(1) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care under authority of the Director of the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance under the authority of the Insurance Commissioner. Existing law limits the maximum amount an enrollee or insured may be required to pay at the point of sale for a covered prescription drug to the lesser of the applicable cost-sharing amount or the retail price. This bill would require an enrollee's or insured's defined cost sharing for each prescription drug to be calculated at the point of sale based on a price that is reduced by an amount equal to 90% of all rebates received, or to be received, in connection with the dispensing or administration of the drug. The bill would require a health care service plan or health insurer to, among other things, pass through to each enrollee or insured at the point of sale a good faith estimate of their decrease in cost sharing. The bill would require a health care service plan or health insurer to calculate an enrollee's or insured's defined cost sharing and provide that information to the dispensing pharmacy, as specified. The bill would require a health care service plan or health insurer to disclose information, as specified, sufficient to show compliance with these provisions to the director or commissioner. The bill would prohibit a health care service plan, health insurer, or a plan's or insurer's agents from publishing or otherwise revealing information regarding the actual amount of rebates the health care service plan or health insurer receives on a product-specific, manufacturer-specific, or pharmacy-specific basis. The bill would make a violation of its provisions not a crime under the act. The bill would authorize the director or commissioner to assess a civil penalty for each violation of these provisions, as specified. The bill would make those provisions inoperative on January 1, 2025. The bill would require the department and the commissioner, on or before March 1 each year, to provide a report on the impact of those provisions on drug prices and health care premium rates, as specified. The bill would repeal those provisions January 1, 2026. (2) Existing law requires a health care service plan or health insurer that files certain rate information to report to the appropriate department specified cost information regarding covered prescription drugs, including generic drugs, brand name drugs, and specialty drugs, dispensed as provided. This bill, until January 1, 2025, would require a health care service plan or health insurer to report additional information on the above-described point of sale provision. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (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 no reimbursement is required by this act for a specified reason.
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(1) Existing law requires the State Energy Resources Conservation and Development Commission and the State Air Resources Board, on or before December 31 of each year, to jointly review and report on progress toward establishing a hydrogen-fueling network that provides the coverage and capacity to fuel vehicles requiring hydrogen fuel that are being placed into operation in the state. The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would allow a green hydrogen, as defined, production facility and distribution credit against the personal income and corporate income taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2033, to a qualified taxpayer for qualified building or qualified distribution costs, or both, as defined. The bill would also allow a hydrogen infrastructure credit against those taxes for each taxable year beginning on or after January 1, 2023, and before January 1, 2033, to a qualified taxpayer for qualified building costs, as defined. The bill would decrease the green hydrogen production facility and distribution credit as the amount of green hydrogen produced on average per day in the state increases and would decrease the hydrogen infrastructure credit as the number of public hydrogen fueling stations in operation in the state increases. The bill would limit the total amount of the green hydrogen production facility and distribution credit to $1,000,000,000 over all available taxable years, as specified, and would limit the hydrogen infrastructure credit to $500,000,000 per taxable year. The bill would require each credit to be allocated to qualified taxpayers by the Franchise Tax Board in the order the returns are received by the board. This bill would, except as specified, require the State Air Resources Board, on or before January 1 of each year, to provide certification to the Franchise Tax Board on the average amount of green hydrogen produced in the state and the number of publicly available hydrogen fueling stations in operation in the state for the prior calendar year. The bill would repeal this requirement on December 1, 2033. This bill would also include additional information required for any bill authorizing a new tax expenditure. (2) Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution and requires the state board, in partnership with the State Energy Resources Conservation and Development Commission and in conjunction with other state agencies, to develop and adopt a state plan to increase the use of alternative fuels, as defined. Existing law requires the state board to adopt regulations that will ensure that, in any year immediately following a 12-month period in which the mass of hydrogen fuel dispensed for transportation purposes in California exceeds 3,500 metric tons, no less than 33.3% of the hydrogen produced or dispensed in California for motor vehicles be made from eligible renewable energy resources, as defined. This bill would require those regulations to require that, on a statewide basis, no less than 33.3% of the hydrogen produced or dispensed in California for motor vehicles be green hydrogen. The bill would require that the green percentage be increased to 44% by December 31, 2024, 52% by December 31, 2027, 60% by December 31, 2030, and would require that by December 31, 2045, 100% of the hydrogen produced or dispensed in California for motor vehicles be either green hydrogen or clean hydrogen, as defined.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include in its regulation of emissions of greenhouse gases the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and related projects. The program provides that projects eligible for funding include, among others, technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology, and requires, until December 31, 2021, no less than 20% of funding made available for that purpose to support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology. The program defines "zero- and near-zero-emission" for its purposes. This bill would extend the requirement that 20% of funding be made available to support early commercial deployment of existing zero- and near-zero-emission heavy-duty truck technology until December 31, 2026. The bill would further require at least 20% of that funding support early commercial deployment of existing near-zero-emission heavy-duty truck technology. The bill would define "near-zero-emission heavy-duty truck" and revise the definition for "zero-emission," as provided.
Existing law, the Public Employees' Retirement Law (PERL) , creates the Public Employees' Retirement System (PERS) , which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system. Existing law, the Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of PERS, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of PERS. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled. PEMHCA also prohibits, among other things, employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare from being enrolled in a basic health benefit plan. PEMHCA, however, permits the employee, annuitant, or family member to enroll in a Medicare health benefit plan if they are enrolled in Part A and Part B of Medicare. PEMHCA establishes the Public Employees' Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. This fund is continuously appropriated, except with respect to administrative purposes, as specified. PEMHCA also establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the person's subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a person's subsequent employer. The bill would also prohibit, except as provided and by January 1, 2023, persons who have retired under a public retirement system, as defined, annuitants of a public retirement system, and their beneficiaries who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare from being enrolled in a basic health benefit plan, as defined, offered by the public retirement system.
(1) Existing laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. This bill would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has had that certification revoked by the commission. (2) Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program that awards basic, intermediate, advanced, supervisory, management, and executive certificates on the basis of a combination of training, education, experience, and other prerequisites, for the purpose of fostering the professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officers. Existing law authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued. This bill would require the commission to create a certification program for specified peace officers. The bill would make all records related to the revocation of a peace officer's certification public. This bill would require a peace officer's certificate to be suspended, revoked, or canceled when the person is ineligible to be a peace officer or when the person has been subject to a sustained termination for serious misconduct, as defined, on or after January 1, 2022. The bill would make each law enforcement agency responsible for investigation, findings, and actions by the agency on allegations of serious misconduct and would give the commission access to the agency files. The bill would require the commission to be notified of and to review a peace officer's file after 3 allegations of serious misconduct within 5 years. The bill would establish the Peace Officer Standards Accountability Advisory Board, as specified, to make recommendations on the decertification of peace officers to the commission. The bill would require every law enforcement agency to notify the commission when a peace officer employed by that agency separates from employment. When a peace officer resigns or retires with a pending complaint, charge, or investigation of serious misconduct, the bill would require the law enforcement agency to complete the investigation into the serious misconduct within 90 days and report to the commission whether the complaint of serious misconduct was sustained, not sustained, unfounded, frivolous, or exonerated. The bill would require the commission to refer the files of peace officers whose termination for serious misconduct was sustained to the board to make a recommendation regarding the status of the officer's certificate and would require the commission to accept that recommendation or set forth the analysis and reasons for reaching a different result in writing. (3) Existing law requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined. This bill would make those requirements applicable to data obtained from unmanned aircraft systems. By imposing new requirements on local agencies, 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, 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 establishes the California Health and Human Services Agency to oversee departments and offices that provide services in specified areas, including, health care, mental health, public health, and alcohol and drug treatment. Existing law establishes within the agency, the State Department of Health Care Services. Existing law requires the department to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services. Existing law requires a program licensed or certified by the department to disclose ownership or control of, or financial interest in, a recovery residence. Existing law defines a recovery residence for this purpose to mean a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services, as specified. This bill would enact the Excellence in Recovery Residence Housing Act. The bill would require the Secretary of California Health and Human Services, on or before January 1, 2023, to develop and publish on the department's internet website consensus-based guidelines and nationally recognized standards for counties to promote the availability of high-quality recovery residence housing for individuals with a substance use disorder. The bill would require the guidelines and standards to be developed in consultation with specified agencies and organizations, to build on existing best practices and suggested guidelines developed by the federal Substance Abuse and Mental Health Services Administration, and to use language that serves to distinguish recovery residence housing from the treatment of addiction. The bill would require the secretary to request the University of California, Los Angeles to conduct a study on the availability of high-quality recovery residence housing and on state, tribal, and local regulation and oversight of recovery residence housing. The bill would require the secretary to request the University of California, Los Angeles, based on the study, if conducted, to submit a report to the Assembly and Senate Committees on Health on or before January 1, 2023, that contains the results of the study and other specified information, including recommendations for state and local policies to promote the availability of high-quality recovery residence housing in California.
Existing law creates the Employment Development Department within the Labor and Workforce Development Agency, which is vested with the duties, purposes, responsibilities, and jurisdiction regarding job creation activities. Existing law requires the Director of Employment Development to prepare a biennial report to the Legislature on the department's automation plans, including recommendations for improvements, as specified, and transmit the report to specified individuals and legislative entities on or before February 1 of each even-numbered year. This bill would instead require the report to be prepared and transmitted annually on or before March 31 of each year.
The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the manufacture, distribution, and sale of alcoholic beverages and prescribes various license fees based on the type of license issued, among other things. The act authorizes the department to adjust the fees annually based upon specified criteria and requires the department to transmit the adjusted fee list to the Chairperson of the Joint Legislative Budget Committee in writing no later than January 10 of the year before it becomes effective. This bill would require the department also to transmit the adjusted fee list annually to the Chairperson of the Assembly Committee on Governmental Organization and the Chairperson of the Senate Standing Committee on Governmental Organization and would change the date for the list to be transmitted to no later than January 31 of the year before it becomes effective.
Existing law, the Personal Income Tax Law and Corporation Tax Law, in modified conformity with federal income tax laws, generally allow various deductions in computing the income that is subject to taxes imposed by those laws, including a deduction for a net operating loss as specified. Existing law suspends the deduction for a net operating loss, as specified, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. The Personal Income Tax Law and Corporation Tax Law generally authorize various credits against the taxes imposed by those laws. Existing law provides that, except as specified, the total credits allowable under those laws may not reduce the taxes imposed by those laws by more than $5,000,000, as provided, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. This bill, the Golden State Innovation Act of 2021, would, for taxable years beginning on or after January 1, 2021, and before January 1, 2023, exclude a taxpayer that performs research and development in biotechnology, as described, from the above-described suspension of the deduction for net operating losses and the above-described limitation on the total credits allowable. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law establishes the Business, Consumer Services, and Housing Agency in state government, consisting of, among other entities, the Department of Housing and Community Development (HCD) . Existing law requires HCD to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which HCD provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities. Existing law also establishes the California Housing Finance Agency (CalHFA) within HCD with the primary purpose of meeting the housing needs of persons and families of low or moderate income. Existing law also establishes the California Tax Credit Allocation Committee (CTCAC) , composed of specified members, and requires that CTCAC, among other things, allocate specified federal low-income housing tax credits, as provided. This bill would enact the State of California Housing Allocation Act, which would require the Business, Consumer Services, and Housing Agency, HCD, CalHFA, and CTCAC, no later than January 1, 2023, to jointly establish and operate a single, centralized housing funding allocation committee, which would be within the Business, Consumer Services, and Housing Agency and comprised of representatives of those entities. The bill would require the committee to be responsible for allocating state controlled financing to housing developments and to serve as the point of contact for developers seeking to build affordable housing in California. The bill, no later than December 31, 2023, would require the committee to create a unified application and award process for the allocation of state-controlled affordable housing funds and, to the extent permitted by any applicable law governing the allocation and use of those state-controlled affordable housing funds, make applications and awards at least twice per calendar year. The bill would authorize the committee to exclude state-controlled affordable housing funds from this unified application and award process for specified reasons. The bill would require the Secretary of Business, Consumer Services, and Housing to develop a new organizational plan for the housing departments in the agency to streamline processes and eliminate redundant tasks between departments, as provided, and to submit a report on that plan to the Legislature no later than December 31, 2022.