Sen. Melissa Hurtado

Existing law requires the State Department of Public Health to track data on pregnancy-related deaths, including specified health conditions, indirect obstetric deaths, and other maternal disorders predominantly related to pregnancy and complications predominantly related to the puerperium, and requires this data to be published at least once every 3 years. This bill would require the department to review pertinent records in tracking this data, and to collect specified information about the pregnant person for each pregnancy-related death, including the pregnant person's county of residence, the existence of social supports, and the number of prenatal appointments attended. The bill would permit the department to group data by geographic regions for the purposes of identifying clusters of pregnancy deaths.

Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. The act, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default or, before October 1, 2021, being subject to an unlawful detainer action brought by the tenant's landlord with regard to the COVID-19 rental debt, as prescribed. Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development. This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis. The bill would define "qualified applicant" to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. The bill would also establish a fund, the moneys in which would be available upon appropriation by the Legislature for the purposes of awarding program grants to qualified applicants. This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord making certain attestations, including that a program grant constitutes full satisfaction of the tenant's obligation to the landlord with respect to the COVID-19 rental debt, as defined. By expanding the scope of the crime of perjury, 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.

Existing law, the Mental Health Services Act, an initiative statute enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law establishes the continuously appropriated Mental Health Services Fund. Existing law requires the Controller, prior to distributing the balance of the funds to the counties, as specified, to reserve up to 5% of the total annual revenues of the fund for the costs for the State Department of Health Care Services, the California Behavioral Health Planning Council, the Office of Statewide Health Planning and Development, the Mental Health Services Oversight and Accountability Commission, the State Department of Public Health, and any other state agency to implement all duties pursuant to the programs set forth in the act. This bill would amend Proposition 63 by appropriating $20,000,000 annually from the administrative account of the Mental Health Services Fund to the University of California, if the University of California chooses to accept the moneys, the California State University, and the California Community Colleges, as specified, to implement the College Mental Health Services Program. The bill would require those funds to be used for the purpose of funding programs to increase campus student mental health services and mental health-related education and training. The bill would require campuses that participate in the program to report on the use of those grant funds, as specified, and to post that information on their internet websites.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, an initiative measure approved as Proposition 56 at the November 8, 2016, statewide general election, increases taxes imposed on distributors of cigarettes and tobacco products and requires all revenues to be deposited into the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund, a continuously appropriated fund. Proposition 56 requires the Controller to transfer 82% of those revenues to the Healthcare Treatment Fund, to be used by the department to increase funding for the Medi-Cal program and other specified health care programs and services in a way that, among other things, ensures timely access, limits geographic shortages of services, and ensures quality care. The act authorizes the Legislature to amend the provision relating to the allocation of revenues in the Healthcare Treatment Fund to further the purposes of the act with a 23 vote of the membership of each house of the Legislature. Existing law, until January 1, 2026, establishes the Proposition 56 Medi-Cal Physicians and Dentists Loan Repayment Act Program, which requires the department to develop and administer the program to provide loan assistance payments to qualifying, recent graduate physicians and dentists who serve beneficiaries of the Medi-Cal program and other specified health care programs using moneys from the Healthcare Treatment Fund. Existing law requires this program to be funded using moneys appropriated to the department for this purpose in the Budget Act of 2018, and requires the department to administer 2 separate payment pools for participating physicians and dentists, respectively, consistent with the allocations provided for in the Budget Act of 2018. For purposes of that program, and by January 1, 2022, this bill would require the department to exclusively provide loan assistance payments to Medi-Cal physicians and dentists who maintain a patient caseload composed of a minimum of 30% Medi-Cal beneficiaries and who meet one or more of specified requirements relating to practicing in areas, or serving populations, with provider shortages. The bill would make this provision inapplicable to an individual who enters into, and maintains compliance with, an Awardee Agreement to receive loan assistance payments before January 1, 2022. The bill would require the department to annually verify that participating providers continue to meet the program requirements, as specified. The bill would require the program to post any annual report prepared by it on its internet website. The bill would delete the provision making this program inoperative on January 1, 2026, would delete the references to the Budget Act of 2018, and would instead refer to the annual Budget Act. By extending the operation of this program and the authority to allocate revenues in the fund for this authorized expenditure, the bill would amend Proposition 56.

Existing law requires the State Department of Public Health to examine the causes of communicable diseases occurring, or likely to occur, in the state and grants the department certain powers to quarantine, isolate, and inspect persons or places, as necessary to protect or preserve the public health. Existing law sets forth the mechanisms for proclaiming a state of emergency by the Governor or declaring a health emergency by the State Public Health Officer. Existing law requires the department and the Office of Emergency Services (OES) , in coordination with other state agencies, to establish a personal protective equipment (PPE) stockpile, upon appropriation and as necessary. Existing law requires the department to establish guidelines for the procurement, management, and distribution of PPE, as specified. Existing law generally requires a health care employer to maintain an inventory of new, unexpired PPE for use in the event of a declared state of emergency or a local emergency for a pandemic or other health emergency. This bill would make findings and declarations relating to California's response to the COVID-19 pandemic. The bill would, during a state of emergency or health emergency in response to a viral pandemic or any other health crisis, as specified, require the department to include federally qualified health centers in the organizational response structure established by OES. The bill would require the department and the California Health and Human Services Agency to, among other things, coordinate in maintaining an annual inventory of the PPE and all other related medical supplies that the state maintains in its stockpiles. The bill would require the department to ensure that all elements in the stockpiles are viable and can be activated and distributed within a reasonable timeframe to address the level of need established by any public health crisis, as specified. No later than December 1, 2023, and every 2 years thereafter, the bill would require the department and the agency to submit a report on the utilization of the equipment and supplies in the state stockpiles to the health and budget legislative committees. The bill would, subject to an appropriation in the annual Budget Act, require the department to develop a statewide, comprehensive plan to conduct an outreach and education campaign relating to COVID-19. The bill would require the campaign to include components on preventing infections, encouraging vaccination, correcting false information efforts, and addressing health disparities among certain communities. Under the bill, the campaign would commence on November 1, 2023, and operate for at least 3 years.

The Personal Income Tax Law and the Corporation Tax Law, in modified conformity with federal law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would exclude, under both laws, from gross income the amount of a grant awarded pursuant to the California Small Business COVID-19 Relief Grant Program. This bill would take effect immediately as a tax levy.

Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development for the purpose of advocating for the causes of small business and to provide small businesses with the information they need to survive in the marketplace. This bill, the Keep California Working Act, would establish the Keep California Working Grant Program. The act would require the Small Business Advocate to administer the program and award grants, as specified, to small businesses and nonprofit entities that meet specified criteria, including that the entity has experienced economic hardship resulting from the COVID-19 pandemic. The act would specify that grant money awarded pursuant to the program may be used only for specified purposes, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. The act would appropriate $2.6 billion dollars to the Office of Small Business Advocate for those purposes. The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. This bill would exclude from gross income, for state income tax purposes, the amount of a grant awarded pursuant to the Keep California Working Grant Program. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for a bill authorizing a new tax expenditure. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the California Health and Human Services Agency, which includes the State Department of Public Health, among other state departments charged with the administration of health, social, and other human services. Under existing law, the State Department of Public Health has authority over various programs promoting public health, including genetic disease testing and newborn screenings. This bill would establish the Rare Disease Advisory Council within the California Health and Human Services Agency. This bill would specify the purposes of the Rare Disease Advisory Council, including, among others, coordinating statewide efforts for the study of the incidence of rare diseases within the state, and acting as the advisory body on rare diseases to the Legislature and state and private agencies that provide services to persons with rare diseases. Under the bill, the duties of the advisory council would include, among others, adopting implementing regulations, researching and determining the most appropriate method to collect data on rare diseases, and identifying best practices for rare disease care. The bill would specify the composition of the advisory council, including members appointed by the Secretary of California Health and Human Services and the State Public Health Officer. Before any appointments are made, the bill would require the agency to research and report to the Legislature on existing sources of funding that may be used to finance the formation and operation of the advisory council. The bill would require the advisory council to apply for, and accept, any grant of funds from the federal government, private foundations, or other sources. The bill would prohibit the advisory council from accepting funds from the employer of any sitting council member. The bill would require the advisory council to meet at least 3 times annually and to report to the agency and the Legislature every 2 years on its activities, findings, and recommendations.

(1) Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources. Under existing law, the current operator, or the previous operator, as provided, as determined by the records of the supervisor, of a deserted well that produced oil, gas, or other hydrocarbons or was used for injection is responsible for the proper plugging and abandonment of the well or the decommissioning of deserted production facilities. If the supervisor determines that the current operator does not have the financial resources to fully cover the cost of plugging and abandoning the well or the decommissioning of deserted production facilities, existing law requires the immediately preceding operator to be responsible for the cost of plugging and abandoning the well or the decommissioning of deserted production facilities. This bill would require the supervisor to provide specified committees of the Legislature by July 1, 2022, with the process the supervisor has established to determine that the current operator does not have the financial resources to fully cover the cost of plugging and abandoning the well or the decommissioning of deserted production facilities, or for a previous operator. The bill would require the supervisor to, in a timely manner, post the materials provided to the legislative committees on a public portion of the division's internet website. (2) Existing law requires the supervisor, on or before July 1, 2019, and annually thereafter until July 1, 2026, to prepare and transmit to the Legislature a comprehensive report on the status of idle and long-term idle wells for the preceding calendar year that includes specified information. For the report due on or before July 1, 2021, and for each report thereafter, existing law requires the division to conduct inspections of production facilities attendant to long-term idle wells and requires that information summarizing violations and pertinent findings in these inspections be included in each report. For the report due on or before July 1, 2022, and for each report thereafter, this bill would require that each report identify idle wells by the American Petroleum Institute identification number that are registered to an operator and that have met the definition of an idle well for 3 years where neither the required annual fee has been paid or the well is part of a valid idle well management plan on file with the supervisor. (3) Existing law requires the department to report to the Legislature on April 1, 2021, on the number of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities remaining, the estimated costs of abandoning or decommissioning those wells and facilities, and a timeline for future abandonment and decommissioning of those wells and facilities with a specific schedule of goals. Existing law requires the department to provide an update on the report to the Legislature on October 1, 2023, that describes the total costs, average costs per well and facility, the number of wells plugged and abandoned, the number of facilities decommissioned, the total number of projects completed, and any additional wells and facilities identified by the department requiring abandonment or decommissioning. This bill would require the department to report the location of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities remaining, including the county in which they are located, to the Legislature by April 1, 2022, if the information is not otherwise included in the April 1, 2021, report. The bill would require the October 1, 2023, update to include the location, including the county, of applicable wells, facilities, and projects identified in the report. The bill would require the division to consider certain information reported to the Legislature when developing criteria for determining the priority of plugging and abandoning hazardous or idle-deserted wells and decommissioning hazardous or deserted facilities to be remediated. (4) This bill would incorporate additional changes to Section 3206.3 of the Public Resources Code proposed by AB 896 to be operative only if this bill and AB 896 are enacted and this bill is enacted last. The bill would incorporate additional changes to Section 3258 of the Public Resources Code to be operative only if this bill and SB 47 are enacted and this bill is enacted last.