Existing law provides for the establishment of an Independent System Operator (ISO) , under the jurisdiction of the Federal Energy Regulatory Commission (FERC) , to secure generating and transmission resources necessary to guarantee achievement of specified minimum planning and operating reserve criteria for much of the state's electrical transmission system. This bill would require the ISO, on or before June 30, 2022, to complete a competitive solicitation process for the procurement of one or more long duration energy storage projects that in aggregate have at least 2,000 megawatts capacity, but not more than 2,400 megawatts, as provided. The bill would require the ISO, after December 31, 2030, and only if found to be necessary, to complete an additional competitive solicitation process for additional long duration bulk energy storage projects that in aggregate have up to 2,000 megawatts capacity and have targeted commercial operation dates of no later than January 1, 2045. The bill would require that the competitive solicitation processes provide for cost recovery from load-serving entities within the ISO-controlled electrical grid in a manner that allocates those costs among load-serving entities based on cost causation and each load-serving entity's need for, and benefits realized from, the long duration bulk energy storage. If FERC takes any action that materially affects California's clean energy and climate laws, programs, or policies, the bill would relieve the ISO from the duty to comply with the bill's requirements, as specified. Under existing law, a violation of the Public Utilities Act is a crime. Because the provisions of this bill would be a part of the act, a violation of which would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
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Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law authorizes the board to appoint an executive officer to perform the duties delegated by the board. The law requires each pharmacy to designate a pharmacist-in-charge, proposed by the pharmacy and approved by the board, who is responsible for the pharmacy's compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. This bill would enact the Professional Pharmacist Integrity Act. The bill would create the Pharmacist Employer Advisory Task Force comprised of specified individuals, including the executive officer or their designee and various other designated representatives. The bill would require the task force to study and submit a report to the Legislature on the prevalence of management interference upon ability of pharmacists-in-charge to do their jobs, and any legislative recommendations for improvement. The bill would require the report to include, among other provisions, a survey of pharmacists-in-charge to determine whether they feel they have sufficient authority and autonomy to carry out their statutory mandate and an analysis of the past 5 years of board discipline to determine the extent to which nonpharmacist management interference contributed to wrongdoing. The bill would require the task force to submit its report to the appropriate policy and fiscal committees of the Legislature before January 1, 2022. The bill would repeal the act on January 1, 2022.
Existing law allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council. Existing law authorizes 50 additional judges, upon appropriation by the Legislature, to be allocated to the various county superior courts, pursuant to uniform criteria approved by the Judicial Council. This bill would appropriate $36,500,000 from the General Fund for the purpose of funding 25 superior court judgeships currently authorized by the Legislature, and expenses associated with those positions. The bill would require the Judicial Council to determine the allocation of those positions, pursuant to that uniform criteria.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Existing law authorizes a student who, at the time they are required to participate in the program, is enrolled in any undergraduate degree or certificate program that leads to employment to continue in that program if they are making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. A person may meet their welfare-to-work requirements by taking part in a self-initiated education or training program; however, if a recipient does not complete a specified number of hours of classroom, laboratory, or internship activities, the county human services agency is required to have the recipient participate in concurrent work activities, as specified. Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participant's lifetime. Existing law provides for an extension of that 24-month period under certain circumstances. Existing law requires that necessary supportive services, including child care and transportation costs, be available to every welfare-to-work participant in order to participate in the program activity to which they are assigned. This bill would require that a CalWORKs eligible individual participating in an educational activity full time and making satisfactory progress, as specified, receive a standard allowance of $500, which may be provided, in whole or in part, in the form of a book voucher. The bill would authorize a participant to opt out of the standard allowance at any time, to make a reimbursement claim for the actual costs of books and supplies, and to submit this claim to the county. The bill would require that an applicant or recipient who is enrolled in a specified educational plan or program and making satisfactory progress be deemed to be meeting all welfare-to-work requirements, including the hourly participation requirements, and be entitled to the allowance or reimbursement and other necessary supportive services. The bill would provide that a recipient who is enrolled in a publicly funded postsecondary educational institution and making satisfactory progress that would meaningfully increase the likelihood of their employment is entitled to an extension of the 24-month cumulative participation period, as specified. The bill would define "full time" and "making satisfactory progress" for purposes of these provisions and would require that these allowances be adjusted annually for inflation. By imposing a higher level of service of county employees, 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. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
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 provides for a schedule of benefits covered by the Medi-Cal program, including the purchase of prescribed drugs subject to the Medi-Cal list of contract drugs and utilization controls. Existing law authorizes the department to enter into contracts with manufacturers of drugs, to maintain a list of contract drugs, including blood factors, and to require pharmaceutical manufacturers to provide various rebates to the state. Existing law requires the reimbursement for blood factors to be by national drug code number and to not exceed 120% of the average sales price of the last quarter reported. This bill would instead require the reimbursement for blood factors to be the lower of the wholesale acquisition cost, 120% of the average sales price of the last quarter reported, or the actual acquisition cost for the drug plus a professional dispensing fee of $0.14 per unit. The bill would define those costs and fees for these purposes.
Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund, a continuously appropriated fund, to fund various county mental health programs. Moneys in the fund may only be used for specified purposes, including 5% for certain state administrative costs, which funds are subject to appropriation in the annual Budget Act. The act provides that it may be amended by the Legislature by a 23 vote of each house so long as the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to amend the act to clarify procedures and terms of the act by majority vote. This bill would require the Mental Health Services Oversight and Accountability Commission, by January 1, 2021, to establish one or more centers of excellence to provide the counties with technical assistance to implement best practices related to elements of the act. The bill would require those centers of excellence to be funded with state administrative funds provided under the act. In implementing these provisions, the bill would require the commission to determine the areas of focus for the centers of excellence, including, but not limited to, the areas of service delivery that need improvement. This bill would declare that this amendment is consistent with and furthers the purposes of the act, thereby requiring a 23 vote.
Existing law creates the State Department of Public Health and provides that the head of that department is the State Registrar of Vital Statistics. Existing law requires the state registrar to establish registration districts within the state for the purpose of registering births and deaths. Existing law requires that a death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death. Existing law requires the department to implement an electronic death registration system for the creation, storage, and transfer of death registration information. Existing state and federal law define and regulate credit reporting agencies, which provide reports bearing on a consumer's creditworthiness. This bill would require the State Department of Public Health to negotiate with a credit reporting agency, as defined, that wishes to receive notices of death from the department. If the department and agency reach a mutually acceptable agreement in this regard, the bill would require the department, within 14 days of a death registration with the electronic death registration system, to provide notice of an individual's death to the credit reporting agency for the purpose of placing a warning in the decedent's credit report, as specified. The bill would require the department to furnish the necessary information in its possession to properly identify the individual. The bill would authorize the department to provide the notification in the manner it deems most economical and efficient, including electronically.
Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program. Under the program, the Department of Motor Vehicles is required to provide to the Secretary of State specified information associated with each person who submits an application for a driver's license or identification card, and additionally to report to the Secretary of State that an applicant has attested that the applicant meets the voter preregistration requirements for a person who is at least 16 years of age and otherwise meets all voter eligibility requirements. The prescribed information submitted by the department to the Secretary of State constitutes a completed or submitted affidavit of registration, and the Secretary is required to register or preregister the person to vote, unless the person affirmatively declines to register to vote during a transaction with the department, the department does not represent to the Secretary of State that the person attested that the person meets all voter eligibility requirements, or the Secretary of State determines that the person is ineligible to vote. This bill would instead require a person to affirmatively agree to become registered or preregistered to vote during a transaction with the department before the Secretary registers or preregisters that person, and it would make other conforming changes.
Existing law provides for the regulation of health care service plans by the Department of Managed Health Care. A willful violation of those provisions is a crime. Existing law, on and after January 1, 2020, prohibits a health care service plan from including in a contract with a pharmacy provider or its contracting agent a provision that prohibits the provider from informing a patient of a less costly alternative to a prescribed medication. Existing law requires a health care service plan that contracts with a pharmacy benefit manager for management of any or all of its prescription drug coverage to require the pharmacy benefit manager to comply with specified provisions, register with the department pursuant to those provisions, and exercise good faith and fair dealing in the performance of its contractual duties to a health care service plan. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would, on and after July 1, 2021, prohibit a health care service plan or a health insurer from entering into, renewing, or extending a contract for pharmacy benefit manager services, as defined. Because a violation of this prohibition by a health care service plan would be a crime, this bill would impose a state-mandated local program. This bill would create the Prescription Acquisition and Adjudication Agency, and would create an advisory board for that agency, as specified. The bill would require a division of the agency to offer pharmacy benefit manager services to health care service plans and health insurers, including adjudicated claim processing, negotiations for pharmaceutical discounts, and the creation of formularies for each plan or insurer, as specified. This bill would additionally require a separate division of the agency to negotiate with pharmaceutical manufacturers for discounts and rebates for those plans or insurers, and would require the agency to develop a closed bidding process for those negotiations. The bill would require an agreement between the agency and a health care service plan or health insurer to include provisions granting 10% of any rebate or of the difference between the market value and the price negotiated by the agency, or 100% of the rebate or difference if the agreement is with a Medi-Cal managed care plan, to be paid to the agency, and deposited in to the Pharmaceutical Discount Fund, and would make those funds available, upon appropriation by the Legislature, to the agency to fund its costs or for other programs to lower health care costs in the state. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires 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. By authorizing the agency, in its agreements with health care service plans or health insurers, to receive more than the reasonable costs of its services, this bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
Existing law generally requires the licensure and regulation of various health care facilities, including, among others, a hospice facility. The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits specified criminal penalties from being imposed on a patient or a patient's primary caregiver who possesses or cultivates cannabis for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, known as the Medical Marijuana Program, requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. This bill, the Compassionate Access to Medical Cannabis Act or Ryan's Law, would prohibit specified types of health care facilities from prohibiting or interfering with a terminally ill patient's use of medical cannabis within the health care facility, subject to certain restrictions. The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medical cannabis is recommended by a physician. The bill would authorize a health care facility to reasonably restrict the manner in which a patient stores and uses medical cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. The bill would prohibit the department that licenses the health care facility from enforcing these provisions, and compliance with the bill would not be a condition for obtaining, retaining, or renewing a license as a health care facility. The bill would authorize a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes specified actions, including initiating an enforcement action against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.