Sen. Melissa Hurtado

Existing law provides that all property has an owner, whether that owner is the state, and the property is public, or the owner is an individual, and the property is private. Existing law requires the Department of Food and Agriculture to promote and protect the agricultural industry of the state. Existing law requires the department to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber in a way that benefits the general welfare and economy of the state. This bill would prohibit a foreign government from purchasing, acquiring, leasing, or holding an interest, as defined, in agricultural land within the State of California. The bill would exempt land held by foreign governments before January 1, 2023, from that prohibition, and would specify that it does not apply to federally recognized Indian tribes or their government units and enterprises. Existing federal law requires any foreign person, defined to include foreign governments, who acquires or transfers any interest, other than a security interest, in agricultural land to submit to the United States Secretary of Agriculture a report containing specified information relating to, among other things, the type of interest the foreign person acquired or transferred and their legal name, address, and citizenship or country in which they are created or organized. Existing federal law requires the secretary every 6 months to transmit to each state department of agriculture a copy of each report that was submitted to the secretary in the most recent 6-month period and that involved agricultural land located in that state. This bill would require the Department of Food and Agriculture, in consultation with the appropriate boards or departments and based on the above-described reports from the United States Secretary of Agriculture, and other information the department deems appropriate, to compile an annual report containing, among other information, the total amount of agricultural land that is under foreign ownership, how that land is currently being put to use, and any legislative, regulatory, or administrative policy recommendations in light of the information from the annual report. The bill would require the department to publish the inaugural annual report on its website by March 31, 2023, and on March 31 every year thereafter. The bill would require the department to deliver copies of any recommendations for legislative policy changes contained in the report to the Governor and the Assembly and Senate Committees on Agriculture. The bill would require the department to be reimbursed for costs incurred for compiling data, printing, and mailing the report, as specified. The bill would make its provisions operative upon appropriation by the Legislature. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, childcare centers, and home care services. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities. Existing law permits an individual to transfer a current criminal record clearance from one facility to another following a written request to the department, as specified. Existing law requires an individual submitting a request under these provisions to verify their identity by including a copy of the individual's driver's license or identification card issued by the Department of Motor Vehicles, or a valid photo identification issued by another state or the United States government if the person is not a California resident. This bill would instead require a request for a transfer of a criminal record clearance to be submitted on a form provided by the department or via the department's secure online portal. The bill would permit the licensee to verify the individual's identity and removes the requirement for an individual to submit a copy of their driver's license or other valid government-issued identification along with a request for transfer of a criminal record clearance. This bill would incorporate additional changes to Section 1522 of the Health and Safety Code proposed by AB 1720 to be operative only if this bill and AB 1720 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1568.09 of the Health and Safety Code proposed by AB 1720 to be operative only if this bill and AB 1720 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1569.17 of the Health and Safety Code proposed by AB 1720 to be operative only if this bill and AB 1720 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1596.871 of the Health and Safety Code proposed by AB 1720 to be operative only if this bill and AB 1720 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1796.24 of the Health and Safety Code proposed by AB 1720 to be operative only if this bill and AB 1720 are enacted and this bill is enacted last.

Existing law requires the Department of Community Services and Development to, among other things, plan and evaluate strategies for overcoming poverty in the state, mobilize resources in support of antipoverty and community services programs, and administer public and private funds designed to support antipoverty programs that are not currently administered by other departments. Existing law establishes the Cradle-to-Career Data System for the purpose of connecting individuals and organizations to trusted information and resources, as a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and to provide for expanded access to tools and services that support the education-to-employment pipeline, as specified. This bill, the It Takes a Village Act of 2022, subject upon an appropriation in the annual Budget Act or another statute for these purposes, would establish the California Coordinated Neighborhood and Community Services Grant Program to be administered by the State Department of Social Services or another department within the California Health and Human Services Agency. The bill would require the department to grant awards on a competitive basis to eligible entities that are Promise Neighborhoods, other community-based networks, or multineighborhood regional cradle-to-career networks, as those terms are defined, to either implement a comprehensive, integrated continuum of cradle-to-career solutions at the neighborhood level or support the civic infrastructure and backbone of cradle-to-career networks that support their network partners to accomplish systems change. The bill would define "cradle-to-career" to mean a system of integrated services that begins before birth and leads to appropriate postsecondary success, including academic, occupational, and independent living, that benefits the individual and community as a whole. The bill would require the department, in consultation with the State Department of Education, to develop an application process and would require the department to establish performance standards to measure progress on indicators and results relevant to the evaluation of the grant program. The bill would require grant recipients to contribute matching funds and prepare and submit an annual report to the department, as specified.

Existing law requires the State Department of Health Care Services to collect and publish annually quantitative information concerning the operation of various provisions relating to community mental health services, including the number of persons admitted for evaluation and treatment for certain periods, transferred to mental health facilities, or for whom certain conservatorships are established, as specified. Existing law requires each local mental health director, and each facility providing services to persons under those provisions, to provide the department, upon its request, with any information, records, and reports that the department deems necessary for purposes of the data collection and publication. This bill would additionally require the department to collect data quarterly and publish, on or before May 1 of each year, a report including quantitative, deidentified information relating to, among other things, the number of persons in designated and approved facilities admitted or detained for 72-hour evaluation and treatment, clinical outcomes and services for certain individuals, waiting periods prior to receiving an evaluation or treatment services in a designated and approved facility, demographic data of those receiving care, the number of all county-contracted beds, and an assessment of the disproportionate use of detentions and conservatorships on various groups. The bill would specify that the information be from each county for some of those data. The bill would require the Judicial Council to provide the department, by October 1 of each year, with data from each superior court to complete the report, including, among other things, the number and outcomes of certification review hearings, petitions for writs of habeas corpus, and judicial review hearings. The bill would, beginning with the report due May 1, 2025, require the report to also include the progress that has been made on implementing recommendations from prior reports. The bill would require the department to make the report publicly available on the department's internet website. The bill would require each county behavioral health director or other entity involved in implementing the provisions relating to detention, assessment, evaluation, or treatment for up to 72 hours to provide data as prescribed by the department. The bill would authorize the department to impose a plan of correction against a facility or county that fails to submit data timely or as required. The bill would authorize the department to implement these provisions through information notices or other similar written instructions. The bill would exempt contracts entered into by the department for purposes of these provisions from certain contract-related requirements. To the extent that the bill would increase the duties of county behavioral health directors, facilities of local entities, or any other local entities with regard to providing the department with new types of data, 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, 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.

(1) Existing law generally requires motor vehicles that are operated or used exclusively off the highways to be issued and display an identification plate or device issued by the Department of Motor Vehicles. Under existing law, certain vehicles are exempt from this requirement, including 4-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course, as specified. Existing law permits a motorcycle issued a special transportation identification device to be transported on a highway to and from a closed course. Existing law authorizes a special transportation identification device to be issued upon payment of a fee. This bill, effective January 1, 2027, would repeal provisions relating to special transportation identification devices for motorcycles and corresponding fees, and would make other related conforming changes. The bill would additionally provide that competition all-terrain vehicles (ATVs) are not exempt from identification, pursuant to vehicle identification requirements prescribed by the bill. (2) Existing law requires the Department of Motor Vehicles, upon identifying an off-highway motor vehicle subject to identification, to issue to the owner a suitable identification plate or device that is capable of being attached to the vehicle, as specified. Existing law requires the department to determine the size, color, and letters or number of the identification plate or device issued for off-highway motor vehicles. A violation of the Vehicle Code is punishable as an infraction. This bill, commencing on January 1, 2027, would require, for the issuance or renewal of a competition identification, a specified configuration for the vehicle identification number and product identification number for an off-highway motor vehicle or ATV that is model year 2022 or later and is used solely for competition not on a public highway. (3) Existing law requires all identification plates or devices to be displayed in a specified manner, including on the left fork leg of a motorcycle, either horizontal or vertical, and visible from the left side of the motorcycle. This bill would require that a competition motorcycle display that identification plate or device on the left side of the motorcycle, commencing January 1, 2027. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. (4) Existing law generally imposes specified fees on off-highway motor vehicles, including, among others, a service fee of $7 for the issuance or renewal of identification of off-highway motor vehicles subject to identification and a special fee of $33 paid at the time of payment of the service fee. Existing law requires the special fees, specified use fees for state vehicular recreation areas, and other specified funds to be deposited in the Off-Highway Vehicle Trust Fund, and requires moneys in the fund, upon appropriation, to be allocated for specified purposes related to off-highway recreation. This bill, commencing January 1, 2027, would instead impose specified fees on competition motorcycles and ATVs model year 2022 and newer, including a special fee of $42 for those vehicles that will be operated on public lands for which funds from the Off-Highway Vehicle Trust Fund have been expended. The bill would require the department to collect that special fee at the time of issuance or renewal of a competition identification, and to deposit the fee in the Off-Highway Vehicle Trust Fund, to be used exclusively for the reasonable costs to the Department of Parks and Recreation related to the activities of those vehicles that are conducted on public lands. The bill would require the reasonable costs of implementing the bill's identification requirements for off-highway motorcycles and ATVs to be reimbursed to the department from the Off-Highway Vehicle Trust Fund, subject to appropriation. (5) Existing law requires an off-highway motor vehicle to meet specified requirements, including, among others, a requirement that the vehicle be equipped with a spark arrester maintained in effective working order. Existing law generally exempts from those requirements certain off-highway motor vehicles being operated in an organized racing or competitive event upon a closed course. This bill, commencing January 1, 2027, would limit those exemptions by requiring competition-identified motorcycles and ATVs to be equipped with a muffler, spark arrester, and silencer or other device that limits noise emissions when operating on public lands. (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.

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compact entered into between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria, executed on August 18, 2022. The bill would provide that, in deference to tribal sovereignty, certain actions related to this compact are not projects for purposes of CEQA. The bill would repeal an obsolete provision related to the ratification of a prior compact between the State of California and the Santa Rosa Indian Community of the Santa Rosa Rancheria and make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compact entered into between the State of California and the Tejon Indian Tribe. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts are not projects for purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes various boards, as defined, within the Department of Consumer Affairs for the licensure and regulation of various professions and vocations. Existing law authorizes a board to deny a license on the grounds that the applicant has been convicted of a crime or was subject to formal discipline within the preceding 7 years from the date of application based on professional misconduct that is substantially related to the qualifications, functions, or duties of the business or profession for which the present application is made, as specified and subject to certain exceptions. This bill would authorize a board to deny a license based on formal discipline that occurred earlier than 7 years preceding the date of application if the formal discipline was based on conduct that, if committed in this state by a licensed physician and surgeon, would have constituted an act of sexual abuse, misconduct, or relations with a patient or sexual exploitation, as specified. Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. Existing law requires the board to deny a physician's and surgeon's certificate to an applicant who is required to register as a sex offender, except as specified. Existing law requires the board to automatically revoke the license of any person who has been required to register as a sex offender, as specified. Existing law exempts from that provision a person who has been relieved, as specified, of their duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law. This bill would remove the above-described exemption from the provision relating to automatic revocation of a license of a registered sex offender. The bill, additionally, would require the board to automatically revoke a license if the licensee has been convicted, as specified, in any court in or outside of this state of an offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as an offense for which a specified provision of the Sex Offender Registration Act requires registration as a sex offender. Under existing law, 5 years after the effective date of the revocation and 3 years after successful discharge from parole, probation, or both parole and probation, as specified, an individual whose license was revoked after January 1, 1947, and before January 1, 2005, for having been required to register as a sex offender is authorized to petition a superior court to hold a hearing to determine whether the individual no longer poses a possible risk to patients, as specified. If the court finds that the individual no longer poses a possible risk to patients and there are no other underlying reasons for which the board pursued disciplinary action, existing law requires the court to order the board to reinstate the individual's license, as specified. Existing law authorizes the board to issue a probationary license to that person, as specified. If the court finds that the individual continues to pose a possible risk to patients, existing law requires the court to deny relief and prohibits the individual from filing a subsequent petition based on the same conviction. This bill would remove the above-described provisions. Existing law authorizes a person whose physician's and surgeon's certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation to petition the board for reinstatement or modification of penalty, as specified. This bill would, as an exemption to the above-described provision, prohibit the board from reinstating a person's certificate that has been surrendered because the person committed an act of sexual abuse, misconduct, or relations with a patient or sexual exploitation, as specified, or the person's certificate has been revoked based on a finding by the board that the person committed one of those acts. The bill, additionally, would prohibit the board from reinstating a person's certificate if the person was convicted in any court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses for which a specified provision of the Sex Offender Registration Act requires the offender to register as a sex offender, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. The bill would prohibit the board from reinstating the certificate of a person who has been required to register as a sex offender, as specified, regardless of whether the conviction has been appealed, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.

Existing law establishes an Independent System Operator (ISO) as a nonprofit public benefit corporation, and requires the ISO to ensure the efficient use and reliable operation of the electrical transmission grid consistent with the achievement of planning and operating reserve criteria, as specified. The California Constitution establishes the Public Utilities Commission (PUC) , with jurisdiction over all public utilities, including electrical and gas corporations. The California Constitution grants the PUC certain general powers over all public utilities, subject to control by the Legislature. The Public Utilities Act requires the PUC to identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The act also requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , to identify all potentially achievable cost-effective electricity efficiency savings and establish efficiency targets for an electrical corporation, as specified. This bill would require the PUC, on or before January 15, 2023, to request the ISO to identify the highest priority transmission facilities that are needed to allow for increased transmission capacity into local capacity areas to deliver renewable energy resources or zero-carbon resources that are expected to be developed by 2035 into those areas and to consider whether to approve the identified transmission projects as part of the ISO's 2022–23 transmission planning process. The bill would require the PUC, in consultation with the Energy Commission, to provide transmission-focused guidance to the ISO about resource portfolios of expected future renewable energy resources and zero-carbon resources, as specified, to allow the ISO to identify and approve transmission facilities needed to interconnect resources and reliably serve the needs of load centers. The bill would express the policy of the state that planning for new transmission facilities considers the goals of minimizing the risk of wildfire and increasing systemwide reliability and cost efficiency, among other goals. Under existing law, a violation 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 would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 California Environmental Protection Agency under the supervision of the Secretary for Environmental Protection, and vests the agency with authority over various environmental matters. Existing law requires the agency to address heat and heat reduction by, among other things, identifying the extent and severity of the urban heat island effect for cities to set quantifiable goals for heat reduction. Existing law establishes the Office of Planning and Research in state government in the Governor's office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP) to be administered by the office to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and prescribes the commissioner's powers and duties. Existing law requires the commissioner to convene a working group to identify, assess, and recommend risk transfer market mechanisms that, among other things, promote investment in natural infrastructure to reduce the risks of climate change related to catastrophic events. This bill would require the agency, by January 1, 2025, to develop a statewide extreme heat ranking system in coordination with the ICARP, the State Department of Public Health, and the Department of Insurance, as provided. The bill would also require the Department of Insurance, by July 1, 2024, to transmit a study of, among other things, past extreme heat events and the effectiveness of insurance coverages, as specified, to prevent losses or help communities plan public health initiatives related to combating the effects of extreme heat, insurance options that will support specified adaptation, preparedness, and resilience measures, and recommendations for overcoming barriers encountered by local governments that are trying to use insurance or other financing tools to fund or support heat risk mitigation or adaptation strategies to the agency, the ICARP, and certain legislative policy committees, and to post the study on its internet website. The bill would require the agency, in coordination with the ICARP, the State Department of Public Health, and the Department of Insurance, to periodically review and update the extreme heat ranking system, as appropriate. The bill would require the ICARP to develop a public communication plan for the statewide extreme heat ranking system, recommend partnerships with local health departments and local and tribal governments, and develop statewide guidance for local and tribal governments in the preparation and planning for extreme heat events, and review the heat ranking system, as specified. The bill would also make findings and declarations related to extreme heat.