Asm. Ken Cooley

This measure would designate a specified portion of State Route 50 in the County of El Dorado as the Deputy Sheriff Brian "Ish" Ishmael Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. The act requires an insurer that wishes to change a rate to file a complete rate application with the Insurance Commissioner, as specified. This bill would require the commissioner to investigate, study, and prepare a report that addresses specific issues relating to ratemaking for residential property insurance policies in high fire risk areas. The bill would require the study to address the extent to which the commissioner may use its authority to create one or more market assistance plans to ensure that residential property insurance is fair, available, and affordable in high fire risk communities, the costs and benefits of authorizing insurers to include the cost of reinsurance as part of the rate for residential property insurance, and the extent to which the establishment of a public wildfire catastrophe model would be appropriate for use in residential property insurance ratemaking. The bill would require the commissioner, on or before July 1, 2022, to submit the report to the Chairpersons of the Assembly and Senate Committees on Insurance, the Speaker of the Assembly, the President pro Tempore of the Senate, and the Governor. The bill would repeal these provisions on January 1, 2025.

The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. The Public Utilities Act authorizes the commission to supervise and regulate every public utility, including electrical corporations, and to do all things that are necessary and convenient in the exercise of that power and jurisdiction. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes the commission, in a proceeding on an application by an electrical corporation to recover costs and expenses arising from a catastrophic wildfire occurring on or after January 1, 2019, to allow cost recovery if the costs and expenses are just and reasonable, after consideration of the conduct of the utility, including consideration of specified factors. Existing law establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Existing law requires the commission to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the commission to direct those electrical corporations to collect that charge if the commission determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority, as specified. This bill would enact the Wildfire Prevention and Community Resilience Act of 2020 and would require the Natural Resources Agency, in consultation with the commission, to adopt an interim expenditure plan and an expenditure plan that are focused on reducing wildfire risk on the ground and in communities through activities such as defensible space implementation, home hardening, improved public safety, including expenditures to add trained emergency medical technicians to the workforce, and other authorized activities, as well as to prepare residents for wildfires through public education and outreach, as provided. The bill would establish the Wildfire Prevention and Community Resilience Fund and, upon appropriation by the Legislature, would require moneys in the fund be used for the implementation of those plans. The bill would require the Secretary of the Natural Resources Agency, upon the adoption of the interim plan, to notify the State Controller of the adoption. The bill would require, within 30 days of the notification, the transfer of $500,000,000 from the Surplus Money Investment Fund to the Wildfire Prevention and Community Resilience Fund, and would appropriate the money to the Natural Resources Agency for the implementation of the interim expenditure plan. The bill would provide for the repayment of the moneys transferred from the Wildfire Prevention and Community Resilience Fund to the Surplus Money Investment Fund, as provided. The bill would require the commission to require large electrical corporations, as defined, to collect, on and after a specified time, a nonbypassable charge from their ratepayers, as provided, to finance the bonds issued for the support of the Wildfire Prevention and Community Resilience Fund, as described below. Existing law, until January 1, 2003, authorizes the Department of Water Resources to enter into contracts for the purchase of electric power. Existing law authorizes the department to sell power to retail end use customers and local publicly owned electric utilities under certain circumstances. Existing law authorizes the department to issue revenue bonds and entitles the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds and purchase electric power pursuant to these provisions. Existing law authorizes the department to issue Wildfire Fund bonds on and after either the date on which the department legally defeases all of its remaining bonds under the provisions described above or the date on which it pays those obligations in full at maturity, whichever is earlier, to support the Wildfire Fund. Existing law entitles the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds in support of the Wildfire Fund. Existing law requires those bond proceeds and revenues received by the department to be deposited in the Department of Water Resources Charge Fund. Existing law continuously appropriates the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Fund and repayment of the bonds issued in support of the Wildfire Fund. This bill would authorize the department to issue bonds, in an aggregate amount of up to $3,000,000,000, the repayment of which, including interest, commences on the date on which the department has paid in full, at maturity, or legally defeases any outstanding bonds issued for the support of the Wildfire Fund or on January 1, 2036, whichever is later, to support the Wildfire Prevention and Community Resilience Fund. The bill would entitle the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds in support of the Wildfire Prevention and Community Resilience Fund. The bill would require those bond proceeds and revenues received by the department to be deposited in the Department of Water Resources Charge Fund. The bill would continuously appropriate the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Prevention and Community Resilience Fund and repayment of the bonds issued for the support of the Wildfire Prevention and Community Resilience Fund. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be codified in the act and would require action by the commission, a violation of which would be a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 3289 of the Public Utilities Code proposed by SB 350 to be operative only if this bill and SB 350 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the commissioner's powers and duties. Existing law requires the commissioner to conduct or commission various studies and prepare various reports relating to the business of insurance. This bill would require the commissioner, on or before July 1, 2022, to complete a study on wildfire risk and insurance, including market-based approaches.

(1) Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons under various health care delivery systems, including fee-for-service and managed care. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes the department to enter into various types of contracts for the provision of services to beneficiaries, including contracts with Medi-Cal managed care plans. Existing law provides that in counties selected by the Director of Health Care Services with the concurrence of the county, a special county health authority may be established, and in any county, by ordinance, a special commission may be established, in order to meet the problems of delivery of publicly assisted medical care in each county, and to demonstrate ways of promoting quality care and cost efficiency. Existing law authorizes several counties, including the County of Alameda, to establish, by ordinance, a health authority, and specified counties, such as the Counties of San Joaquin and Tulare, to establish, by ordinance, a special county health commission. This bill would authorize the Board of Supervisors of the County of Sacramento to establish, by ordinance, a health authority to perform specified duties, including negotiating and entering into contracts with health plans, as prescribed. The bill would require the health authority to meet with any health plans intending to contract with the department, and, subsequent to meeting with all interested health plans, to designate to the department at least 2 licensed health plans for the department's approval based on specified criteria. The bill would require the health authority to be governed by a commission, would require the board to appoint commission members, and would require those members to include specified individuals, including representatives of nonprofit community health centers and hospital systems that operate in the County of Sacramento. The bill would specify the responsibilities and duties of each member of the commission, including serving the public interest of Medi-Cal beneficiaries served by the health authority and ensuring the fiscal solvency of the health authority. The bill would require the commission to establish advisory committees, including an executive committee, and would prohibit members of the commission and advisory committees from receiving compensation for activities relating to their duties, except as specified. The bill would provide that a member of the commission shall not be deemed to be interested in a contract entered into by the department if the member is a Medi-Cal recipient or if certain facts apply, including that the member was appointed to represent the interests of physicians, health care practitioners, hospitals, or other health care organizations. The bill would require the health authority to be considered a separate entity from the county, to be deemed a public agency for various purposes, including for purposes of grant programs, and to have specified authority as necessary to perform its functions, including the power to acquire real or personal property. The bill would authorize the board, by ordinance, to terminate the health authority under prescribed circumstances, and would require certain acts to be performed by the health authority, the County of Sacramento, the board, and the department, including requiring the department to conduct an audit of the health authority's records, before the termination of the health authority. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento.

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, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. 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 do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. 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.

Existing law establishes the Central Valley Flood Protection Board and authorizes the board to engage in various flood control activities along the Sacramento River, the San Joaquin River, their tributaries, and related areas. Existing law requires every plan of reclamation, flood control, drainage, improvement, dredging, or work, that includes or contemplates the construction, enlargement, revetment, or alteration of any levee, embankment, canal, or other excavation in the bed of or along or near the banks of the Sacramento or San Joaquin Rivers or any of their tributaries or connected therewith, upon any land adjacent thereto, within any of the overflow basins thereof, or upon any land susceptible to overflow therefrom, to be approved by the board before construction is commenced. Existing law prohibits a levee along a river or bypass at any of those specified places, or any levee forming part of any adopted flood control plan, from being cut or altered without permission of the board. Existing law makes a violation of the latter provisions a misdemeanor. This bill would instead prohibit a person from concealing, defacing, destroying, modifying, cutting, altering, or physically or visually obstructing any levee along a river or bypass at any of those specified places, any levee forming part of any flood control plan, or any other facility of the State Plan of Flood Control, including, but not limited to, any and all associated rights of way, without permission of the board. By expanding the behavior that would be punishable as a misdemeanor, the bill would impose a state-mandated local program. The bill would authorize the board or its designee, or a local agency that maintains the levee or facility, to inspect and move any physical or visual obstructions placed or alterations made on any of the above-specified levees or facilities, including, but not limited to, any and all associated rights of way. This bill would declare, among other things, that facilities of the State Plan of Flood Control are critical public infrastructure necessary for the protection of life, property, and the economy. 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. This bill would declare that it is to take effect immediately as an urgency statute.

(1) The Child Care and Development Services Act establishes a system of childcare and development services for children up to 13 years of age and requires the State Department of Education to contract with local contracting agencies for alternative payment programs for childcare services to be provided throughout the state. The act requires the alternative payment program to reimburse childcare providers based upon specified criteria, including the actual days and hours of attendance for those families with variable schedules, or for license-exempt childcare providers that provide part-time services, up to the maximum certified hours. This bill would delete the requirement that alternative payment programs provide reimbursement based on the actual days and hours of attendance to families with variable schedules or license-exempt childcare providers. (2) The act authorizes each licensed childcare provider to alter rate levels for subsidized children once per year and requires the provider to provide the alternative payment program and resource and referral agency with the updated information, as provided. Existing law requires an alternative payment program to verify childcare provider rates no less frequently than once a year, as provided. The act requires the department to develop regulations for addressing discrepancies in the childcare provider rate levels identified through the rate verification process described above. This bill would delete these provisions. (3) The act requires an alternative payment program to provide notice to a childcare provider of specified changes relating to childcare services at least 14 calendar days before the effective date of the intended actions. This bill would instead require the alternative payment program to provide the notice, as well as the effective date of any change described above, on the same day that a notice of action is issued to a family, as provided. (4) The act requires, on and after the date on which the Superintendent of Public Instruction determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the department, at the request of a contractor, the department to request the Controller to make a payment via direct deposit by electronic funds transfer through the Fi$Cal Project into the contractor's account at the financial institution of the contractor's choice, as provided. This bill would instead require, at the request of a contractor, the department to require the Controller to make a payment via direct deposit by electronic funds into the contractor's account at the financial institution of the contractor's choice, as provided. (5) The act authorizes a contractor to retain a reserve fund balance for alternative payment model and certificate childcare contracts, as provided. The act prohibits these funds from exceeding either 2% of the sum of the parts of each contract, as provided, or $1,000, whichever is greater. This bill would instead prohibit the funds from exceeding either 15% of the sum of the parts of each contract, as provided, or $1,000, whichever is greater.

This measure would proclaim March 2, 2020, to March 6, 2020, inclusive, as School Breakfast Week.