Sen. Lola Smallwood-Cuevas

The State Government Strategic Planning and Performance and Review Act requires each agency, department, office, or commission for which strategic planning efforts are recommended, as specified, to develop a strategic plan and to report to the Governor and the Joint Legislative Budget Committee by April 1 each year on the steps being taken to develop and adopt a strategic plan. The act requires the report to include a description of the elements to be included in the strategic plan, the process for developing and adopting the strategic plan, and the timetable for the plan's completion. This bill would instead require each agency, department, office, or commission subject to the Governor's authority to develop and report on the above-described strategic plan. The bill would also require each agency, department, office, or commission subject to the Governor's authority to, for any strategic plans applicable and if feasible, develop or update the strategic plan to reflect the use of data analysis and inclusive practices to more effectively advance racial equity and to respond to identified disparities with changes to the organization's policies, programs, and operations, among other things.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law requires the trustees to control and expend all money appropriated for the support and maintenance of the university. Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force) . Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would authorize the use of up to $6,000,000, as specified, for the purpose of enabling the California State University to conduct research in furtherance of the recommendations of the Task Force, thereby making an appropriation. The bill would authorize the California State University to partner with other universities or nonprofit institutions in furtherance of the bill. The bill would require, before the start of each fiscal year, the California State University to consult with the California Legislative Black Caucus to propose a list of research components to be addressed through the appropriation, as provided. This bill would require the California State University to explore options to determine how to confirm an individual's status as a descendant of an enslaved person, as defined. The bill would also require the California State University to establish a process for conducting or verifying genealogical research for the purpose of confirming an individual's status as a descendant of an enslaved person for eligibility for reparative claims on or before the start of the 2029–30 academic year and to commence the work of establishing the process on or before the start of the 2026–27 academic year. The bill would authorize the funding described above to be used to support student participation in support of this goal. The bill would require the California State University, on or before October 1 of each year and until funding is exhausted, to submit to the Legislature and Governor a report with a status update of pending research projects, and any research projects that have been completed within the prior year. The bill would require the final report to include research findings, recommendations with options, and timelines for statewide implementation, including costs, developed pursuant to these provisions.

Existing law establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law requires a private employer that has 100 or more employees to submit an annual pay data report to the Civil Rights Department that includes the number of employees by race, ethnicity, and sex in 10 specified job categories, the number of employees by race, ethnicity, and sex whose pay falls within federal pay bands, within each job category the median and mean hourly rate for employees having any combination of those characteristics, and the total number of hours worked by each employee counted in each pay band during the "Reporting Year," as specified. This bill would require an employer to collect and store any demographic information gathered by an employer or labor contractor for the purpose of submitting the pay data report separately from employees' personnel records, and, beginning January 1, 2027, increase the number of job categories, as specified above, to 23. Existing law authorizes the department, if it does not receive the pay data report, to seek an order requiring an employer to comply with these provisions. Existing law provides that upon the request of the department, a court may impose a civil penalty upon any employer for failure to file the required report, which shall be payable to the Civil Rights Enforcement and Litigation Fund. This bill would require a court to impose a civil penalty against an employer that fails to file the report if requested to do so by the department.

Existing law establishes the Department of Industrial Relations within the Labor and Workforce Development Agency to, among other things, foster, promote, and develop the welfare of wage earners, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would, until January 1, 2031, require the department, upon appropriation of funds for this purpose, to establish and maintain the California Workplace Outreach Program to promote awareness of, and compliance with, workplace protections that affect workers. The bill would require the department to issue a competitive request for application for qualified organizations, as defined, to provide education and outreach services to workers and to assist workers to assert their workplace rights. This bill would require the department to guide discussions with qualified organizations regarding priority topics for outreach and education and to consult with those organizations and the Labor and Workforce Development Agency and, as relevant, its departments and boards to create education and outreach materials informing workers of their rights on priority topics and training materials for workers and organizations. The bill would require the materials to be translated into non-English languages, to be determined by the department in consultation with each qualified organization, as appropriate for the geographic region the qualified organization serves, and would require the materials to be made in consultation and collaboration with the Civil Rights Department if those materials involve protections under the California Fair Employment and Housing Act or certain other statutes. The bill would require the department and qualified organizations to meet at least twice a year to coordinate outreach and education efforts and for qualified organizations to share information relevant to enforcement activities of the department.

(1) Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided. Existing law requires the department to, on or before March 31, 2019, commence rulemaking proceedings to revise those regulations, as necessary, to conform to specified provisions. Beginning July 1, 2026, this bill would require, upon receipt by the department of a complaint subject to the Uniform Complaint Procedures that alleges unlawful discrimination, harassment, intimidation, or bullying, the Superintendent to collect specified information, including, among other things, a description of the complaint received. The bill would require the Superintendent to create and post on the department's internet website a summary report of the data described above. (2) Existing law, the California Fair Employment and Housing Act, among other things, establishes the Civil Rights Department and authorizes it to receive, investigate, conciliate, mediate, and prosecute complaints alleging various civil rights violations, including violations of provisions regarding individuals with disabilities. Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act, requires the Civil Rights Department, among other specified state entities, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation, gender identity, and variations in sex characteristics/intersex status, as specified. Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. This bill would require the Civil Rights Department to collect, for a complaint received, certain demographic information, including the ethnicity, race, and gender of the individual submitting the complaint, and certain information related to the complaint. The bill would require the department, commencing July 1, 2027, to publish a summary report no later than October 1 of each year of the compiled information for the preceding calendar year on its internet website. This bill would require, for any information or data acquired pursuant to the bill's provisions, that information or data to be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act, except that the information may be disclosable pursuant to that act to the same extent as the underlying complaint. The bill would also prohibit the above-described summary reports, dashboards, and transmitted data from containing any personally identifying information about any individual. The bill would require information in the summary reports, dashboards, and transmitted data to be sufficiently deidentified to prevent the identification of the individuals involved in a complaint. (3) 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.

(1) The Outdoor Advertising Act, a violation of which is a crime, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. Existing law exempts from certain provisions of the act advertising displays located in specific geographic areas in the City of Los Angeles if those displays meet prescribed conditions and requirements, including the condition that the advertising display is authorized by, or in accordance with, an ordinance adopted by the City of Los Angeles that regulates advertising displays by identifying the specific displays or establishing regulations that include, at a minimum, specified restrictions, as provided. This bill would authorize the ordinance adopted by the City of Los Angeles to authorize a framework of allowable signage that preserves flexibility in the ultimate placement, sizing, and scope of advertising displays, and define a range or maximum signage capacity, as specified. The bill would also authorize the City of Los Angeles to adopt implementing ordinances that sequence or phase the authorization of advertising displays over time. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law generally regulates classes of insurance, including commercial property insurance. Existing law prohibits an insurer from canceling or refusing to renew a policy of residential property insurance for a property located in a ZIP Code within or adjacent to the fire perimeter for one year after the declaration of a state of emergency, if the cancellation or nonrenewal is based solely on the fact that the insured structure is located in an area in which a wildfire has occurred, except as specified. This bill would extend that prohibition against cancellation or nonrenewal and its exceptions to a policy of commercial property insurance, except as specified.

Former law, Chapter 319 of the Statutes of 2020, until July 1, 2023, established a task force to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department and sets forth its powers and duties, including, among others, receiving, investigating, and prosecuting complaints alleging violations of civil rights, as specified. This bill would establish the Bureau for Descendants of American Slavery within the department, under the control of the deputy director, who would be appointed by the Governor and confirmed by the Senate. The bill would require the bureau to create a Genealogy Division, as specified, and to verify an individual's status as a descendant and would require proof of an individual's descendant status to be a qualifying criterion for benefits authorized by the state for descendants. The bill would also require the bureau to create an Education and Outreach Division and a Legal Affairs Division. The bill would impose various requirements on the bureau relating to the collection, storage, and disclosure of personal and genetic information, as specified. The bill would authorize the bureau to receive moneys from any federal, state, or local grant and from any nongovernmental entity, as specified. This bill would make implementation of its provisions contingent upon appropriation by the Legislature, as specified. This bill would include findings and declarations relating to a gift of public funds. 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.

Existing law provides for the licensure of clinics and various health facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, generally requires the department to license, inspect, and regulate long-term health care facilities, including skilled nursing facilities. Existing law makes it a misdemeanor for any person to willfully or repeatedly violate the act, as specified. Existing regulations require skilled nursing facilities to adopt and follow a written external disaster and mass casualty program plan developed with the advice and assistance of county or regional and local planning offices. This bill would require skilled nursing facilities to review the external disaster and mass casualty program plan at least once per year. The bill would require, in adopting and updating the plan, skilled nursing facilities to, among other things, seek input from county or regional and local planning offices, including the medical health operational area coordinator (MHOAC) . By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law provides for the licensure of residential care facilities for the elderly (RCFEs) by the State Department of Social Services. Existing law requires an RCFE to have an emergency and disaster plan that includes specified information, including evacuation procedures. Under existing law, an RCFE is encouraged to have the plan be reviewed by local emergency authorities. This bill would instead encourage an RCFE to provide a copy of its emergency and disaster plan to the MHOAC, as specified. Existing law provides for the licensure of various facilities, including community care facilities, RCFEs, residential care facilities for persons with chronic life-threatening illnesses, child daycare facilities, and home care organizations by the State Department of Social Services and makes a violation of those provisions a crime. Existing law provides for the licensure of alcohol or other drug recovery or treatment facilities and alcohol or other drug programs by the State Department of Health Care Services. This bill would set forth provisions for the licensing status of the above-described entities, including medical foster homes for veterans, that are nonoperational due to its destruction, significant damage, or prolonged closure, during and as a result of an emergency or disaster proclaimed by the Governor, a federal emergency declaration, a federal major disaster declaration, or a federal fire management assistance declaration. This bill would require the State Department of Social Services to allow specified entities, when nonoperational as described above, to request inactive license status if the entity notifies the department that it intends to become operational again by being rebuilt or reopening in the same location. If an entity seeks to request inactive license status, the bill would require the entity to notify the department within 90 days of the proclamation or declaration and would authorize the department to extend the time to submit a request, as specified. In the case of an entity that is nonoperational, as specified, being rebuilt for the same purpose, and approved for inactive license status, the bill would authorize the department to waive, in whole or in part, the annual or biennial state licensing fees for the entity on a year-by-year basis. This bill would authorize alcohol or other drug recovery or treatment facilities and alcohol or other drug programs to request the State Department of Health Care Services to place its license or certification on inactive status as a result of an emergency or disaster if prescribed conditions are met. The bill would require a facility or program to request the current license or certification to be made inactive within 90 days of the applicable proclamation or declaration and would require the department, within 15 working days of receipt of the request, to provide written notification to the facility or program stating whether the request is complete or incomplete. The bill would establish the requirements for a facility or program to apply for reactivation of a license or certification. If an entity is licensed or certified by more than one state department within the California Health and Human Services Agency, is made nonoperational, and requests inactive license status or obtains an inactive license, this bill would require the governing state departments to coordinate operational steps, as specified. This bill would require the State Department of Health Care Services, for the duration of the first 30 calendar days following a proclamation or declaration, to require Medi-Cal managed care plans to presume that conditions are met for Emergency Remote Services in Community-Based Adult Services programs for purposes of an entity made nonoperational. The bill would also require the State Department of Social Services, for the duration of the first 90 calendar days following a proclamation or declaration, to waive in-person or daily attendance requirements for childcare programs for purposes of an entity made nonoperational. This bill would require the State Department of Social Services to collaborate with local building, planning, and permitting officials, the local fire marshal, and local childcare agencies and regional centers, to ensure swift and seamless processes for inspecting and licensing entities that are subject to the above-described provisions, as applicable. In the event of a proclamation or declaration, this bill would authorize the State Department of Public Health to continue to exercise its existing authority, as specified, and any proclamation or declaration authorizing alternative action. The bill would authorize the department to take specified actions, including, but not limited to, suspending a facility's beds, services, or license to assist facilities that have been rendered nonoperational due to a declared disaster. For certain facilities, beginning January 1, 2028, this bill would additionally authorize a licensee to request inactive license status for any other period of inactivity in the operation of the facility. The bill would prescribe requirements for a licensee to submit the request for inactive license status under those circumstances, including that the request be written on a form approved by the State Department of Social Services. The bill would generally prohibit a license from being valid during any period of inactive license status. By expanding the scope of existing crimes, 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.

(1) Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park that includes a replacement and relocation plan, as specified. Existing law requires the legislative body or advisory agency to review the report before any change of use, as provided. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing. This bill would require, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, as defined, the person or entity proposing that closure, cessation, or change of use to file an impact report, as described in the paragraph above, which also includes a technical service inspection report from the Department of Housing and Community Development that identifies the observed conditions within the park. By placing new requirements on local legislative bodies when approving permits for a change of use for mobilehome parks, this bill would impose a state-mandated local program. Existing law requires the person or entity proposing the change of use of a mobilehome park to pay to the displaced resident the in-place market value of the displaced resident's mobilehome, as provided. This bill would provide that if the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, the person or entity proposing the change of use of a mobilehome park is not required to pay to the displaced resident the in-place market value of the displaced resident's mobilehome. (2) Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law requires a dwelling to be deemed untenantable if it substantially lacks certain affirmative standard characteristics. This bill would impose a duty upon the landlord to undertake certain actions, within a reasonable time and according to specified cleaning protocols, as may be necessary to remediate any dilapidations that arise as a result of a disaster. The bill would establish a presumption that the presence at the rental unit of debris from the disaster renders the unit untenantable, until a determination has been made by a local public health agency or official that the debris does not contain toxic substances. This bill would require the landlord to notify the tenant in writing that the landlord has fulfilled its duty to remediate dilapidations and that the tenant may view various reports, if requested. The bill would specify that these provisions do not require a landlord to rebuild a residential real property or any portion thereof that has sustained damage as a result of a disaster, and that, unless lawfully terminated by either party, the tenancy remains in effect and the tenant has the right to return to the rental unit, at the same rental rate in effect immediately prior to the disaster, as soon as it is safe and practicable. (3) Existing law terminates the hiring of a thing by the destruction of the thing hired, or when the greater part of the thing hired perishes from any other cause than the want of ordinary care of the hirer. This bill would require the landlord to return to the tenant any advance rental payments made by the tenant when the hiring of residential real property is terminated due to damage or destruction of the property. The bill would also require management of a mobilehome park to return to the homeowner any advance rental payments made by the homeowner when the mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster. The bill would discharge the tenant's or homeowner's obligation to pay rent during any period during which a tenant or homeowner is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as provided. (4) Existing law makes the Commissioner of Financial Protection and Innovation the head of the Department of Financial Protection and Innovation, which executes the laws of this state relating to, among other things, residential mortgage lenders and servicers and mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders. This bill would require the commissioner to, upon the declaration of a state of emergency due to wildfire, as specified, coordinate with mortgage lenders and servicers subject to the commissioner's jurisdiction operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. (5) 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.