessary federal approvals are obtained, and that federal financial participation for the Medi-Cal program is available and is not otherwise jeopardized. Existing federal regulations require certain nursing facilities to post their resident census and specified nurse staffing data on a daily basis. This bill would require a skilled nursing facility that participates as a provider under the Medi-Cal program to make publicly available its current daily resident census and nurse staffing data, as defined. The bill would require the facility to make the information available either by posting it on the facility's internet website or by providing the information to a requester by telephone or email, as specified. The bill would exempt these requirements from the above-described and other related criminal penalties. The bill would find and declare that these requirements are not reimbursable under the Medi-Cal Long-Term Care Reimbursement Act, but that if reimbursement is found to be required by state or federal law or regulation, as specified, the above provision shall only become operative upon appropriation by the Legislature. Existing law requires that a contract of admission to a long-term health care facility state that, except in an emergency, a resident may not be involuntarily transferred or discharged from the facility unless the resident and, if applicable, the resident's representative, are given reasonable notice in writing and transfer or discharge planning as required by law. Existing law requires that the written notice state the reason for the transfer or discharge. This bill would require that the notice also include a specified statement relating to, among other things, restrictions on discharge from the facility or transfer within the facility solely as a result of changing the manner of purchasing services from private payment or Medicare to Medi-Cal payment, and certain resource information about facilities participating in Medi-Cal.

Existing law provides for the licensure and regulation of health facilities, including, but not limited to, skilled nursing facilities, by the State Department of Public Health. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Department of Health Care Access and Information (HCAI) , a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. The act requires the governing board or other governing authority of a hospital, before adopting plans for the hospital building, as defined, to submit to HCAI an application for approval, accompanied by the plans, as prescribed. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services (DHCS) , 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 authorizes DHCS to adopt regulations to certify providers enrolled in the Medi-Cal program, and applicants for enrollment as providers, including providers and applicants licensed as health care facilities. This bill would require a licensed skilled nursing facility that proposes to provide therapeutic behavioral health programs in an identifiable and physically separate unit of a skilled nursing facility, and that is required to submit an application and receive approvals from multiple departments, as specified above, to apply simultaneously to those departments for review and approval of application materials. The bill, when an applicant for approval from one of the specified departments is unable to complete the approval process because the applicant has not obtained required approvals and documentation from one or both of the other departments, would authorize the applicant to submit all available forms and supporting documentation, along with a letter estimating when the remaining materials will be submitted. The bill would require the receiving department to initiate review of the application, and would require final approval of the application to be granted only when all required documentation has been submitted by the applicant to each department from which approval is required. The bill would require the departments to work jointly to develop processes to allow applications to be reviewed simultaneously and in a coordinated manner, as specified.

Existing law prohibits, except as specified, a person sentenced to imprisonment in a county jail from being administered any psychiatric medication without prior informed consent. Existing law authorizes a county department of mental health, or other designated county department, to administer to an inmate involuntary medication on a nonemergency basis only after the inmate is provided, among other things, a hearing before a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer. Existing law, until January 1, 2025, additionally protects all inmates in a county jail from being administered any psychiatric medication without prior informed consent, with certain exceptions, and imposes additional criteria that must be satisfied before a county department of mental health or other designated county department may administer involuntary medication, including a requirement that the jail first make a documented attempt to locate an available bed for the inmate in a community-based treatment facility, under certain conditions, in lieu of seeking involuntary administration of psychiatric medication. Until January 1, 2025, if an inmate is awaiting resolution of a criminal case, existing law requires that a hearing to administer involuntary medication on a nonemergency basis be held before, and that any requests for ex parte orders be submitted to, a judge in the superior court where the criminal case is pending. Existing law, also until January 1, 2025, sets limits on the amount of time such orders are valid and requires any court-ordered psychiatric medication to be administered in consultation with a psychiatrist who is not involved in the treatment of the inmate at the jail, if one is available. This bill would extend these provisions until January 1, 2030. The bill would also require any county that, between January 1, 2025, and July 1, 2028, administers involuntary medication to any inmate awaiting arraignment, trial, or sentencing, to prepare and submit a report to the Legislature, as specified. The bill would require any involuntary treatment to be consistent with the standard of care. The bill would also permit the county to demonstrate a documented attempt to locate an available bed by submitting a declaration under penalty of perjury. By imposing new duties on counties and 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.