Existing law requires the Governor to proclaim various days as days of remembrance or recognition. This bill would require the Governor to annually proclaim September 25 as Dolly Parton Day. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency and requires the department to coordinate programs of fire protection, fire prevention, pest control, and forest and range maintenance and enhancement. This bill would require the department, on or before July 1, 2029, in consultation with the Department of Insurance, the Natural Resources Agency, the Office of Emergency Services, and other relevant departments, to develop standards for state and local agencies to aggregate and make available data related to parcel-, neighborhood-, and community-level wildfire risk for the purpose of enabling a wildfire data sharing platform, as provided. The bill would require the department to incorporate those data standards into community wildfire risk reduction metrics. (2) Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes their powers and duties. Existing law requires, on or before April 1, 2026, and every 2 years thereafter, an admitted insurer with written California premiums totaling $12,000,000 or more to submit a report to the Insurance Commissioner on its residential property experience data for the previous 2 years for policies written in California, as specified. Existing law requires this information submitted to the commissioner to be confidential, exempt from the California Public Records Act, and not subject to subpoena, as provided. This bill would authorize the Department of Insurance to provide information submitted to the department, including, among other things, the property experience data described above, to researchers and government agencies for the purpose of evaluating California wildfire risk, insurance protection gaps, or wildfire risk mitigation, as provided. The bill would require any published data product collected pursuant to the above-described authority that is provided to a researcher or government agency to be anonymized and aggregated sufficiently to avoid identification of individual company losses, claims data, or information on confidential business practices, as specified, and would prohibit subsequent reports from identifying an individual respondent or insurer. (3) Existing law requires the Department of Forestry and Fire Protection to annually provide to the Legislature a report detailing the department's fire prevention efforts and annually post on its internet website information regarding hazardous fuel reduction and vegetation management projects funded or conducted by the department, as provided. Existing law requires the department to develop a standardized protocol for monitoring implementation and evaluating the positive and negative ecological and fire behavior impacts from vegetation management projects undertaken by the state, as provided. This bill would repeal those requirements and would instead require the department, on or before March 1 of each year, to prepare and submit a report to the Legislature on the detailed efforts made in California towards wildfire prevention and community preparedness, as provided. Existing law requires the Wildfire and Forest Resilience Task Force, including the Natural Resources Agency and the department, among others, in coordination with certain public agencies, to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in California's Wildfire and Forest Resilience Action Plan, as provided. This bill would require, on or before July 1, 2027, and every 5 years thereafter, the Secretary of the Natural Resources Agency, in consultation with the State Fire Marshal, the Wildfire and Forest Resilience Task Force, the Wildfire County Coordinator Program, and the State Hazard Mitigation Officer to prepare a comprehensive statewide community wildfire preparedness strategy, as provided. The bill would require the State Fire Marshal to support communities in the development of optional county-level community wildfire protection plans that align with the community wildfire preparedness strategy, as provided. The bill would require a local entity, in order to receive state funding to implement its community wildfire protection plan, to provide annual updates and progress on its efforts to meet the goals of its plan. (4) Existing law establishes the Continuation Account in the Wildfire Fund, to be administered by the Wildfire Fund Administrator, and continuously appropriates moneys in the Continuation Account for purposes of payment of eligible claims arising from wildfires ignited on or after September 19, 2025, as provided. Existing law requires each large electrical corporation to provide to the Public Utilities Commission a written notification of its election to participate, or not to participate, in the Continuation Account, and requires the commission, if all participating electrical corporations have provided their election to participate in the Continuation Account, to provide the administrator and other entities notification of their elections. Existing law authorizes the administrator, on or after the date the commission provides that notification, but not later than December 31, 2028, to determine if annual contributions from large electrical corporations are needed to enable the Continuation Account to fund the timely payment of eligible claims, as provided. Existing law requires the commission, within 15 days of receiving notification from the administrator that additional annual contributions are required, to initiate a rulemaking proceeding to consider using its authority to require the large electrical corporations to collect a nonbypassable charge from ratepayers to support the Continuation Account, including the payment of any bond issued for the support of the Continuation Account, as provided. Existing law authorizes the Department of Water Resources to issue bonds, in an aggregate amount up to $9,000,000,000, as provided, to support the Continuation Account. If the commission imposes the nonbypassable charge to support the Continuation Account, existing law requires the large electrical corporations, from calendar years 2029 to 2045, inclusive, to provide to the administrator their annual contributions, as specified, for deposit into the Continuation Account. This bill would, if the administrator provides that notification, additionally authorize the administrator to incur indebtedness and issue bonds solely for purposes of supporting the Continuation Account and other related expenses incurred by the administrator, provided that bonds authorized under this provision are payable solely from annual contributions and additional contributions, as provided. The bill would authorize bonds issued by the department, at the discretion of the administrator, to be secured solely by ratepayer contributions, as specified. The bill would prohibit the Wildfire Fund or Continuation Account from being terminated while bonds issued by the department remain outstanding, unless an amount sufficient to pay remaining debt service on those bonds has been irrevocably set aside for those purposes, as specified. Upon the determination of the administrator that the Wildfire Fund should be terminated, the bill would require any remaining Wildfire Fund assets to be transferred to the Continuation Account, and upon the determination of the administrator that the Continuation Account should be terminated, the bill would require any remaining funds to be transferred to the General Fund. By transferring those moneys into a continuously appropriated account, the bill would make an appropriation. The bill would make additional technical and conforming changes. Existing law requires revenues and bond proceeds received by the department to be deposited in the Department of Water Resources Charge Fund and continuously appropriates the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Fund and payment of the bonds. This bill would require revenues and bond proceeds received by the department pursuant to the provisions related to the Continuation Account to be deposited into an account or subaccount within the Department of Water Resources Charge Fund, and to be held separate and apart from amounts held in the Department of Water Resources Charge Fund pursuant to provisions related to the Wildfire Fund, as specified. (5) This bill would create the California Wildfire Relief Fast-Pay Program and would require the California Catastrophe Response Council to appoint a fast-pay administrator to administer the fast-pay program. The bill would require the fast-pay administrator to establish and approve procedures for the review, approval, and timely payment of claims by individual claimants for damages as a result of an activating wildfire, as defined. If the eligible entity, defined as an electric utility or public agency that has a wildfire mitigation plan approved by the Office of Energy Infrastructure Safety (office) , is a participating electrical corporation, as defined, the bill would require settlements pursuant to the fast-pay program to count as settlements of eligible claims and to be paid from the account, as specified. If the eligible entity is not a participating electrical corporation, the bill would require the eligible entity to be solely responsible for directly paying amounts to satisfy settlement offers pursuant to the fast-pay program. This bill would, among other things, prohibit an individual, business corporation, or other entity from selling, assigning, or transferring any wildfire claim, or any right of recovery on a wildfire claim, to a private equity group, and would prohibit an individual, wildfire attorney, corporation, or other entity from selling, assigning, or transferring, in whole or in part, any contingency fee on an interest in a contingency fee, except as provided. This bill would prohibit a private equity group from paying any wildfire expenses with respect to a wildfire claim and from funding wildfire advertising costs with respect to any applicable wildfire that damages or destroys (1) more than 100 structures, or (2) more than 10,0000 acres of land, and would authorize the Attorney General or any district attorney to bring a civil action to enforce that prohibition, as specified. (6) Existing law regulates, among other things, fee agreements, legal advertising and referral services, the sale of financial products to a client, and unlawful solicitation. This bill would require an attorney who contracts to represent a client involving a claim against an electric utility involving an applicable wildfire shall provide a disclosure to the client the options and requirements involving the fast-pay program, as provided. The bill would prohibit a person, firm, partnership, association, or corporation from making an unsolicited targeted communication to solicit any business for any attorneys concerning a potential action for wrongful death, personal injury, or property damage within 30 days of an event, defined as an incident resulting in the proclamation of a state of emergency, as specified. The bill would prohibit, for any claim based on inverse condemnation against an electrical corporation arising from a covered wildfire caused by an electrical corporation, the fee for an attorney representing an insurer involving a subrogated claim from exceeding 10% of the settlement or judgment. (7) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. Existing law authorizes certain state bodies to hold closed session meetings for certain purposes, including authorizing the governing board or advisory panel of the California Earthquake Authority (CEA) to hold closed sessions when addressing the development of rates, reinsurance, and strategy when discussion in open session concerning those matters would prejudice the position of the CEA. This bill would additionally authorize the California Catastrophe Response Council to hold closed sessions when addressing either the administration or evaluation of individual claims submitted for reimbursement from the Wildfire Fund or the Continuation Account, or the development of strategy related to reinsurance or other mechanisms to extend the durability of the Wildfire Fund or Continuation Account, as specified. The California Public Records Act requires a public agency, defined to mean a state or local agency, to make its public records available for public inspection and to make copies available upon request and the payment of a fee, unless the public records are exempt from disclosure. This bill would exempt records held by the California Catastrophe Response Council, or the California Earthquake Authority as the Wildfire Fund Administrator, that relate to the administration or evaluation of claims submitted for reimbursement from the Wildfire Fund or Continuation Account from the California Public Records Act, as specified. (8) 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. (9) Existing law requires the Director of the Office of Energy Infrastructure Safety to issue a certificate to an electrical corporation if the electrical corporation provided documentation of certain conditions, including a condition that the electrical corporation has established (1) an executive incentive compensation structure approved by the Office of Energy Infrastructure Safety and structured to promote safety as a priority to ensure public safety and utility financial stability with performance metrics for all executive officers, which may include denying all incentive compensation if the electrical corporation causes a catastrophic wildfire that results in one or more fatalities and (2) a compensation structure that meets certain principles. This bill would revise the recast the requirement related to the executive incentive compensation structure, among other things, to require the electrical corporation to file the approved written executive incentive compensation structure with the office at least one year before the executive incentive compensation structure would become effective. The bill would require the office to approve an electrical corporation's executive incentive compensation structure if it is structured to promote safety as a priority and to ensure public safety and utility stability with performance metrics, includes a provision denying all short-term incentive compensation, as defined, to the chief executive officer, or the officer holding an equivalent position, for a calendar year in which the electrical corporation causes a catastrophic wildfire that results in one or more fatalities, and meets the principles specified in existing law for the compensation structure. For a large electrical corporation, as defined, the bill would additionally require the executive incentive compensation structure to meet certain requirements, including a requirement for the structure to include a written presumption that 35% of the total incentive compensation for each executive officer will be denied for at least one year in the event the electrical corporation causes a catastrophic wildfire that result in one or more fatalities. (10) Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing the bill's requirements would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (11) This bill would declare that it is to take effect immediately as an urgency statute.
(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. This bill would establish various requirements and authorizations for the installation of a residential heat pump water heater or heat pump HVAC system, as defined, by, among other things, requiring a city, county, or city and county, beginning July 1, 2027, to adopt and offer asynchronous inspections for installations that do not require a licensed contractor and building inspector to be simultaneously present during the inspection. The bill would additionally require a city, county, or city and county, except as specified, to post specific information online, and on or before July 1, 2028, to implement an online automated permitting process for the installation of a residential heat pump water heater or heat pump HVAC system that issues permits in real time to a licensed contractor that meets certain criteria. The bill would require the criteria to include, among others, that the licensed contractor certify under penalty of perjury that they have performed a load calculation to properly size the new equipment, as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program. By imposing these various new duties on the described local entities, the bill would impose a state-mandated local program. The bill would authorize a city, county, or city and county, except as specified, to require 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 additionally authorize a city, county, or city and county to apply only certain planning or zoning or workforce labor standards on the installation of a residential heat pump water heater or heat pump HVAC system that are in addition to any state-level requirements. 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 limit the amount a city, county, or city and county may charge as a permit fee for a residential heat pump water heater or heat pump HVAC system, as specified. The bill would require a local entity described above that applies to receive any funding from the commission to self-certify to the commission its compliance with any applicable portions of the bill's provisions. The above provisions would not apply to new residential construction. 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 document 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. The bill would prohibit an association, among other things, from prohibiting or restricting a member from installing, upgrading, replacing, or using a residential heat pump water heater or heat pump HVAC system in the member's separate interest, except as specified. (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, with regard to certain mandates, no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development, an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction's duty to affirmatively further fair housing. Existing law requires a city or county, based on that inventory of land, to determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as provided. Existing law requires the inventory of land to include, among other things, a description of the existing use of the property for nonvacant sites. For the nonvacant sites, existing law requires the city or county to specify the additional development potential for each site within the planning period. Existing law requires a city or county to rezone sites according to a specified program if the inventory of sites suitable and available for residential development does not identify adequate sites to accommodate the need for groups of all household income levels. This bill would require, on or before July 1, 2028, the Department of Housing and Community Development to promulgate or approve one or more formulas and associated user interfaces or other tools that allow for the determination of specified information, including, among other things, the realistic capacity of housing element inventory sites, as specified. The bill would authorize the above-described analysis and determinations by a city or county related to sites in the inventory of land suitable and available for residential development to rely on the formula promulgated or approved by the department. The bill would authorize the department to hire economists and data scientists for the purpose of promulgating the formulas and associated user interfaces or other tools. This bill would require the inventory of land suitable and available for residential development to specify the number of units allowed to be built on each site at the time of the housing element's adoption, and the number that will be allowed after rezoning, as specified, to accommodate the city's or county's share of regional housing need. This bill would exempt the use by a city or county of any adopted formula, associated user interface, or tool promulgated or approved by the department for these purposes from judicial review, except as specified. Existing law also requires that the housing element, among other things, sets forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals of the housing element, as provided. Existing law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units pursuant to this schedule of actions if the community includes in its housing element a program committing the local government to provide specified units that will be made available through the provision of committed assistance to lower income households at affordable housing costs or rents, as defined. Existing law requires a unit to meet specified requirements to qualify for inclusion in the program. Existing law defines "committed assistance" for these purposes to mean that the city or county enters into a legally enforceable agreement during a specified time period that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within 2 years of the execution of the agreement. This bill would define "in-kind services" for these purposes.
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law authorizes the division, which is headed by the Labor Commissioner, to enforce the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. This bill would limit the use of workplace surveillance tools, as defined, by employers, including by prohibiting an employer from monitoring or surveilling employees in a bathroom located in the workplace, except as specified. The bill would provide an employee with the right to leave behind workplace surveillance tools that are on their person or in their possession when entering a bathroom, except as specified. This bill would authorize the commissioner to enforce the bill's provisions, as prescribed, and would authorize a public prosecutor to bring specified enforcement actions. The bill would subject an employer who violates the bill to a civil penalty of up to $500 for each violation. 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.
Existing law creates within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, among others, and requires each division to be headed by a director, who is appointed by the Governor, as specified. Existing law also requires the Governor to appoint 4 subordinate officers to the division, as specified. Existing law requires each subordinate officer appointed to oversee an identified category of adult institutions, one of which oversees female offender facilities. This bill would instead require the Governor to appoint 3 subordinate officers, as specified, who would oversee an identified category of male adult institutions, and one subordinate officer, as specified, who would oversee female adult institutions. The bill would create within the department, and under the Undersecretary for Operations, the Division of Female Programs and Services. The bill would require the director of this division to be responsible solely for female adult institutions and community facilities housing female offenders. The bill would require the director to report to the undersecretary and to have a minimum of 5 years of experience serving a female correctional population in a custody setting. The bill would also require this new division to manage and provide oversight of adult female programs, including prisons, conservation camps, and parole and community programs and to develop gender-responsive, trauma-informed, culturally sensitive approaches to program and policy development. Existing law requires the department to create a Female Offender Reform Master Plan and present it to the Legislature by a specified date. Existing law requires the department to, among other things, create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders. This bill would require the department to provide a report to the Legislature on the implementation of the plan, and update statistics contained in the plan, by March 1, 2027, and every 3 years thereafter. The bill would require the department to maintain the plan, including subsequent updates and reports, in consultation with the commission and others, as specified. The bill would also require the department to post the plan, any reports, and any updates to the plan to the department's internet website. This bill would require the department to establish the Gender Responsive Strategies Commission (GRSC) to develop active partnerships and to support successful implementation of gender responsive practices and rehabilitation programs for incarcerated individuals. The bill would require the GRSC to be composed of 19 representatives, as specified, and would require the department, by June 1, 2027, and annually thereafter, to provide a written report to the Legislature on appointments to the GRSC and the department's response and progress toward implementing the GRSC's recommendations. Existing law also requires the department to contract with nationally recognized gender-responsive experts in prison operational practices, staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to, among other things, conduct a staffing analysis of all current job classifications assigned to each prison that houses only females, as specified, and develop programs and training for department staff in correctional facilities. This bill would require the department, through this contract, no later than March 1, 2027, and every 3 years thereafter, to prepare and submit to the Legislature an updated staffing analysis and would require a comprehensive review of the office's policies and practices and other aspects of women-centered corrections developed to enhance safety and rehabilitative efforts, as specified. The bill would also require the training program to include training at the academy and, for those working in a female prison, 40 hours of initial training with a curriculum specifically focused on working with the population within female institutions and an 8-hour annual training thereafter. Existing law requires the secretary of the department to expand the existing prison ombudsperson program to ensure the comprehensive deployment of ombudspersons throughout the state prison system with specific focus on the maximum security institutions. This bill would instead require the Undersecretary for Operations to perform this duty and would require the undersecretary to appoint an ombudsperson solely assigned to adult female institutions.
Under existing law, upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the governing authority of any county, city, or city and county, and for 30 days or 180 days, as specified, following the proclamation or declaration of emergency and any period the proclamation or declaration is extended by the applicable authority, it is a misdemeanor for any person, business, or other entity to sell or offer to sell specified goods and services for a price of more than 10% greater than the price charged by that entity for those goods or services immediately prior to the proclamation or declaration of emergency or prior to a date set in the proclamation or declaration. Existing law also makes related protections against eviction. Existing law defines "state of emergency" for these purposes as a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor. This bill would additionally include war, as defined, to the above-described disasters for purposes of the definition of a "state of emergency" for essential consumer goods or services and upon the proclamation or declaration by the President of the United States or the Governor and for which the Attorney General has issued a written opinion finding a sufficient nexus between the war at issue and increases in the prices of those goods or services. By expanding the application of an existing crime to additional circumstances, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 396 of the Penal Code proposed by SB 1365 to be operative only if this bill and SB 1365 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.
Existing law establishes the Department of Forestry and Fire Protection and establishes various programs for the prevention and reduction of wildfires. This bill, which would be operative until January 1, 2033, and upon appropriation by the Legislature, would establish the Fire Innovation Unit within the department to serve as the department's innovation arm for wildfire technology research, coordination, procurement, and deployment for technologies that, among other things, improve ecosystem and landscape scale resilience. The bill would require the unit to consist of the Office of Wildfire Technology Research and Development, the Innovation, Outreach and Coordination Program, and the Rapid Acquisition and Deployment Program, as provided. The bill would authorize the unit to establish and administer a program to fund early-stage, mature, or dual-use technology projects that enhance wildfire prevention, preparedness, mitigation, and response through grants, contracts, or both. The bill would also authorize the unit to (1) administer or monitor pilot, prototype, or demonstration projects to evaluate, mature, and validate wildfire-related technologies, (2) collaborate with public and private educational and research institutions on wildfire technology and innovation, (3) establish testbeds to test or evaluate emerging technologies, (4) provide technical assistance to local, state, federal, and international fire agencies to facilitate deployment of wildfire-related technologies, (5) maintain a publicly accessible resource to provide visibility into these wildfire-related technologies, and (6) provide opportunities for participation in demonstrations, pilot programs, and field testing, as provided. This bill would require the department to submit an annual report to the Governor and the appropriate fiscal and policy committees of the Legislature summarizing certain information related to the unit, including, among other things, the technologies and projects evaluated, tested, or deployed.
(1) Existing law provides for the licensure and regulation of health facilities, clinics, home health agencies, and hospice agencies, as defined, by the State Department of Public Health. Existing law provides for the certification of nurse assistants and home health aides by the department. A violation of these provisions by a licensee is a crime. Existing law authorizes the department to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for a nurse assistant or home health aide under specified circumstances. Existing law requires, with some exceptions, the department to deny a training and examination application and deny, suspend, or revoke a certificate if the applicant or certificate holder has been convicted of a violation of or attempted violation of one or more specified crimes. This bill would instead authorize the department to deny an application for, a certificate for, or a training and examination application for, a nurse assistant or home health aide for various reasons, including if an applicant has been convicted of a crime, as specified, within the preceding 7 years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, regardless of whether the applicant was incarcerated for that crime, as specified, and if the applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding 7 years from the date of the application for professional misconduct that would have been cause for discipline, as specified, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified. The bill would authorize an applicant or certificate holder whose application to be a nurse assistant or home health aide was denied or certificate was suspended or revoked on the basis of a criminal conviction to, during a period of 2 years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation or provide the department with evidence that the criminal conviction is no longer grounds for denial, as specified. The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicant's criminal history information, including if the department decides to deny a training and examination application or certificate. The bill would authorize the department to initiate an action to suspend or revoke a certificate for professional misconduct warranting cause for discipline, as specified. Upon a determination to revoke or suspend a certificate, the bill would prescribe the requirements for the department to notify the certificate holder in writing by certified mail, including providing information about the procedure for the certificate holder to challenge the determination or request reconsideration. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law governs the certification of a certified nurse assistant in a licensed skilled nursing or intermediate care facility. Existing law requires renewal of that certification to be conditional upon specified occurrences, including that the certificate holder submitted documentation of completion of 48 hours of in-service training every 2 years, as specified. Existing law requires at least 12 of the 48 hours of in-service training to be completed in each of the 2 years. Existing law requires that 24 of the 48 hours may be obtained through a specified online computer training program. In order to renew an unexpired certificate, existing law requires the certificate holder to, on or before the expiration date, apply for renewal on a form provided by the department and to submit documentation of the required in-service training. Existing law authorizes an expired certificate to be renewed at any time within 2 years of its expiration on the filing of an application for renewal on a form provided by the department and documentation of the required in-service education. This bill would additionally authorize the certificate holder to submit documentation of 48 hours of continuing education every 2 years. The bill would require at least 12 of the 48 hours of continuous education or in-service training to be completed in each of the 2 years. The bill would authorize the 48 continuing education or in-service hours to be obtained through in-person instructions, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. This bill would require, to renew an unexpired certificate, or authorize, to renew an expired certificate within 2 years after expiration, the certificate holder to submit documentation of the continuing education or in-service training. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, which is known as and may be referred to as CAL-FIRE. Existing law establishes in CAL-FIRE the Office of the State Fire Marshal and requires that office to establish the Community Wildfire Mitigation Assistance Program to coordinate regional and local efforts with state policies, strategies, and programs for community wildfire mitigation in order to improve wildfire preparedness and prevention, with an emphasis on the most vulnerable communities. This bill would require that, notwithstanding any other law, any state-level environmental and resource permits, approvals, consultations, and reviews required for a covered wildfire mitigation project, as defined, be consolidated into a single coordinated review by a project review team, as defined, and administered jointly by the consolidated review agencies, defined as the Natural Resources Agency in coordination with the California Environmental Protection Agency. The bill would require an applicant seeking authorization to undertake a covered wildfire mitigation project to submit a single, consolidated application package to the consolidated review agencies. The bill would require a decision to be rendered by the consolidated review agencies within 60 calendar days of the consolidated review agencies deeming an application is complete, as provided, and would authorize the applicant and the consolidated review agencies to agree to extend the 60-day timeline if both parties agree to the extension. The bill would require the approvals to be in writing and to include specified information, including, among other things, a description of the project and a list of permits, agreements, consultations, or approvals waived by the review agencies' authorization. This bill would further provide for an expedited authorization, as defined, issued pursuant to these requirements, which would waive the requirement that the covered wildfire mitigation project comply with statutes, rules, regulations, and requirements, within the jurisdiction of boards, departments, commissions, offices, and agencies within the consolidated review agencies, except as provided. The expedited authorization would replace any other permit, agreement, or authorization required by state statutes, rules, regulations, and requirements that falls within the jurisdiction of boards, departments, commissions, offices, and agencies within the consolidated review agencies. The bill would require covered wildfire mitigation projects to be conducted in compliance with specified requirements and would impose a civil penalty not to exceed $10,000 for each intentional, knowing, or negligent violation, as provided. The bill would require covered wildfire mitigation projects to be limited in project size based on the type of project, as specified, and completed within 5 years, for prescribed fire projects, or 2 years, for all other projects, of approval by the consolidated review agencies. The bill would further require CAL-FIRE to provide a cost-benefit analysis to estimate a project's return on investment for risk reduction or an explanation of why an estimate could not be assigned for each department state-funded grant project. This bill would specify that the authority to issuance expedited authorizations becomes inoperative on January 1, 2029. This bill would provide that the above-described provisions do not preclude compliance with applicable local and federal statutes, rules, and regulations. This bill would also require, on or before July 1, 2028, the consolidated review agencies to report to the Legislature on, among other required things, the implementation of all wildfire mitigation projects that were permitted pursuant to the above-described provisions, as provided. This bill would repeal the above provisions on January 1, 2034. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes the Secretary of the Natural Resources Agency to certify a regulatory program that meets specified requirements as a certified regulatory program. For actions taken under a certified regulatory program, CEQA exempts those actions from certain of its provisions. Existing law authorizes the Director of the Department of Forestry and Fire Protection to enter into an agreement for prescribed burning or other hazardous fuel reduction with any person to conduct prescribed burning operations and joint prescribed burning operations that serve the public interest and are beneficial to the state. Existing law requires, to the extent feasible, that the State Board of Forestry and Fire Protection's Vegetation Treatment Program Programmatic Environmental Impact Report serve as the programmatic environmental document for prescribed fires initiated by a third party for a public purpose, as provided. This bill would require the board to develop the Nontimber Vegetation Management Program for nontimber vegetation management activities that are not subject to specified forest practice rules for permitting of activities on local, nonfederal, private, and state-owned lands. The bill would authorize an eligible entity proposing to conduct those vegetation management activities to seek authorization under the program. The bill would require the board, on or before July 1, 2028, to adopt emergency regulations for the program, as provided, that qualifies for certification by the Secretary of the Natural Resources Agency as a certified regulatory program under CEQA and would require the board to submit those emergency regulations to the secretary for review and certification. The bill would require the board, in developing the emergency regulations to conduct no fewer than 3 public meetings to receive public comments with one of those meetings occurring in southern California. The bill would require the board, following the adoption of the emergency regulations to adopt permanent regulations in compliance with the Administrative Procedure Act before July 1, 2030. The bill would repeal these provisions on January 1, 2035.
