Sen. Megan Dahle

This measure would condemn and decry the Hamas terrorist organization in the harshest terms for its premeditated, coordinated, and barbaric attacks on Israel, acts of sexual violence, hostage taking, and theft of relief supplies intended for the civilian population of Gaza, and demand the release of all hostages held by Palestinian terrorists. The measure would condemn and denounce in the strongest possible terms all instances of anti-Semitism occurring in California, the United States, and globally.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 and to ensure the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit by 2030. The act authorizes the state board to include the use of market-based compliance mechanisms in its regulation of greenhouse gas emissions. This bill would specify that transportation fuels are not subject to regulations implementing a market-based compliance mechanism for greenhouse gas emissions. Existing law authorizes the state board to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution. Existing law authorizes the state board to grant variances from the gasoline specifications, as provided. This bill would require the state board to grant variances from gasoline specifications, including for gasoline imported from outside the state, whenever a refinery outage or other supply interruption would result in substantial short-term price increases, as specified. Existing law requires the state board to establish, by regulation, maximum standards for volatility of gasoline, as provided. Pursuant to these authorities, the state board has adopted the California Reformulated Gasoline regulations, which include regulations establishing the maximum Reid vapor pressure of gasoline for various regions of the state at specified time periods. This bill would require the state board to waive the Reid vapor pressure requirement on summer-blend gasoline under the California Reformulated Gasoline regulations and to allow for the early transition to winter-blend gasoline if the state board determines that the gasoline market is experiencing a sudden and unusual increase in gasoline prices.

Existing law authorizes a court, under specified circumstances, to resentence a defendant convicted of a felony offense. Under existing law, resentencing can be granted without a hearing upon stipulation of the parties. This bill would require a victim of the crime who wishes to be heard regarding the resentencing to notify the prosecution of their request for a hearing within 15 days of being notified that resentencing is being sought, and would require the court to provide an opportunity for the victim to be heard. Existing law requires any person, except the victim, who is entitled to attend a parole hearing and intends to do so, to provide at least 30 days' notice to the Board of Parole Hearings. Existing regulations of the Department of Corrections and Rehabilitation require victims, the victim's next of kin, members of the victim's family, victim representatives, counsel for any of these persons, and victim support persons to give notice of their intention to attend, to the department, as specified. This bill would limit the amount of notice that the department may require from any of these persons to no more than 15 days. This bill would incorporate additional changes to Section 1172.1 of the Penal Code proposed by AB 600 to be operative only if this bill and AB 600 are enacted and this bill is enacted last.

(1) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils, and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law authorizes a school nurse, if authorized by the governing board of the school district, to perform various pupil health care services. Existing law requires a school nurse to be currently licensed as a registered nurse, as provided, and to have met the minimum requirements for a credential in school nursing, as specified. This bill would require a licensed vocational nurse, as defined, hired pursuant to this bill to be supervised by a credentialed school nurse, as defined, who is employed as a school nurse at the same local educational agency (LEA) or at another LEA. The bill would prohibit interpreting that provision to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act. The bill would require an LEA employing a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, and a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, pursuant to these provisions to have indemnification for the supervisorial liability, as specified. The bill would require certain LEAs to enter into a written agreement containing specified information, including, among other information, a communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate, as provided. The bill would require an LEA to only hire a licensed vocational nurse if a diligent search has been conducted for a suitable credentialed school nurse each school year, as provided. The bill would require a local educational agency to seek approval from its governing board or body before hiring a licensed vocational nurse, including by submitting a declaration to its governing board or body containing certain information. The bill would require a local educational agency electing to hire a licensed vocational nurse to certify to the State Department of Education, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would, if an LEA uses its authority pursuant to the above-mentioned provisions, require the local educational agency to report its use of that authority to the department. The bill would require the department to, on or before January 1, 2028, submit a report to the Legislature containing a list of the LEAs that have used that authority, as provided. The bill would repeal the above-mentioned provisions on January 1, 2029. (2) Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons, including, among others, certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing. This bill would expand that described authorization to allow those tests to be additionally given by certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing. (3) Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary school, and in grades 2, 5, and 8, as specified. Existing law requires this appraisal to include tests for visual acuity, including near vision and color vision, as provided. This bill would require the vision appraisal to additionally include tests for far vision. To the extent this imposes additional duties on school districts, the bill would impose a state-mandated local program. (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 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 Office of Emergency Services to establish medical forensic forms, instructions, and examination protocols for victims of child physical abuse or neglect based on the guidelines for those forms as they relate to sexual assault. Existing law requires the forms to have a place for notation of specified information, including, among other things, the performance of a physical examination for evidence of child physical abuse or neglect. This bill would require victims of child physical abuse or neglect to have access to medical evidentiary examinations, free of charge, by Local Sexual Assault Response Teams (SART) , Sexual Assault Forensic Examiner (SAFE) teams, or other qualified medical evidentiary examiners. The bill would require each county's board of supervisors to authorize a designee to approve the SART, SAFE teams, or other qualified medical evidentiary examiners to receive reimbursement through the Office of Emergency Services for the performance of medical evidentiary examinations for victims of child physical abuse or neglect and to notify the office of this designation. The bill would require that the costs associated with these medical evidentiary exams be funded by the state, subject to appropriation by the Legislature, and would require the Office of Emergency Services to establish a 60-day reimbursement process within one year upon initial appropriation.

Existing law, until January 1, 2024, defines the offense of aggravated arson, and defines the aggravating factors for the offense as, the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $8,300,000, or the fire caused damage to, or the destruction of, 5 or more inhabited structures. Existing law, commencing January 1, 2024, deletes the aggravating factor of property damage and other losses in excess of $8,300,000 from the definition of aggravated arson. This bill would increase the dollar amount of property damages and other losses required to be an aggravating factor to $10,100,000, exclusive of damage to, or destruction of, inhabited dwellings. The bill would extend the operation of the former aggravated arson offense until January 1, 2029. The bill would delay operation of the latter aggravated arson offense that deletes the threshold dollar amount of property damages and other losses as an aggravating factor until January 1, 2029. By extending the operation of law defining a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law prohibits a local agency from requiring an accessory dwelling unit to provide fire sprinklers, if they are not required for the primary residence. The State Housing Law, among other things, requires the Department of Housing and Community Development to adopt, amend, or repeal rules and regulations for the protection of the health, safety, and general welfare of the occupant and the public relating to specified residential structures, as provided, which apply throughout the state. A violation of the State Housing Law, or of the building standards or rules and regulations adopted pursuant to that law, is a misdemeanor. This bill, until January 1, 2027, would prohibit a local agency from imposing or enforcing any requirement to provide fire sprinklers for a temporary sleeping cabin that is on a site with 50 or fewer temporary sleeping cabins. The bill would define "temporary sleeping cabin" to mean a nonpermanent structure that is intended to provide temporary housing to people experiencing homelessness or at risk of homelessness, has a total floor area of less than 250 feet, and does not include plumbing. The bill would require a temporary sleeping cabin that does not include fire sprinklers to comply with alternative fire life and safety standards that include providing, among other things, a smoke alarm and carbon monoxide alarm in the unit, a fire extinguisher in the unit, and ingress and egress that facilitates rapid exit of the temporary sleeping cabin. By requiring local agencies to impose alternative fire life and safety standards for these units, the bill would impose a state-mandated local program. This bill would require violations of those alternative fire and life safety standards to be handled pursuant to specified provisions of the State Housing Law. By adding to the duties of local officials with respect to enforcement of the State Housing Law, the violation of which is a crime, this bill would impose a state-mandated local program. This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 specified reasons.

Existing law authorizes victims of domestic violence, sexual assault, stalking, human trafficking, and elder or dependent adult abuse, and members of their households, to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's changed name or location, subject to specified conditions. Existing law makes it a misdemeanor for any person to make a false statement in an application. This bill, beginning on July 1, 2024, would make victims of child abduction, as defined, and members of their households eligible for the protections of this address confidentiality program. By expanding the scope of the program to include victims of child abduction and their household members, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby imposing 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, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. Under AUMA, a person 18 years of age or older who plants, cultivates, harvests, dries, or processes more than 6 living cannabis plants, or any part thereof, may be charged with a felony if specified conditions exist, including when the offense causes substantial environmental harm to public lands or other public resources. AUMA authorizes the Legislature to amend its provisions by a 23 vote of each house if the amendment furthers its purposes and intent. This bill would amend AUMA by adding to the above-described conditions planting, cultivating, harvesting, drying, or processing marijuana that results in substantial environmental harm to surface or groundwater. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Endangered Species Act, prohibits the taking of an endangered or candidate species, except as provided. Under the act, the Department of Fish and Wildlife may authorize the take of listed species pursuant to an incidental take permit if the take is incidental to an otherwise lawful activity, the impacts are minimized and fully mitigated, and the issuance of the permit would not jeopardize the continued existence of the species. The act requires the department to adopt regulations for the issuance of incidental take permits. Existing law also generally provides that a violation of the Fish and Game Code is a crime. The act also provides, until January 1, 2024, that the accidental take of a candidate, threatened, or endangered species resulting from an act that occurs on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act, as provided, and would require a person, when an accidental take is known to occur under these provisions, to report the take to the department within 10 days. This bill would require the department to conduct outreach to raise awareness of the above-mentioned reporting requirement within the agricultural community, as specified, and would extend the above-mentioned exception to the act and the related reporting requirement until January 1, 2029. By extending the duration of this reporting requirement, the violation of which would be a 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.