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 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond. Existing law, the California Climate Crisis Act, declares the policy of the state both to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and achieve and maintain net negative greenhouse gas emissions thereafter, and to ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 85% below the 1990 levels. This bill would, for the purpose of meeting, or tracking progress against, any state requirement to achieve net zero emissions of greenhouse gases, authorize only qualified carbon dioxide removal, as defined, to be used to counterbalance the state's or an entity's greenhouse gas emissions and would require qualified carbon dioxide removal used for those purposes to meet certain requirements, as specified. Existing law requires the state board to establish a Carbon Capture, Removal, Utilization, and Storage Program to, among other things, evaluate the efficacy, safety, and viability of carbon capture, utilization, or storage technologies and carbon dioxide removal technologies and facilitate the capture and sequestration of carbon dioxide from those technologies, where appropriate. In furtherance of the objectives of that program, existing law authorizes the state board, by January 1, 2024, to adopt protocols to support additional methods of utilization or storage of captured carbon dioxide. This bill would indefinitely authorize the state board to adopt those protocols, and protocols to support methods of utilization or storage of removed carbon dioxide.
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Existing law requires the State Water Resources Control Board to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program. Existing law requires the plan to include, among other things, a description of the method for collecting moneys to support and implement the program and a description of the method for determining the amount of moneys that may need to be collected from water ratepayers to fund the program. This bill would establish the Water Rate Assistance Program. As part of the program, the bill would establish the Water Rate Assistance Fund in the State Treasury, available upon appropriation by the Legislature, to provide water affordability assistance, for both residential water and wastewater services, to low-income residential ratepayers, as specified. The bill would require the state board to take various actions in administering the fund, including, among other things, tracking and managing revenue in the fund separately from all other revenue. The bill would require the state board, in consultation with relevant agencies and after a public hearing, to adopt guidelines for implementation of the program and to adopt an annual report to be posted on the state board's internet website identifying how the fund has performed, as specified. The bill would require the guidelines to include minimum requirements for eligible systems, including the ability to confirm eligibility for enrollment through a request for self-certification of eligibility under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require the state board to take various actions in administering the program, including, but not limited to, providing guidance, oversight, and funding for low-income rate assistance for residential ratepayers of eligible systems. The bill would authorize the Attorney General, at the request of the state board, to bring an action in state court to restrain the use of any method, act, or practice in violation of these provisions, except as provided. The bill would make the implementation of all of these provisions contingent upon an appropriation by the Legislature. 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 Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information that is collected or sold by a business. The CCPA defines various terms for these purposes. The California Privacy Rights Act of 2020 (CPRA) , approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA. Existing law requires, on or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, as defined, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made available to Californians for use, regardless of whether the terms of that use include compensation, a developer of the system or service to post on the developer's internet website documentation, as specified, regarding the data used to train the generative artificial intelligence system or service. This bill would impose a duty on a covered deployer, defined as a business that deploys a high-risk artificial intelligence system that processes personal information, to protect personal information held by the covered deployer, subject to certain requirements. In this regard, the bill would require a covered deployer whose high-risk artificial intelligence systems process personal information to develop, implement, and maintain a comprehensive information security program, as specified, that contains administrative, technical, and physical safeguards that are appropriate for, among other things, the covered deployer's size, scope, and type of business. The bill would require the program described above to meet specified requirements, including, among other things, that the program incorporates safeguards that are consistent with the safeguards for the protection of personal information and information of a similar character under applicable state or federal laws and regulations. Existing law, the Unfair Competition Law, establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and establishes remedies and penalties in that regard, including injunctive relief and civil penalties. This bill would specify that a violation of the above-described provisions relating to the duty of a covered deployer to protect information, including the requirement that a covered deployer maintain the comprehensive information security program described above, constitute a deceptive trade act or practice under that law. Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. This bill would authorize the agency to adopt regulations pursuant to the act to implement these provisions, and would exempt, notwithstanding that provision, any regulations adopted by the agency to establish fees from the act. The bill would define various terms for these purposes. The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
(1) Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. "?>Existing law authorizes air districts to establish a permit system to require, with specified exceptions, that a person obtain a permit before constructing or operating any article, machine, equipment, or contrivance that may cause the issuance of air contaminants. Existing law prohibits an air district from issuing a permit to a Title V source, as defined, if the Administrator of the United States Environmental Protection Agency objects to its issuance, as specified. Existing law requires each district with moderate, serious, or severe air pollution to include certain measures in its plan to attain state ambient air quality standards, including the use of best available control technology for any new or modified stationary source, and the use of best available retrofit control technology for all existing stationary sources, under certain circumstances, as prescribed. Under the federal Clean Air Act, a new or modified major stationary source is required to meet various requirements in order to obtain a permit to operate, including a requirement that the source employs best available control technology on its emission-emitting equipment. This bill would establish definitions for the terms "best available control technology" and "best available retrofit control technology" for purposes of the laws governing air pollution and would set forth various requirements for the determination of best available control technology. The bill would require an air district to submit a proposed permit for a Title V source to the executive officer of the state board. The bill would require the executive officer to review the permit and, if the executive officer determines that the permit does not comply with the federal Clean Air Act or state law governing air pollution, to object to the issuance of that permit. If the executive officer objects to the issuance of a permit, the bill would prohibit the air district from finalizing that permit without revising it to address the objection to the satisfaction of the executive officer. The bill would also authorize any person to petition the executive officer to object to a proposed Title V permit within 30 days of the executive officer's receipt of the proposed permit, as specified. The bill would require an applicant for a renewal of a Title V permit to submit a technical feasibility analysis to the air district as part of its application for the renewal of that permit if the facility's current effective operating permit includes equipment or control apparatus that meets certain criteria. The bill would require an air district to require best available retrofit control technology to be applied at each piece of equipment or source category identified in the technical feasibility analysis and would authorize an air district to impose measures more stringent than those proposed by the applicant, as specified. (2) Existing law requires the state board to implement a program to assist air districts to improve efficiencies in the issuance of permits and requires that program to include a process to precertify simple, commonly used equipment and processes as being in compliance with air quality rules and regulations, to expedite permitting of air pollution sources. Existing law requires the California Environmental Protection Agency to evaluate the feasibility of expanding the precertification program to involve other state and local regulatory agencies with jurisdiction over other environmental media. This bill would revise the precertification program including by requiring the state board to update criteria and guidelines for precertification at least once every 8 years. The bill would authorize the precertification program to include the identification of equipment, controls, fuels, and processes, as specified. As part of the precertification program, the bill would authorize the state board to prescribe rules to establish a voluntary program for the temporary assignment or loan of employees within an agency, or between agencies or jurisdictions, including air districts, on a limited-term basis, to enable the state to obtain expertise needed to meet a compelling program need. The bill would authorize the California Environmental Protection Agency to expand the precertification program to involve other state and local regulatory agencies with jurisdiction over other environmental media. (3) Existing law requires every air district, except as provided, to establish a program to provide for the expedited review of permits. Existing law requires that expedited permit system to include, among other things, a precertification program for equipment that is mass-produced and operated by numerous sources under the same or similar conditions and a training and certification program for private sector personnel, as specified. This bill would eliminate the requirement that the expedited permit system include a precertification program established by the applicable air district. The bill would instead require the expedited permit system to include an expedited permit review pathway for permit applications that propose to use equipment and processes identified through the state board's precertification program described above, as specified. The bill would also eliminate the requirement that the expedited permit system include a training and certification program and would instead require the publication of online training resources for private sector personnel that explain expedited permitting pathways. (4) Existing law requires the state board to establish and maintain a statewide clearinghouse that identifies the best available control technology and best available retrofit control technology for criteria air pollutants, and related technologies for the control of toxic air contaminants. When updating best available control technology determinations, existing law requires a district to use the information in the statewide clearinghouse. This bill would require the state board to periodically issue determinations to suggest best available control technology, and best available retrofit control technology, for any class or category of sources and to establish best available control technology for the control of toxic air contaminants for any class or category of sources. The bill would authorize members of the public to petition the state board to issue a determination. (5) Existing law authorizes the state board to appoint employees and prescribe their duties. This bill would authorize the state board and any district to temporarily loan and assign staff members to each other, via a memorandum of agreement, for any lawful purpose. (6) Existing law generally makes any violation of a rule or regulation of the state board or an air district relating to nonvehicular air pollution control a misdemeanor. To the extent that the bill would expand the definition of a crime, this bill would impose a state-mandated local program. (7) By expanding the duties of air districts, the bill would impose a state-mandated local program. (8) 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.
(1) Existing law establishes the State Energy Resources Conservation and Development Commission and prescribes the authorities, duties, and responsibilities of the commission pertaining to energy matters. Existing law requires the commission, on or before January 1, 2019, in consultation with the Contractors State License Board, local building officials, and other stakeholders, to approve a plan that promotes compliance with specified regulations relating to building energy efficiency standards in the installation of central air-conditioning and heat pumps, as specified. Existing law authorizes the commission to adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the above-described plan. The bill would require a city, county, or city and county to adopt and offer asynchronous inspections for installations of residential heat pump water heater or heat pump HVAC systems, as defined, that do not require a licensed contractor and building inspector to be simultaneously present during the inspection. The bill would authorize a building inspector to contact the licensed contractor who performed the installation by telephone call or real-time video conferencing during their inspection, and, if the building inspector determines during an asynchronous inspection that there is an issue with an installation of the heat pump water heater or heat pump HVAC system and that the licensed contractor who performed the installation must be present to perform tests or cure the installation, to require the licensed contractor who performed the installation to schedule an additional inspection in which the building inspector and the licensed contractor who performed the installation are required to be simultaneously present during the additional inspection. The bill would specify that these provisions do not require a local entity described above to discontinue offering inspections for the installation of a residential heat pump water heater or heat pump HVAC system that require a building inspector and licensed contractor to be simultaneously present. The bill would authorize a city, county, or city and county, except as specified, to issue up to one nondiscretionary permit per installation of a residential heat pump water heater or heat pump HVAC system in which the local entity administratively approves an application to install the residential heat pump water heater or heat pump HVAC system. The bill would authorize a city, county, or city and county to apply only certain additional building, planning or zoning, or workforce labor standards on the installation of a residential heat pump water heater or residential heat pump HVAC system, including additional standards that conform to local laws, including reach codes, designed to encourage the adoption of zero-emission equipment or improvement of building efficiency. The bill would prohibit a local entity described above from requiring a permit or inspection for plug-in ready window air-conditioner or window heat pump HVAC systems, provided that certain requirements are met, including that the appliance has a voltage rating of 120 volts or less and the appliance is a self-contained unit. The bill would require the commission, on or before July 1, 2026, to develop standardized permitting checklists, as prescribed, for local governments to use in the permitting process for installations of residential heat pump water heater or heat pump HVAC systems, as specified, subject to certain requirements, including that the standardized permitting checklists do not exceed 2 pages in length. The bill would require a city, county, or city and county, on or before July 1, 2027, to implement an online automated permitting process that verifies code compliance and issues permits in real time within the same day of the application being submitted to a licensed contractor for the installation of a residential heat pump water heater or residential heat pump HVAC system. The bill would require a permit to be issued pursuant to the automated permitting process, upon discretion of the administering jurisdiction, if the installation complies with the checklist requirements. The bill would require the local entity to publish and make publicly available, among other things, checklists on their internet website. The bill would require the local entity to allow an applicant to, among other things, submit an automated permit application and associated documentation electronically. The bill would, upon confirmation by the local entity that the application and supporting documents are complete and meet the checklist requirements, require the local entity to approve the application and issue all required permits or authorizations. The bill would, upon receipt of an incomplete application, require the local entity to issue a written correction notice, as specified. The bill would exempt from these requirements a city with a population of fewer than 5,000 persons or a county with a population of fewer than 150,000 persons, as specified. The bill would, except as provided, prohibit a city, county, or city and county from charging a permit fee for a residential heat pump water heater and heat pump HVAC system that exceeds the estimated reasonable cost of providing the service for which the fee is charged, subject to specified requirements, including that the permit fee for a residential heat pump water heater system does not exceed $50. The bill would, notwithstanding that provision, authorize a local entity described above to charge a permit fee for the installation of a residential heat pump water heater or heat pump HVAC system that exceeds the above-described fee limit, as specified, if the local entity, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit, and would prohibit a local entity described above from applying additional charges above the advertised fee schedule. The bill would include findings and declarations related to these provisions. (2) Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Among other things, the act makes a provision of the governing documents, as defined, or architectural or landscaping guidelines or policies void and unenforceable if, among other things, the provision prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. This bill would additionally make any provision of the governing documents, architectural guidelines, or policies void and unenforceable if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable. (3) The 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. (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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law makes it a crime to possess, cultivate, and administer specified controlled substances, including psilocybin and psilocyn. Existing law makes it a crime for a person to rent, lease, or make available for use any building or room for the purpose of storing or distributing any controlled substance. This bill would, until January 1, 2031, request the University of California to establish local pilots in up to 5 counties to allow for the research and development of psilocybin services for veterans and former first responders as part of the Veterans and Former First Responders Research Pilot Program ("Pilot Program") . The bill would require these university partners, overseeing each Pilot Program to be responsible for protocol design, institutional review board approvals, training of psilocybin facilitators, data collection, and reporting. The bill would require each local pilot to partner with licensed health care and licensed community-based providers that provide services and care to the target population. The bill would require psilocybin to be provided by or under the supervision of a practitioner who has experience in providing or overseeing psilocybin or other psychedelic therapy services. The bill would require that each person being considered for the Pilot Program meet specified criteria, including that they are 21 years of age or older and have been given specified assessments. This bill would request the University of California to report specified information about the Pilot Program to the Legislature, the Secretary of California Health and Human Services, and the Governor by January 15, 2030. The bill would establish the Veterans and Former First Responders Research Pilot Special Fund and would continuously appropriate the fund to the University of California for the purposes of these provisions. The bill would request the University of California to apply for and accept grants, donations, and federal funding for the purposes of the Pilot Program, and would require those moneys to be deposited in the fund.
Existing law requires the State Board of Education to adopt statewide academically rigorous content standards in the core curriculum areas of reading, writing, mathematics, history/social science, and science, as specified. Existing law requires the Instructional Quality Commission to, among other things, recommend curriculum frameworks to the state board and develop criteria for evaluating instructional materials. This bill would require the state board to, on or before January 1, 2028, develop and adopt academically rigorous content standards for ethnic studies instruction in high school. The bill would require the commission, on or before January 1, 2028, to review and recommend to the state board curriculum frameworks and instructional materials for ethnic studies instruction in high school, as specified. The bill would require the state board to provide the commission with evaluation criteria to use in providing its review and recommendations. The bill would state the intent of the Legislature to enact subsequent legislation to establish an advisory committee with a majority of the advisory committee's members being experts in African American studies, Asian American and Pacific Islander studies, Native American studies, and Latino and Chicanx studies, to provide input to the state board on proposed content standards and to the commission on proposed curriculum frameworks and instructional materials for ethnic studies instruction in high school. Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, commencing for pupils graduating in the 2029–30 school year, the completion of a one-semester course in ethnic studies meeting specified requirements. Under existing law, the requirement to complete an ethnic studies course may be fulfilled by the completion of, among others, a course based on the model curriculum developed by the Instructional Quality Commission, an ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University, or a locally developed ethnic studies course approved by the governing board of a school district or the governing body of a charter school. Existing law requires the curriculum, instruction, and instructional materials for these ethnic studies courses to meet specified requirements, including that they not reflect or promote any bias, bigotry, or discrimination against any person or group of persons on the basis of certain characteristics. Existing law makes these provisions relating to ethnic studies courses operative only upon an appropriation of funds by the Legislature for purposes of these provisions. This bill would require the curriculum, instruction, and instructional materials for any high school ethnic studies course, including ethnic studies courses meeting high school graduation requirements, to meet the above-described requirements, and would require the curriculum, instruction, and instructional materials for all high school ethnic studies courses to additionally, among other things, foster multicultural respect and understanding and focus on the domestic experience and stories of historically marginalized peoples in American society. To the extent that the bill would impose new duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require a school district, county office of education, or charter school to provide, on or before June 30, 2026, the State Department of Education with a copy of all curricula, instruction, and instructional materials in ethnic studies that schools offer or plan to offer to pupils in any of grades 9 to 12, inclusive, and the adoption calendar for curricula, instruction, and instructional materials in ethnic studies proposed for adoption by the governing board or body of the local educational agency for instruction to these pupils. The bill would require a local educational agency that does not have an ethnic studies course in place for its pupils in any of grades 9 to 12, inclusive, on or before June 30, 2026, to provide the department with a copy of all curricula, instruction, and instructional materials in ethnic studies that its schools seek to adopt at least 60 days before being first presented at a public meeting of the governing board or body of the local educational agency for instruction to these pupils. The bill would require the department to post the information received pursuant to these requirements on its internet website. To the extent that the bill would impose new duties on local educational agencies, it would impose a state-mandated local program. The bill would require the department to monitor compliance with the requirements of this bill as part of its annual compliance monitoring of state and federal programs and to provide a report to the relevant policy and fiscal committees of the Legislature summarizing the data collected through compliance monitoring, as specified. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment and housing discrimination, including various types of discrimination because of national origin. Existing law empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing labor law also prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law additionally makes it unlawful for an employer to request more or different immigration documents than are required under federal law, to refuse to honor documents tendered that reasonably appear to be genuine, and to take other related actions concerning employee work authorization documents. Existing law authorizes an applicant for employment or an employee who is subject to an unlawful act that is prohibited by these provisions, or a representative of that applicant for employment or employee, to file a complaint with the Division of Labor Standards Enforcement. Existing law establishes specified civil penalties for a violation of these provisions. This bill would require each employee, upon request, to be released by their employer for up to 5 unpaid working days within a 12-month period in order to attend appointments, interviews, adjudications, legal proceedings, detainment, or any other meeting at which the employee's presence is required concerning the employee's immigration status, work authorization, visa status, or any other immigration-related matter, as specified. The bill would also require a postintroductory employee, as defined, whose employment has been terminated due to an inability to provide documentation of proper work authorization, to be immediately reinstated to their former classification without loss in seniority, subject to producing proper work authorization, except as provided. The bill would also require an employer, if the employee demonstrates a need for additional time, to rehire the employee into the next available opening in the employee's former classification, as a new hire without retaining seniority, subject to the employee providing proper work authorization and meeting certain other conditions. This bill would require an employer that is notified that an employee has been detained or incarcerated as a result of pending immigration or deportation proceedings, to place the employee on an unpaid leave of absence for a period pending the employee's release from detainment or incarceration and not to exceed 12 months. If the employee is released and provides appropriate work authorization documentation within the period of the authorized unpaid leave of absence, the bill would require the employer to return the employee to their former job classification without loss of seniority, except as specified. This bill would apply the above requirements to a public or private employer, but would exempt a public or private employer with 25 or fewer employees. The bill would prohibit each public or private employer from disciplining, discharging, or discriminating against an employee because of national origin or immigration status, or solely because the employee is subject to immigration or deportation proceedings, except as required to comply with the law. The bill would prohibit an employee subject to immigration or deportation proceedings from being discharged solely because of those proceedings, so long as the employee is authorized to work in the United States. This bill would provide that its provisions do not invalidate a collective bargaining agreement or a memorandum of understanding that contains a provision addressing rehire or reinstatement rights or leave rights regarding employees who are subject to immigration proceedings, nor does it supersede the seniority provisions of a collective bargaining agreement or a memorandum of understanding. The bill would require the Labor Commissioner to enforce the bill's provisions. This bill would make these provisions inoperative on July 1, 2029, and would repeal them on January 1, 2030.
Existing law sets forth various provisions on the wearing of a mask for health purposes. These circumstances include, among others, a statewide stockpile of personal protective equipment (PPE) in the event of a pandemic, wildfire smoke event, or other health emergency; employer-supplied PPE to employees who provide direct patient care in a general acute care hospital; employees of commercial cannabis businesses wearing a mask for respiration; and providing peace officers with an appropriate portable manual mask and airway assembly for use when applying cardiopulmonary resuscitation to prevent the spread of communicable disease. Under this bill, an individual would have the right to wear a health mask on their face in a public place for the purpose of protecting their individual health or the public health, with regard to communicable disease, air quality, or other health factors. The bill would define a health mask and a public place for purposes of this provision. Under the bill, the above-described right would not be construed as limiting or otherwise modifying the application or implementation of certain requirements for the removal of a health mask relating to, among other contexts, security protocols to identify an individual, essential functions in the workplace, or emergency health care protocols, as specified, without limiting certain nondiscrimination protections on the basis of disability or medical condition.
Existing law requires, upon an Indian tribe's request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department to negotiate in good faith with the Indian tribe, organization, or consortium in the state that requests development of an agreement with the state to administer all or part of the programs under Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement. Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period. This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings include agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also, subject to an appropriation for these purposes, require the department to provide funding to tribes, tribal organizations, or tribal consortiums to support the cost of independent legal representation provided by an attorney for a child and the child's parent, guardian, and Indian custodian pursuant to an agreement under the above-described provisions. The bill would require the department, by March 31, 2026, and in consultation with Indian tribes, to develop a cost allocation plan to allow specified funds to support the costs of independent legal representation.