Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment that is reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law requires the administrative director to adopt and revise periodically an official medical fee schedule establishing reasonable maximum fees paid for medical services other than physician services, drugs and pharmacy services, health care facility fees, home health care, and all other treatment, care, services, and goods. Existing law defines a "physician" for purposes of the workers' compensation laws to include physicians and surgeons, psychologists, acupuncturists, optometrists, dentists, podiatrists, and chiropractic practitioners licensed by state law and within the scope of their practice. Existing law also requires the administrative director to post certain information on the division's internet website. This bill would require the administrative director to issue a report to the Legislature, on or before January 1, 2023, comparing potential payment alternatives for providers to the official medical fee schedule. The bill would also require, on or before January 1, 2024, and annually thereafter, the administrative director to publish on the division's internet website provider utilization data for physicians, as defined above, who treated 10 or more injured workers during the 12 months before July 1 of the previous year, including the number of injured workers treated by the physician and the number of utilization review decisions that resulted in a modification or denial of a request for authorization of medical treatment based upon a determination of medical necessity. The bill would authorize the administrative director to withhold data if deemed necessary to protect patient privacy. Existing law prohibits a person or public or private entity not a party to a claim for workers' compensation benefits from obtaining individually identifiable information obtained or maintained by the division regarding that claim, except as provided. Existing law requires the administrative director to develop a cost-efficient workers' compensation information system and authorizes the administrative director to use individually identifiable information for purposes of creating and maintaining that system. This bill would require the administrative director to use individually identifiable information for purposes of creating provider medical utilization data as described above. Existing law requires a workers' compensation insurer, third-party administrator, or other entity that requires, or pursuant to regulation requires, a treating physician to obtain either utilization review or prior authorization in order to diagnose or treat injuries or diseases compensable pursuant to specified law, to ensure the availability of those services from 9 a.m. to 5:30 p.m. Pacific standard time of each normal business day. Existing law defines a normal business day for these purposes to exclude Saturdays, under specified circumstances, Sundays, and certain holidays, as described. This bill would revise the definition of a normal business day for these purposes to specifically exclude every Saturday, Sunday, and specified other holidays. The bill would also make technical changes. Existing law authorizes an insurer, employer, or entity that provides physician network services to establish or modify a medical provider network for providing medical treatment to injured employees and imposes various duties upon the insurer, employer, or entity in connection with the network. Existing law requires every medical provider network to post on its internet website a roster of all treating physicians in the medical provider network and requires every network to provide to the administrative director the internet website address of the network and of its roster of treating physicians. Existing law requires the administrative director to adopt a medical treatment utilization schedule. Existing law authorizes the administrative director to investigate complaints and to conduct random reviews of approved medical provider networks. This bill would, commencing July 1, 2021, require every medical provider network to post on its internet website a roster of participating providers and to provide to the administrative director the internet website address of the network and of its roster of participating providers. The bill would revise the authority of the administrative director by giving the administrative director authority and discretion to investigate complaints, conduct random reviews, and take enforcement action against medical provider networks, an entity that provides ancillary services, as defined, or an entity providing services for or on behalf of the medical provider network or its providers, regarding noncompliance with, among others, the internet address and roster requirements imposed on those networks. Existing law requires a physician providing treatment to send a request for authorization for medical treatment to the claims administrator. Existing law requires a provider's itemized request for payment to be submitted to an employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services for services provided on or after January 1, 2017. This bill would prohibit an entity other than the requesting physician or provider from altering or amending a request for authorization for medical treatment prior to the submission of the request to the claims administrator, and would state that this provision is declaratory of existing law. The bill would require an itemized request for payment for services to be submitted to an employer with the physician's or provider's national provider identifier number. Existing law requires the administrative director to adopt a schedule for payment of home health care services that are not covered by a Medicare fee schedule and are not otherwise covered by the official medical fee schedule described above. Existing law authorizes a health care provider or licensed health facility and a contracting agent, employer, or carrier to contract for reimbursement rates different from those in the fee schedule. This bill, on and after July 1, 2021, would require an entity that provides physician or ancillary network service to provide a payor with a written disclosure of the reimbursement amount paid to the provider with a rate sheet if a contracted reimbursement rate is more than 20% below the official medical fee schedule, as specified. The bill would authorize an entity that provides physician or ancillary network services to require a payor to sign a nondisclosure agreement before providing that disclosure.
Sponsored bills
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. The act defines "mass mailing" to mean over two hundred substantially similar pieces of mail, and defines "mass electronic mailing" to mean sending more than 200 substantially similar pieces of electronic mail within a calendar month. The act prohibits a candidate or committee from sending a mass mailing or mass electronic mailing unless certain information regarding the source of the mailing is shown in or on the mailing, as specified. The act also regulates political advertisements. The act requires certain advertisements paid for by a committee to include the words "Ad paid for by" in the advertisement. The act requires electronic media advertisements, other than email messages or internet websites, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to comply with certain disclosure requirements. The act requires certain committees to include a hyperlink to an internet website disclosing, among other things, the committee's "top contributors," as defined, in an electronic media advertisement. This bill would authorize a committee to instead include the words "Paid for by" or "With" in an advertisement that is a text message. The bill would require a committee other than a candidate controlled committee established for an elective office of the controlling candidate to include in certain text message advertisements that are not individually sent without the assistance of mass distribution technology the text "Paid for by" or "With" followed by either the name of the committee or a hyperlink or URL for an internet website containing certain disclosures, as specified. The bill would require a candidate controlled committee established for an elective office of the controlling candidate to disclose the name of the candidate and the office sought in those same types of text messages. The bill would require a committee with top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text "Top funders:" followed by the name of the single top contributor of $50,000 or more, or the names of the top two contributors of $50,000 or more, to the committee paying for the advertisement, as specified. The bill would prescribe certain requirements for the color and size of the text in the text message and the disclosures on the internet website. Because a violation of the requirements of the bill would be a crime under an existing provision of the act, the bill would impose a state-mandated local program by expanding the definition of a crime. This bill would incorporate additional changes to Section 84502 of the Government Code proposed by AB 864 to be operative only if this bill and AB 864 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law establishes the Department of Technology within the Government Operations Agency, which is supervised by the Director of Technology. Existing law authorizes the director and the department to exercise various powers in creating and managing the information technology policy of the state. Existing law includes among the director's duties the duty to perform enterprise information technology functions and services, including, but not limited to, implementing Geographic Information Systems (GIS) , shared services, applications, and program and project management activities in partnership with the owning agency or department. Existing law requires every operator of a subsurface installation, including specified private entities and any state or local public agency except the Department of Transportation, to become a member of, participate in, and share in the costs of, a regional notification center, defined to mean a nonprofit association or other organization of operators of subsurface installations that provides advance warning of excavations or other work close to existing subsurface installations, for the purpose of protecting those installations from damage, removal, relocation, or repair. This bill would authorize the Department of Technology to provide GIS data to a regional notification center, as specified. The bill would require the department to collect payment from a regional notification center to cover its reasonable costs for providing GIS data pursuant to those provisions. The bill would provide that a state agency is not liable to a regional notification center or other third party for providing GIS data pursuant to these provisions. Existing law requires an excavator to notify the appropriate regional notification center of the excavator's intent to excavate at least 2 working days, and not more than 14 calendar days, before conducting the excavation. Existing law requires a city or county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. This bill would require a city or county to include a reference in an application to install a solar energy system to the requirement to notify the appropriate regional notification center before conducting an excavation, including, but not limited to, installing a grounding rod. The bill would require the Governor's Office of Planning and Research to, no later than January 1, 2021, include a reference in the California Solar Permitting Guidebook of the requirement to notify the appropriate regional notification center of the excavator's intent to excavate. The bill would prohibit a city or county from being liable for any damages associated with the failure of a person required to obtain a solar energy system permit to notify the appropriate regional notification center of an intended excavation. By requiring cities and counties to include specified information in the application documents for a solar energy system, 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.
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law prohibits a public utility, other than certain common carriers, from selling, leasing, assigning, mortgaging, or otherwise disposing of, or encumbering its assets that are necessary or useful in the performance of its duties to the public by any means with any other public utility, unless the public utility has secured an order from the commission to do so for a qualified transaction above $5,000,000 or an approval from the commission through the filing of an advice letter for a qualified transaction at or below $5,000,000. This bill would eliminate the requirement that the above-described transactions be with another public utility to be subject to those conditions on approval. The bill would explicitly require the commission to approve or reject any voluntary or involuntary change in ownership of assets from an electrical or gas corporation to ownership by a public entity and would require the commission to determine whether that transaction is fair and reasonable to the affected public utility employees as part of that review. (2) Existing law prohibits a person or corporation, including a public entity, from merging, acquiring, or controlling, as described, either directly or indirectly, any public utility organized and doing business in this state without first securing authorization to do so from the commission. Before authorizing the merger, acquisition, or control of any electrical, gas, or telephone corporation organized and doing business in this state, where any of the entities that are parties to the proposed transaction has gross annual California revenues exceeding $500,000,000, existing law requires the commission to consider specified criteria and to find that the merger, acquisition, or control proposal meets certain requirements and is in the public interest, as specified. This bill would require the commission, before authorizing a merger, acquisition, or change in control of an electrical or gas corporation, where an entity to the proposed transaction has gross annual California revenues exceeding $400,000,000, to additionally consider specified elements relating to the safety activities of an electrical or gas corporation, including a nonpunitive system for reporting potential safety incidents to the commission, and find, on balance, that the proposal is in the public interest. The bill would authorize the commission to delay the requirement that the commission consider these specified elements and find, on balance, that the proposal is in the public interest, until July 1, 2021, or until the commission adopts rules implementing this requirement, whichever is earlier. The bill would prohibit subjecting an employee of, or the employee of a contractor performing work for, the electrical or gas corporation to demotion, discharge, or any other form of retaliation or discrimination for participating in the nonpunitive system for reporting potential safety incidents. The bill would eliminate the requirement for these reviews for a change in ownership in the assets of an electrical or gas corporation to ownership by a public entity. (3) Under existing law, a violation of any provision of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill are within the act and a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing the bill's requirements 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.
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , the State Air Resources Board, electrical corporations, and the motor vehicle industry, to evaluate policies to develop infrastructure sufficient to overcome any barriers to the widespread deployment and use of plug-in hybrid and electric vehicles. Existing law requires the PUC, in consultation with the Energy Commission and the State Air Resources Board, to direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification to achieve specified results. Existing law requires the PUC to approve, or modify and approve, programs and investments in transportation electrification, including those that deploy charging infrastructure, through a reasonable cost recovery mechanism, under certain circumstances. Existing law requires the PUC to consider facilitating the development of technologies that promote grid integration. This bill would require the PUC, by December 31, 2020, in an existing proceeding, to establish strategies and quantifiable metrics to maximize the use of feasible and cost-effective electric vehicle grid integration by January 1, 2030, as specified. The bill would require the PUC to reference the electric vehicle grid integration strategies in relevant ongoing and subsequent proceedings that address issues of transportation electrification in any part and to identify how programs and investments that the PUC may approve will advance the achievement of the strategies. The bill would require the PUC, when executing its transportation electrification responsibilities, to consider how, or if, electric vehicle grid integration can mitigate any generation, transmission, or distribution costs, or increase the economic, social, or environmental benefits associated with transportation electrification, and to not foreclose future utilization of electric vehicle grid integration. The bill would require electrical corporations and community choice aggregators to provide to the PUC certain information relating to the electric vehicle integration strategies. The bill would require each local publicly owned electric utility serving more than 700 gigawatthours of annual electrical demand, in each integrated resource plan update adopted on and after January 1, 2020, to consider establishing electric vehicle grid integration strategies and evaluating how its existing and planned programs further those strategies. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the above provisions amend the Public Utilities Act, and the PUC would be required to issue an order, decision, rule, direction, demand, or requirement to implement those provisions, a violation of any of which would be a crime, this bill would impose a state-mandated local program. Further, because the bill would impose additional duties on local publicly owned electric utilities and community choice aggregators, which are local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, with specified exceptions, directs the commission to require any call identification service offered by a telephone corporation, or by any other person or corporation that makes use of the facilities of a telephone corporation, to allow the caller to withhold, on an individual basis, the display of the caller's telephone number from the telephone instrument of the individual receiving the call. However, existing law prohibits a caller from withholding the display of the caller's business telephone number when that number is being used for telemarketing purposes. Existing federal law, with certain exceptions, makes it unlawful for any person within the United States, in connection with any telecommunications service or internet protocol enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value and authorizes the chief legal officer of a state, or any other state officer authorized by law to bring actions on behalf of the residents of a state, to bring a civil action on behalf of the residents of the state in an appropriate district court of the United States to enforce this prohibition. This bill would require a telecommunications service provider, on or before January 1, 2021, to implement specified technological protocols or alternative technology that provides comparable or superior capability to verify and authenticate caller identification for calls carried over an internet protocol network. The bill would authorize the commission and the Attorney General to bring an action pursuant to the above-described federal law and would authorize the commission, at the request of the Attorney General, to work with the Attorney General for the purpose of enforcing specified parts of that law.
Existing law, the Financial Institutions Law, regulates the activities of various financial entities, including commercial banks, industrial banks, trust companies, credit unions, and savings associations. The Banking Law defines and regulates state banks and commits the enforcement of banking laws to the Commissioner of Business Oversight. Existing law prohibits a county from giving or loaning its credit to, or in aid of, any person or corporation. Existing law requires a local agency, as defined, to deposit all money belonging to, or in the custody of, that local agency into specified state or national banks, as defined. Existing law regulates the investment of public funds by local agencies. Existing law, the Nonprofit Corporation Law, regulates the formation and conduct of a nonprofit mutual benefit corporation and a nonprofit public benefit corporation. This bill would define the term "bank" for purposes of the Financial Institutions Law and the Banking Law to include a public bank. The bill would define the term "public bank" to mean a corporation, organized as either a nonprofit mutual benefit corporation or a nonprofit public benefit corporation for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, as specified, local agencies, or a joint powers authority. The bill would require a public bank to obtain a certificate of authorization to transact business as a bank from the commissioner and to obtain and maintain insurance, subject to specified requirements. The bill would prohibit the commissioner from issuing more than 2 public bank licenses, as defined, in a calendar year and would prohibit the commissioner from authorizing more than 10 public banks at one time. The bill would require a public bank to include a specified purpose statement in its articles of incorporation and make conforming changes. The bill would require a local agency to conduct and approve, as specified, a study of the viability of a public bank containing specified elements before submitting an application to the commissioner to organize and establish a public bank and would require the local agency to include a copy of that study in the application submitted to the commissioner. The bill would require a local agency that is not a charter city to obtain voter approval of a motion to submit an application to the commissioner, as specified. The bill would authorize a county to lend its available funds to a public bank. The bill also would authorize a local agency to deposit funds in a public bank, and to invest in a public bank, subject to certain requirements. The bill would authorize a public bank to make distributions to its members. The bill would require, as specified, a public bank to conduct retail activities in partnership with local financial institutions and would prohibit a public bank from competing with local financial institutions. The Corporation Tax Law imposes a franchise tax on financial corporations, but provides that the tax is in lieu of all other state and local taxes and licenses, with certain exceptions. That law also exempts specified classes of entities from the franchise and income taxes imposed by that law, including state-chartered credit unions. This bill would additionally exempt from those franchise and income taxes any public bank. This bill would also exempt a public bank from all other state and local taxes and licenses, with certain exceptions. Existing law, the Ralph M. Brown Act, requires that all meetings of the legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. This bill would authorize the governing board of a public bank or a committee of that governing board to meet in a closed session to consider and take action on matters pertaining to a loan or investment decision, a decision of the internal audit committee, the compliance committee, or the governance committee, and a meeting with a state or federal regulator. The bill would authorize a public bank to make all information received by a shareholder, member, or owner of a public bank confidential, as specified. Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. This bill would exempt specified information and records of a public bank, and related decisions of the directors, officers, and managers of the public bank, from the disclosure requirements of the act, including, among others, records related to alternative investments of the bank, as specified, meeting materials of any closed session, a record containing information regarding a portfolio position in which the public bank invests, information related to a specific account in the bank, and specified correspondence related to meetings with, or a memorandum or letter received from, state and federal banking regulators. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
(1) Existing law establishes the State Coastal Conservancy, and prescribes the membership and functions and duties of the conservancy with regard to the protection, preservation, and enhancement of specified coastal lands in the state. Existing law authorizes the conservancy to address the impacts and potential impacts of climate change on resources within its jurisdiction, and to undertake certain projects within that designated area. Existing law authorizes the conservancy to award grants to public agencies and nonprofit organizations for certain projects that address the effects of climate change, and, to the extent allowed, to prioritize projects that maximize public benefits, including, but not limited to, reducing emissions of greenhouse gases, reducing hazards to harbors and ports, preserving and enhancing coastal wetlands and natural lands, conserving biodiversity, and providing recreational opportunities. The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters at the June 5, 2018, statewide primary direct election as Proposition 68, authorizes the issuance of bonds in the amount of $4,000,000,000 for the purpose of financing a drought, water, parks, climate, coastal protection, and outdoor access for all program. The act authorizes, upon appropriation by the Legislature, $40,000,000 of those bond funds for projects that assist coastal communities, including those reliant on commercial fisheries, with adaption to climate change, including projects that address ocean acidification, sea level rise, or habitat restoration and protection, among other things. Existing law requires the Office of Planning and Research, in coordination with appropriate entities, to establish a clearinghouse for climate adaption information, as provided. This bill would require specified things of the conservancy when it allocates any funding appropriated pursuant to the act, including that it prioritize projects that use natural infrastructure, as defined, in coastal communities to help adapt to climate change. The bill would require the conservancy to provide information to the Office of Planning and Research on any projects funded pursuant to the above provision to be considered for inclusion into the clearinghouse for climate adaption information. The bill would authorize the conservancy to provide technical assistance to coastal communities to better assist them with their projects that use natural infrastructure. (2) Existing law requires the Natural Resources Agency every 3 years to update the state's climate adaptation strategy, known as the plan. As part of the update, existing law requires the agency to coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. Existing law requires state agencies to work to maximize specified objectives, including the objective of promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation. Existing law defines natural infrastructure for these purposes. This bill would revise the definition of natural infrastructure. (3) Existing law requires each local planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries that in the planning agency's judgment bears relation to its planning. Existing law requires the plan to contain specified elements, including a safety element, which existing law requires to be reviewed and updated as necessary to address climate adaption and resiliency strategies, as provided. Existing law requires the review to include specified things, including a set of feasible implementation measures designed to carry out goals, policies, and objectives, as provided, including the identification of natural infrastructure that may be used in adaption projects. Existing law defines natural infrastructure for these purposes. This bill would revise the definition of natural infrastructure. To the extent the bill would impose additional duties on a local planning agency, the bill would create a state-mandated local program. (4) This bill would incorporate additional changes to Section 65302 of the Government Code proposed by SB 99 and SB 182 to be operative only if this bill and SB 99 or SB 182, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 31113 of the Public Resources Code proposed by SB 576 to be operative only if this bill and SB 576 are enacted and this bill is enacted last. (6) 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 proclaim September 29, 2019, as Gold Star Mothers' and Families' Day.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits the sale, distribution, or nonsale distribution of tobacco products, as defined, directly or indirectly to any person under 21 years of age through the United States Postal Service or through any other public or private postal or package delivery service. Existing law requires a person selling or distributing tobacco products directly to a consumer through the United States Postal Service or by another postal or package delivery service to comply with specified age-verification policies and deliver only to the consumer's verified mailing or billing address, as applicable. Existing law authorizes enforcing agencies to assess civil penalties for violations of the STAKE Act. This bill would additionally require sellers, distributors, and nonsale distributors to deliver tobacco products only in conspicuously marked containers, as specified, and to obtain the signature of a person 21 years of age or older before delivering a tobacco product. The bill would allow a person to designate an address for delivery that is different from the person's mailing or billing address, if the person's mailing or billing address has been verified in accordance with specified provisions.