Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health, and requires local enforcement agencies to enforce these provisions. Existing law defines "food facility" as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified. Existing law exempts, among others, a private home, including a registered or permitted cottage food operation, from the definition of food facility. A violation of the California Retail Food Code is generally a misdemeanor. This bill would, among other things, include a microenterprise home kitchen operation within the definition of a food facility, and would define a microenterprise home kitchen operation to mean a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets specified requirements, including, among others, that the operation has no more than one full-time equivalent food employee and has no more than $50,000 in verifiable gross annual sales. The bill would specify that the governing body of a city or county, or city and county, shall have full discretion to authorize, by ordinance or resolution, the permitting of microenterprise home kitchen operations in accordance with the provisions of this bill, except as provided. The bill would require a microenterprise home kitchen operation to be considered a restricted food service facility for purposes of certain provisions of the code, except as otherwise provided, and would exempt a microenterprise home kitchen operation from various provisions applicable to food facilities, including, among others, provisions relating to handwashing, sinks, ventilation, and animals. The bill would require the applicant for a permit to operate a microenterprise home kitchen operation to submit to the local enforcement agency written standard operating procedures that include specified information, including all food types or products that will be handled and the days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation. The bill would require an Internet food service intermediary, as defined, that lists or promotes a microenterprise home kitchen operation on its Internet Web site or mobile application to, among other things, be registered with the department, to clearly and conspicuously post on its Internet Web site or mobile application the requirements for the permitting of a microenterprise home kitchen operation, as specified, prior to the publication of the microenterprise home kitchen operation's offer of food for sale, and to submit the name and permit number of a microenterprise home kitchen operation to the local enforcement agency if it receives, through its Internet Web site or mobile application, 3 or more unrelated individual food safety or hygiene complaints in a calendar year from consumers who have made a purchase through its Internet Web site or mobile application. The bill would also make related findings and declarations. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 113789 of the Health and Safety Code proposed by AB 2178 and AB 2524 to be operative only if this bill and AB 2178, this bill and AB 2524, or all 3 bills 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.
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Existing law authorizes a processing agency that processes unpaid parking penalties to proceed under specified options to collect those penalties. Under one option, a processing agency is authorized to file an itemization of unpaid penalties with the Department of Motor Vehicles for the department to collect the penalties along with the registration of the vehicle. Existing law requires this option, starting on July 1, 2018, to include a process to provide a payment plan for indigent persons. This bill would specify that the option to collect unpaid penalties that were issued before July 1, 2018, through the department requires a process to provide a payment plan for indigent persons, as specified. The bill would make technical changes to the provisions for all the specified options to collect the unpaid parking penalty. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Suicide Prevention Act of 2000, authorizes the State Department of Health Care Services to establish and implement a suicide prevention, education, and gatekeeper program to reduce the severity, duration, and incidence of suicidal behaviors. The act authorizes the State Department of Health Care Services to contract with an outside agency to establish and implement a targeted public awareness and education campaign on suicide prevention and treatment, and requires that the target population include junior high and high school students. Existing law requires the governing board or body of a county office of education, school district, state special school, or charter school that serves pupils in grades 7 to 12, inclusive, to, before the beginning of the 2017–18 school year, adopt a policy on pupil suicide prevention, as specified, that specifically addresses the needs of high-risk groups. Existing law requires the Instructional Quality Commission to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health instruction to educate pupils about all aspects of mental health, including, among other things, depression and suicidal thoughts and behaviors, as specified. Existing law requires the Superintendent of Public Instruction to send a notice to each middle school, junior high school, and high school that encourages each school to provide suicide prevention training to each school counselor, provides information on the availability of certain suicide prevention training curriculum, informs schools about certain suicide prevention training, and describes how a school might retain those services. This bill would require a public school, including a charter school, or a private school, that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards to have printed on either side of the pupil identification cards the telephone number for the National Suicide Prevention Lifeline, and would authorize those schools to have printed on either side of the pupil identification cards the Crisis Text Line and a local suicide prevention hotline telephone number. The bill would require a public or private institution of higher education that issues student identification cards to have printed on either side of the student identification cards the telephone number for the National Suicide Prevention Lifeline, and would authorize the institution to have printed on either side of the student identification cards the Crisis Text Line, the campus police or security telephone number, or the local nonemergency telephone number, as provided, and a local suicide prevention hotline telephone number. The bill would require schools and public or private institutions of higher education subject to these requirements that have a supply of unissued, noncompliant identification cards as of January 1, 2019, to issue the noncompliant identification cards until that supply is depleted.
Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be involved in the development of their own case plans and plans for permanent placement, and the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. This bill would provide that the rights of minors and nonminors in foster care, as described above, include the right to be involved in the development of case plan elements related to placement and gender affirming health care, with consideration of their gender identity. The bill would also provide that the right of minors and nonminors in foster care to health care and mental health care includes covered gender affirming health care and gender affirming mental health care, as defined. The bill would require the State Department of Social Services, in consultation with the State Department of Health Care Services and other stakeholders, to develop guidance and describe best practices to identify, coordinate, and support foster youth seeking access to gender affirming health care and gender affirming mental health care and to incorporate current guidance on ensuring access to Medi-Cal services for transgender beneficiaries. The bill would require the department to issue written guidance by January 1, 2020. The bill would also include a statement of legislative findings and declarations.
(1) Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust. In this regard, existing law requires that a notice of default and a notice of sale be recorded and that specified periods of time elapse between the recordings and the sale. Certain laws enacted in 2012 and repealed on January 1, 2018, commonly referred to as the California Homeowner Bill of Rights, established a variety of requirements in connection with foreclosures on mortgages and deeds of trust, including restrictions on mortgage servicers actions while a borrower is attempting to secure a loan modification or has submitted a loan modification application. The foreclosure provisions of the act were generally limited to first lien mortgages and deeds of trust on owner-occupied residences, as specified. This bill would reenact various provisions of the California Homeowner Bill of Rights, as described above, and make other changes. With regard to first lien mortgages or deeds of trust on residential real property, as specified, the bill would prohibit an entity that forecloses on more than 175 real properties from recording a notice of default or notice of sale, or conducting a trustee's sale after a borrower submits a complete application for a first lien loan modification and that application is pending. The bill would require that the complete application be submitted at least 5 business days before a scheduled foreclosure sale. The prohibition on recording a notice of default or a notice of sale would continue until one of 3 specified events occur. The bill would grant a borrower 30 days to appeal if the loan modification is denied and authorize the borrower to provide evidence that the mortgage servicer's determination was in error. During this appeal period, the bill would prohibit filing a notice of default, or if that notice has already been filed, from recording a notice of sale or conducting a trustee's sale until the later of specified events. The bill would require a mortgage servicer to send a written notice to the borrower that identifies the reasons for denial and that includes certain information in connection with the denial. The bill would provide that a mortgage servicer satisfies specified telephone contact requirements if the borrower makes a written request to cease communications. This bill would also prohibit these entities from recording a notice of default until a mortgage servicer provides the borrower specified information in writing, 30 days have passed after contacting the borrower or after making diligent effort, as specified, to do so, and after compliance by the mortgage servicer with the requirements for completed applications for loan modification described above, as may be applicable. The bill would require that a notice of default include a specified declaration regarding contact with a borrower. The bill would make technical changes to provisions requiring a mortgage servicer to establish a single point of contact for a borrower requesting a foreclosure prevention alternative. In connection with the entities and mortgages and deeds of trust described above, among other things, the bill also would require a mortgage servicer that offers a foreclosure prevention alternative to send a written communication containing specified information regarding the alternative to a borrower within 5 days after recording a notice of default, except as specified. The bill would require a mortgage servicer to provide a borrower who submits a complete first lien loan modification application, or any document connected to that modification, written acknowledgment of receipt within 5 business days of receipt along with other information regarding the loan modification process. The bill would define "complete" for these purposes. The bill would prohibit recording a notice of default if a foreclosure prevention alternative is approved in writing before the notice is recorded and other specified conditions are met. If a foreclosure prevention alternative is approved after recording the notice, the bill would prohibit recording a notice of sale or conducting a trustee sale if specified conditions are met. The bill would require that a notice of default be rescinded or a pending trustee sale canceled when a borrower executes a permanent foreclosure alternative. The bill would prohibit a mortgage servicer from charging fees for a first lien loan modification or other foreclosure prevention alternative, as specified, and would require modifications and prevention alternatives previously approved to be honored following transfer or sale to another servicer. The bill would provide for liability to borrowers for material violations of these provisions, as specified, and would permit a court to award the greater of treble actual damages or specified statutory damages in cases of intention or reckless violations. Violations of certain of the provisions described above by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be deemed violations of those respective licensing laws. Because certain violations of those licensing laws are crimes, the bill would impose a state-mandated local program. The bill would provide that a mortgage servicer that engages in multiple and repeated filing of unsubstantiated documents related to foreclosure is liable for a civil penalty of up to $7,500 per mortgage or deed of trust, in an action brought by specified state and local government entities, and would also authorize administrative enforcement against specified licensees by their regulatory agencies. With regard to first lien mortgages or deeds of trust on residential real property, as specified, in connection with an entity that forecloses on fewer than 175 real properties in a reporting period, as specified, the bill would prohibit recording a notice of default, notice of sale, or conducting a trustee's sale while a complete first lien loan modification application is pending and until the mortgage servicer provides the borrower a written determination regarding his or her eligibility for the requested modification. The bill would require that the complete application be submitted at least 5 business days before a scheduled foreclosure sale. The bill would prohibit recording a notice of default if a foreclosure prevention alternative is approved in writing before the notice is recorded and other specified conditions are met. If a foreclosure prevention alternative is approved after recording the notice, the bill would prohibit recording a notice of sale or conducting a trustee sale if specified conditions are met. The bill would prescribe a process by which these entities become subject to the provisions described above that are applicable to entities that foreclose on more than 175 real properties. The bill would require modifications and prevention alternatives previously approved to be honored following transfer or sale to another servicer. The bill would authorize a borrower to seek injunctive relief to enjoin material violations certain of its provisions if a trustee's deed upon sale has not been recorded. If the deed has been recorded, the bill would provide for liability to borrowers for material violations of these provisions, as specified, and would permit a court to award the greater of treble actual damages or specified statutory damages in cases of intention or reckless violations. The bill would authorize a court to award attorney's fees and costs, as specified. Violations of certain of the provisions described above by licensees of the Department of Corporations, the Department of Financial Institutions, and the Department of Real Estate would also be deemed violations of those respective licensing laws. Because certain violations of those licensing laws are crimes, the bill would impose a state-mandated local program. The bill would make a statement of legislative intent regarding the amendment, addition, or repeal of provisions of the California Homeowner Bill of Rights that took effect on January 1, 2018, on liability incurred prior to January 1, 2018. The bill would make conforming changes and repeal duplicate provisions of law. (2) 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.
(1) Existing law prohibits the manufacture and sale of specified chlorofluorocarbons (CFCs) as aerosol propellants, limits the percentage of new motor vehicles equipped with air-conditioners that utilize CFC-based products, requires the State Air Resources Board to adopt regulations to provide for the enforcement of those provisions, and imposes a civil penalty on persons violating those provisions. This bill would apply all prohibitions on the use of class I substances, as defined, class II substances, as defined, and substitutes, as defined, under the federal Clean Air Act, as it read on specified dates, except as specified. The bill would authorize the state board to include in a specified regulation the modification of the deadlines of those prohibitions, a prohibition on the use of any substitute, and the creation and update of a list of approved substitutes, use conditions, or use limits if the state board makes certain findings for each. The bill would allow a violation of these provisions to be enjoined and would subject persons who violate these provisions to specified penalties. The bill would require all civil penalty money collected by the state board to be deposited in the Air Pollution Control Fund rather than the General Fund. Because a violation of these requirements would also be a crime, this bill would impose a state-mandated local program. This bill would establish the Fluorinated Gases Emission Reduction Incentive Program, to be administered by the state board, to promote the adoption of new refrigerant technologies to achieve short- and long-term climate benefits, energy efficiency, and other cobenefits, as specified. The bill would authorize moneys from the Greenhouse Gas Reduction Fund to be allocated for incentives offered as part of the program. This bill would require the Public Utilities Commission to consider developing a strategy for including low-global-warming-potential refrigerants in equipment funded by the energy efficiency programs overseen by the Public Utilities Commission. This bill would require the State Energy Resources Conservation and Development Commission to identify opportunities to assess the energy efficiency performance for low-global-warming-potential alternatives to current fluorinated-gas-based appliances and equipment. This bill would require the Department of Community Services and Development to consider integrating low global warming potential as part of its ongoing administration of energy efficiency programs for household appliances. (2) 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 measure would call upon the President and the United States Congress to acknowledge that the separation of immigrant children from their families at the border is detrimental to the short- and long-term physical and mental well-being of the children and incompatible with our fundamental values as a nation. The measure would also call upon the United States Congress to issue a formal apology to all child detainees who were forcibly separated from their parents and legal guardians and seized by the United States Department of Homeland Security or United States Customs and Border Protection and to the parents of those children.
This measure would urge the Congress and the President of the United States to support the retention of, and investment in, the Amtrak National Network of passenger trains, specifically the California Zephyr, the Coast Starlight, the Southwest Chief, and the Sunset Limited, as vital components of the state's rail program and would also urge Congress to reject President Trump's proposed Fiscal Year 2019 federal budget cuts to Amtrak and restore full funding for the Amtrak National Network through the appropriations process.
This measure would, among other things, call upon stakeholders in the health professions to foster the well-being of children born with variations of sex characteristics through the enactment of policies and procedures that ensure individualized, multidisciplinary care, as provided.
This measure would proclaim October 13, 2018, as Metastatic Breast Cancer Awareness Day, and requests the citizens of California, on that day, to become informed and aware of this disease.