Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center, defined, in part, as a facility that includes a primary care clinic, so that they may continue living in the community. Federal law authorizes states to implement the PACE program as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) , to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal State Plan, as specified. Existing law authorizes the State Department of Health Care Services to enter into contracts with various entities for the purpose of implementing the PACE program and fully implementing the single state agency responsibilities assumed by the department pursuant to those contracts, as specified. Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, duties relating to the licensing and regulation of various entities, including primary care clinics, adult day health care centers, and home health agencies. This bill would exempt from licensure by the State Department of Public Health a primary care clinic, an adult day health care center, or a home health agency, that is approved by the State Department of Health Care Services to operate exclusively as part of a PACE organization or that provides services to individuals who are being assessed for eligibility to enroll in the PACE program for not more than 60 calendar days after an individual submits an application for enrollment. The bill would instead subject those entities to oversight and regulation by the State Department of Health Care Services. The bill would require those entities to comply with the operating standards described in their respective provisions, except as modified by the State Department of Health Care Services, to meet the needs of PACE participants or those individuals being assessed. The bill would require those entities to apply for licensure with the State Department of Public Health if they provide services to any other individuals, as specified. The bill would repeal related provisions as part of conforming changes. The bill would condition the transfer of powers between the 2 departments on the Director of Health Care Services determining, and communicating that determination in writing to the State Department of Public Health, that operating standards compliance programs have been established. The bill would require those PACE organizations to cooperate with the State Department of Health Care Services by providing the department with requested records or information or with access to inspect physical locations. The bill would authorize the department to refuse to enter into, or to terminate, a contract with a noncompliant or noncooperative PACE organization, or to require that PACE organization to submit a corrective action plan to bring it into compliance, as specified. The bill would authorize the department to enter into contracts, or to amend existing contracts, on a bid or negotiated basis, to implement these provisions, and would authorize the department to implement, interpret, or make specific these provisions by means of letters, bulletins, or other similar instructions, without taking regulatory action. The bill would require the department to implement these provisions no later than January 1, 2021, but only to the extent any necessary federal approvals are obtained and federal financial participation is available. The bill would require the department to establish an administrative fee to be paid by each of those PACE organizations, as specified, in an amount necessary to pay for reasonable costs of implementing and administering these provisions. The bill would create a special fund, the PACE Oversight Fund of the State Department of Health Care Services, for the deposit of the fees, to be expended upon appropriation by the Legislature. This bill would incorporate additional changes to Section 1206 of the Health and Safety Code proposed by AB 1037 to be operative only if this bill and AB 1037 are enacted and this bill is enacted last.
Sponsored bills
Existing law authorizes a claimant to file a claim with the Controller to postpone the payment of property taxes that are due on the residential dwelling of the claimant pursuant to the Senior Citizens and Disabled Citizens Property Tax Postponement Law, the Senior Citizens Tenant-Stockholder Property Tax Postponement Law, the Senior Citizens Manufactured Home Property Tax Postponement Law, and the Senior Citizens Possessory Interest Holder Property Tax Postponement Law. Existing law, for purposes of these laws, does not allow a postponement of property taxes if the claimant's household income exceeds $35,500. Existing law continuously appropriates revenues in the Senior Citizens and Disabled Citizens Property Tax Postponement Fund for, among other things, disbursements relating to the postponement of property taxes pursuant to these laws. Existing law requires property tax postponement payments, from the time a payment is made, to bear interest at the rate of 7% per annum. This bill, beginning July 1, 2020, would lower the rate of interest on property tax postponement payments from 7% per annum to 5% per annum. The bill would revise the income limitations to instead provide that a claimant's household income cannot exceed $45,000, compounded annually, as provided. Because this bill would provide for additional expenditures from the Senior Citizens and Disabled Citizens Property Tax Postponement Fund, a continuously appropriated fund, it would make an appropriation.
Existing law requires the State Water Resources Control Board to examine and certify persons as to their qualifications to operate water treatment plants and water distribution systems. Existing law requires the certification to indicate the classification of water treatment plant or water distribution system that the person is qualified to operate. Existing law requires the board to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, prescribed territories or tribal governments, or a unit of any of these. Existing law requires the board to classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. Existing law requires a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. This bill would require the board to evaluate opportunities to issue a water treatment operator certificate or water distribution operator certificate by reciprocity, or a wastewater certificate by examination waiver, to persons who performed duties comparable to those duties while serving in the United States military, as specified. The bill would require the board to evaluate opportunities to award experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility, water distribution system, or wastewater treatment plant while serving in the United States military. The bill would require the board, if it identifies opportunities and where appropriate, to issue those certificates by reciprocity or examination waiver to those persons or to award experience or education credits to those persons. Existing law requires the board to appoint an advisory committee of 10 members, as prescribed, to assist it in carrying out its responsibilities to examine and certify people to operate water treatment plants and water distribution systems. Existing law requires the advisory committee to review all proposed regulations and make recommendations to the board. This bill would add an additional member to the advisory committee who is an active or former member of the United States military with water treatment or distribution experience within their military service, as specified. Existing law requires the board to appoint an advisory committee to assist it in carrying out its wastewater treatment plant classification and operator certification responsibilities. This bill would add an additional member to the advisory committee who is an active or former member of the United States military with wastewater treatment or distribution experience within their military service, as specified.
(1) The Planning and Zoning Law authorizes a local agency, by ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, to provide for the creation of accessory dwelling units in single-family and multifamily residential zones in accordance with specified standards and conditions. Existing law requires any ordinance adopted by a local agency to comply with certain criteria, including that it require accessory dwelling units to be either attached to, or located within, the proposed or existing primary dwelling or detached if located within the same lot, and that it does not exceed a specified amount of total area of floor space. This bill would, instead, authorize the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The bill would also revise the requirements for an accessory dwelling unit by providing that the accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or other structure, and that it does not exceed a specified amount of total floor area. (2) Existing law generally authorizes a local agency to include in the ordinance parking standards for accessory dwelling units, including authorizing a local agency to require the replacement of parking spaces if a garage, carport, or covered parking is demolished to construct an accessory dwelling unit. Existing law also prohibits a local agency from imposing parking standards on an accessory dwelling unit if it is located within one-half mile of public transit. This bill would, instead, prohibit a local agency from requiring the replacement of parking spaces if a garage, carport, or covered parking is demolished to construct an accessory dwelling unit. The bill would also prohibit a local agency from imposing parking standards on an accessory dwelling unit that is located within one-half mile walking distance of public transit, and would define the term "public transit" for those purposes. (3) Existing law authorizes a local agency to establish minimum and maximum unit size limitations on accessory dwelling units, provided that the ordinance permits an efficiency unit to be constructed in compliance with local development standards. This bill would prohibit a local agency from establishing a minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit, as defined. The bill would also prohibit a local agency from establishing a maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than 850 square feet, and 1,000 square feet if the accessory dwelling unit contains more than one bedroom. The bill would also instead prohibit a local agency from establishing any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size for either attached or detached dwelling units that prohibit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height and with a 4-foot side and rear yard setbacks. (4) Existing law prohibits a local agency from utilizing standards to evaluate a proposed accessory dwelling unit on a lot that is zoned for residential use that includes a proposed or existing single-family dwelling other than the criteria described above, except that, among one other exception, a local agency may require an applicant for a permit to be an owner-occupant of either the primary or accessory dwelling unit as a condition of issuing a permit. This bill, until January 1, 2025, would instead prohibit a local agency from imposing an owner-occupant requirement as described above. (5) Existing law requires a local agency that has not adopted an ordinance governing accessory dwelling units to approve or disapprove the application ministerially and without discretionary review within 120 days after receiving the application. The bill would require a local agency, whether or not it has adopted an ordinance, to consider and approve an application, ministerially and without discretionary review, within 60 days after receiving a completed application. The bill would also provide that, if a local agency does not act on the application within that time period, the application shall be deemed approved. (6) Existing law requires fees for an accessory dwelling unit to be determined in accordance with the Mitigation Fee Act. Existing law also requires the connection fee or capacity charge for an accessory dwelling unit requiring a new or separate utility connection to be based on either the accessory dwelling unit's size or the number of its plumbing fixtures. This bill would prohibit a local agency, special district, or water corporation from imposing any impact fee, as specified, upon the development of an accessory dwelling unit less than 750 square feet, and would require any impact fees to be charged for an accessory dwelling unit of 750 square feet or more to be proportional to the square footage of the primary dwelling unit. The bill would revise the basis for calculating the connection fee or capacity charge specified above to either the accessory dwelling unit's square feet or the number of its drainage fixture unit values, as specified. (7) Existing law, for purposes of these provisions, defines "living area" as the interior habitable area of a dwelling unit including basements and attics, but not a garage or accessory structure. This bill would define "accessory structure" to mean a structure that is accessory and incidental to a dwelling located on the same lot. (8) Existing law requires a local agency to submit a copy of the adopted ordinance to the Department of Housing and Community Development and authorizes the department to review and comment on the ordinance. This bill would instead authorize the department to submit written findings to the local agency as to whether the ordinance complies with the statute authorizing the creation of an accessory dwelling unit, and, if the department finds that the local agency's ordinance does not comply with those provisions, would require the department to notify the local agency within a reasonable time. The bill would require the local agency to consider the department's findings and either amend its ordinance to comply with those provisions or adopt it without changes and include specified findings. If the local agency does not amend it ordinance or does not adopt those findings, the bill would require the department to notify the local agency and authorize it to notify the Attorney General that the local agency is in violation of state law, as provided. The bill would authorize the department to adopt guidelines to implement uniform standards or criteria to supplement or clarify the provisions authorizing accessory dwelling units. (9) Existing law requires the planning agency of each city and county to adopt a general plan that includes a housing element that identifies adequate sites for housing. Existing law authorizes the department to allow a city or county to do so by a variety of methods and also authorizes the department to allow a city or county to identify sites for accessory dwelling units, as specified. This bill would state that a local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing in accordance with those provisions. (10) Existing law, the State Housing Law, a violation of which is a crime, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. This bill would authorize the owner of an accessory dwelling unit built before January 1, 2020, or built on or after January 1, 2020, under specified circumstances, that receives a notice to correct violations or abate nuisances to request that the enforcement of the violation be delayed for 5 years if correcting the violation is not necessary to protect health and safety, as determined by the enforcement agency, subject to specified requirements. The bill would make conforming and other changes relating to the creation of accessory dwelling units. By increasing the duties of local agencies with respect to land use regulations, and because the bill would expand the scope of a crime under the State Housing Law, the bill would impose a state-mandated local program. (11) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 68 and AB 881 to be operative only if this bill and either or both AB 68 and AB 881 are enacted and this bill is enacted last. (12) 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 governs the procedure by which crime victims may obtain compensation from the Restitution Fund, a continuously appropriated fund. Existing law establishes eligibility for compensation when prescribed requirements are met and authorizes the California Victim Compensation Board to grant compensation from the fund for pecuniary loss when the board determines it will best aid the person seeking compensation. Existing law authorizes the board to provide compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim's or derivative victim's injury or the victim's death. Under existing law, as amended by Proposition 35, the Californians Against Sexual Exploitation Act, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violates another person's personal liberty with the intent to obtain forced labor or services or who deprives or violates another person's personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. This bill would authorize the board to provide compensation equal to loss of income or support that a victim incurs as a direct result of the victim's deprivation of liberty during the crime, if the qualifying crime is human trafficking, in an amount not exceeding the value of the victim's labor as guaranteed under California law for up to 40 hours per week, as specified. The bill would require the board to adopt guidelines on or before July 1, 2020, that allow the board to rely on evidence other than official employment documentation in considering and approving an application for loss of income or support, including any reliable corroborating information approved by the board. The bill would prohibit compensation for loss of income paid by the board if the qualifying crime is human trafficking from exceeding $10,000 per year that the services were performed, for a maximum of 2 years. By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 415 to be operative only if this bill and AB 415 are enacted and this bill is enacted last.
(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 and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires that health care service plan contracts and health insurance policies provide coverage for certain services and treatments, including emergency medical transportation services. This bill would require a health care service plan contract or a health insurance policy issued, amended, or renewed on or after January 1, 2020, to provide that if an enrollee, insured, or subscriber (individual) receives covered services from a noncontracting air ambulance provider, the individual shall pay no more than the same cost sharing that the individual would pay for the same covered services received from a contracting air ambulance provider, referred to as the in-network cost-sharing amount. The bill would provide that an individual would not owe the noncontracting provider more than the in-network cost-sharing amount for services. The bill would authorize a noncontracting provider to advance to collections only the in-network cost-sharing amount that the individual has failed to pay. The bill would authorize a health care service plan, health insurer, or provider to seek relief in any court for the purpose of resolving a payment dispute, and would not prohibit a provider from using a health care service plan's or health insurer's existing dispute resolution processes. Because a willful violation of the bill's requirements relative to health care service plans would be a crime, the bill would impose a state-mandated local program. (2) Existing law, the Emergency Medical Air Transportation Act, effective until January 1, 2022, imposes a penalty of $4 until January 1, 2020, upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. The act requires the county or the court that imposed the fine to transfer the moneys collected pursuant to that act to the Treasurer for deposit into the Emergency Medical Air Transportation and Children's Coverage Fund. Under the act, moneys in the fund are made available, upon appropriation by the Legislature, to the State Department of Health Care Services for children's health care coverage and administrative costs relating to emergency medical air transportation provider payments. Existing law requires the assessed penalty to continue to be collected, administered, and distributed until exhausted or until June 30, 2021, whichever occurs first, and requires any remaining unexpended and unencumbered moneys in the fund to be transferred to the General Fund, to be available, upon appropriation by the Legislature, for specified purposes, including funding children's health care coverage. This bill would impose the penalty until July 1, 2020, and would extend the above-specified dates by six months. (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 no reimbursement is required by this act for a specified reason.
Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or the governing body of a charter school with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. Existing law requires the partnership agreement to outline the terms of the partnership, as specified, and to establish protocols for information sharing, joint facilities use, and parental consent for high school pupils to enroll in community college courses. Existing law requires the governing board of each district, at an open public meeting of that board, to present the dual enrollment partnership agreement as an informational item, as a condition of, and before adopting, a CCAP partnership agreement. Existing law requires the governing board of each district, at a subsequent open public meeting of that board, to take comments from the public and approve or disapprove the proposed agreement. Existing law authorizes a community college district participating in a CCAP partnership to assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil's CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school and consistent with specified middle college high school provisions. Existing law repeals these provisions on January 1, 2022. This bill would require those protocols described above to require a high school pupil participating under a CCAP partnership to submit only one parental consent form and principal recommendation, and would require the Chancellor of the California Community Colleges, on or before July 31, 2020, to revise the special part-time student application process to allow a pupil to complete one application, for the duration of the pupil's participation under the CCAP partnership. The bill would eliminate the requirement imposed on the governing board of each district entering into a CCAP partnership agreement to present the dual enrollment partnership agreement as an informational item at a separate open public meeting of that board before taking public comment and acting to approve or disapprove the proposed agreement. The bill would provide that units completed by a pupil pursuant to a CCAP agreement may count towards determining a pupil's registration priority for enrollment and course registration at a community college. The bill would require the CCAP partnership agreement to include a plan, instead of a certification, by the participating community college district to ensure specified conditions are met. The bill would extend the operation of the CCAP partnership provisions until January 1, 2027. This bill would incorporate additional changes to Section 76004 of the Education Code proposed by SB 586 to be operative only if this bill and SB 586 are enacted and this bill is enacted last.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical, gas, heat, telegraph, telephone, and water corporations. The Public Utilities Act requires the commission to inspect and audit the books and records of each electrical, gas, heat, telegraph, telephone, and water corporation for regulatory and tax purposes. The act requires an inspection and audit to be done at least every 3 years if the utility has over 10,000 customers and at least every 5 years if the utility has 10,000 or fewer customers. The act alternatively authorizes the commission to inspect and audit the books and records of those utilities in accordance with the commission-approved general rate case cycle, if that cycle provides for a rate case no less frequently than once every 5 years. The act provides that an audit conducted in connection with a rate proceeding is deemed to fulfill these requirements. This bill would instead require the commission to audit the books and records of each electrical, gas, heat, telegraph, telephone, and water corporation if the utility has over 10,000 customers and would require the commission to review or audit the books and records of the utility if the utility has 10,000 or fewer customers. The bill would require these reviews or audits to be conducted for regulatory purposes, rather than regulatory and tax purposes. The bill would provide that a review or audit conducted in connection with a rate proceeding shall be deemed to fulfill the applicable requirements for review or audit. Existing law authorizes the commission to conduct financial and performance audits of any entity or program created by any order, decision, motion, settlement, or other action of the commission and authorizes the commission to conduct additional followup work that is related to any findings and recommendations related to the audit. Existing law requires that the audit be completed in a timely manner consistent with the Generally Accepted Government Auditing Standards. This bill would alternatively authorize the commission to conduct financial and performance reviews of any entity or program created by any order, decision, motion, settlement, or other action of the commission and would authorize the commission to conduct additional followup work that is related to any findings and recommendations related to the review. The bill would require that the review or audit be completed in a timely manner consistent with applicable auditing standards. The bill would require the commission, by January 15, 2020, and every year thereafter, to post on its internet website its standard practice audit manual, titled Utility Audit, Finance and Compliance Branch UAFCB Audit and Attestation Standard Practice, and updates of that manual, if any.
(1) Existing law provides for the licensure and regulation of marriage and family therapists under the Licensed Marriage and Family Therapist Act, of clinical social workers under the Clinical Social Worker Practice Act, and of professional clinical counselors under the Licensed Professional Clinical Counselor Act by the Board of Behavioral Sciences. Existing law prescribes requirements for an applicant for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor who holds a valid license in good standing by a corresponding authority in any state or country, including that the applicant's education is substantially equivalent, as specified, and that the applicant's supervised experience is substantially equivalent as determined by the board. Existing law requires the board to determine substantially equivalency for these purposes based on specified standards for an applicant who has held a license for less than 4 years. This bill would revise and recast requirements for an applicant who holds a license in another jurisdiction of the United States as a marriage and family therapist, clinical social worker, or professional clinical counselor at the highest level of independent clinical practice that has been current, active, and unrestricted for at least 2 years. The bill would delete the requirement that the applicant's education is substantially equivalent and instead would require the applicant's degree that qualified the person for licensure is a master's degree or, if applicable, a doctoral degree, obtained from an accredited or approved institution. The bill would delete a requirement for the applicant to pass a clinical licensing examination set forth in regulations adopted by the board, and would impose specified coursework requirements on those applicants, including coursework in California cultures and social and psychological implications of socioeconomic position. The bill would also require, on or after January 1, 2021, all applicants holding out-of-state licenses, regardless of how long they have held the out-of-state license, to complete specified coursework or training in suicide risk assessment and intervention. The bill would make conforming and other nonsubstantive changes. (2) Existing law requires that, with respect to an applicant for licensure as a marriage and family therapist, clinical social worker, or professional clinical counselor who does not qualify for licensure as described above, education and experience that the applicant gained outside of the state to be accepted for specified licensure or registration requirements if that education or experience is substantially equivalent, subject to certain standards. This bill would revise those requirements by requiring the amount of time that the applicant held an active license in good standing in another state or country to be accepted as qualifying supervised experience at a specified rate and up to a maximum of a specified amount of hours. The bill would also exempt an applicant who obtained a license or registration in another state or country from the clinical examination if certain conditions are met. The bill would also revise the requirements to determine whether education is substantially equivalent for these purposes by, among other changes, requiring coursework to be from an accredited or approved institution or continuing education provider, on or after January 1, 2021, and for the applicant to complete specified coursework or applied experience in suicide risk assessment and intervention. This bill would incorporate additional changes to Section 4980.03 of the Business and Professions Code proposed by AB 1651 to be operative only if this bill and AB 1651 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 4980.81 of the Business and Professions Code proposed by SB 786 to be operative only if this bill and SB 786 are enacted and this bill is enacted last.
Existing law establishes the Pierce's Disease Control Program in the Department of Food and Agriculture and requires the Governor to appoint a statewide coordinator. Existing law establishes the Pierce's Disease Management Account in the Food and Agriculture Fund and allows certain money in this account to be expended to combat Pierce's disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law makes these provisions inoperative on March 1, 2021, and repeals them on January 1, 2022. This bill would extend to March 1, 2026, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2027. The bill would require the Secretary of Food and Agriculture to appoint a statewide coordinator. By extending the operative date for a partially continuously appropriated fund, this bill would make an appropriation. Existing law creates in the department the Pierce's Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierce's disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierce's disease program. Existing law repeals these provisions on March 1, 2021. This bill would extend the repeal date of these provisions to March 1, 2026, and would make related conforming changes. By extending the date until which the assessments are collected, the bill would make an appropriation.