Sen. Bob Archuleta

Existing law authorizes area agencies on aging and other county agencies that provide services to older adults through an established multidisciplinary team to provide information regarding older adult clients only to other county agencies with staff designated as members of a multidisciplinary team that are, or may be, providing services to the same individuals for purposes of identifying and coordinating the treatment of individuals served by more than one agency. This bill would specifically authorize an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating services. Under the bill, any discussion relative to the disclosure or exchange of the information or writings during a team meeting would be confidential and testimony concerning that discussion would not be admissible in any criminal, civil, or juvenile court proceeding. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed by each area agency on aging or county, as specified, and would require each area agency on aging or county to provide a copy of its protocols to the California Department of Aging. The bill would require the protocols to include a requirement that, unless otherwise permitted by law, an area agency on aging or county obtain the affirmative consent of an individual or their representative before the individual's information is shared and a requirement to notify an individual, among other things, that they may opt out of sharing information at any time. This bill would authorize the aging multidisciplinary personnel team to designate qualified persons to be members of the team for a particular case and would require every member who receives information or records regarding adults and families in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. 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 provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding or any trial or hearing of a juvenile for a criminal offense, as specified. Because this bill would exclude from a criminal or juvenile court proceeding any discussion relative to the disclosure or exchange of information or writings during an aging multidisciplinary personnel team meeting, which would otherwise be admissible, it requires a 23 vote of each house of the Legislature.

(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.

Existing law requires the State Department of Public Health to implement and administer a residential lead-based paint hazard reduction program, as specified, including adopting regulations regarding accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work, as defined, and certification of employees who have successfully completed that training. Existing law requires the department to adopt regulations to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified. Existing law requires those fees to be deposited into the Lead-Related Construction Fund, as specified, and to be available for specified uses upon appropriation by the Legislature. This bill would require the department to review and amend its regulations governing lead-related construction work, including training and certification for workers and accreditation for trainers in lead-safe work practices, to comply with existing state regulations and the United States Environmental Protection Agency's Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to establish fee provisions for those certifications and accreditations. The bill would require the fees to be deposited into the Lead-Related Construction Fund. The bill would require the department to adopt emergency regulations to implement these provisions, as specified. Existing law requires certain persons engaged in lead construction work to have a certificate. A violation of that provision is a crime. This bill, on and after January 1, 2024, would further require a firm, as defined, and at least one person onsite and employed by a firm, doing renovation, repair, or painting work that will disturb lead-based paint or presumed lead-based paint, as defined, to have a certificate. The bill would also make a violation of these provisions punishable by a civil or criminal penalty, as specified. By creating a new crime, the bill would impose a state-mandated local program. This bill, on or before July 1, 2023, would require the department to develop and implement an education and outreach program for every person and firm that is required to have a certificate, to include information on who is required to have a certificate and the requirements and process to obtain a certificate. The bill would require the department to provide educational and outreach materials to the Contractors State License Board for the board to post on its internet website. 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 California Constitution provides that the University of California constitutes a public trust, and requires the university to be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. Existing law establishes the Hastings College of the Law, under the governance of an 11-member Board of Directors of the Hastings College of the Law, within the University of California. Existing law provides that the college shall forever be known and designated as the Hastings College of the Law. Under existing law, six directors constitutes a quorum for the transaction of all business of the college's board of directors. Existing law requires one of the directors to always be an heir or representative of Serranus Clinton (S.C.) Hastings and all other directors to serve 12-year terms. Existing law requires vacancies occurring in the board of directors other than the death or resignation of the heir or representative of S.C. Hastings to be filled by the Governor and approved by the Senate. This bill would instead provide that the college shall be designated as the College of the Law, San Francisco, as provided. The bill would make conforming changes. The bill would specify that a majority of directors constitutes a quorum for the transaction of all of the board of directors' business, and would require all directors to serve 12-year terms, except as provided. The bill would require all vacancies occurring on the board of directors, including a vacancy of the heir or representative of S.C. Hastings, to be filled by the Governor and approved by the Senate. This bill would incorporate additional changes to Section 67385 of the Education Code proposed by AB 1467 to be operative only if this bill and AB 1467 are enacted and this bill is enacted last.

Existing law authorizes the Department of Motor Vehicles to issue and renew driver's licenses, as specified. Existing law also authorizes the department to issue identification cards. Existing law requires the department to issue a restricted driver's license to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they meet all other qualifications for licensure and provide satisfactory proof of identity and California residency. Existing law also authorizes the department to issue an identification card to a person documented under the federal Deferred Action for Childhood Arrivals program. This bill would, among other things, require the department to, by no later than July 1, 2027, issue a restricted identification card to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they provide satisfactory proof of identity and California residency, as specified. Existing law requires the restricted licenses and identification cards to include a recognizable feature on the front of the cards, such as the letters "DP" instead of "DL" and "IC" instead of "ID." This bill would delete the provision requiring a recognizable feature on the cards. Existing law prohibits California law enforcement agencies from cooperating, as specified, with federal immigration authorities. Existing law prohibits the disclosure of certain documents provided by an applicant to the department, except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. This bill would specify that immigration enforcement, as defined, does not constitute an urgent health and safety need for those purposes, and would prohibit a government agency or department, law enforcement agency, commercial entity, or other person from obtaining, accessing, using, or otherwise disclosing, noncriminal history information maintained by the department, for the purpose of immigration enforcement. The bill would make other conforming changes. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 523 to be operative only if this bill and SB 523 are enacted and this bill is enacted last.

Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes a county board of supervisors, by ordinance, to establish a commission to negotiate an exclusive contract with the department and to arrange for the provision of health care services under the Medi-Cal program. This system of services provided by or through a county under these provisions is known as a county organized health system. Pursuant to this authority, the County of Orange, by ordinance, established a commission, known as the Orange County Health Authority, or CalOptima, to provide health care services under the Medi-Cal program. Existing law codifies the establishment of the Orange County Health Authority and vests governance of the authority in a 10-member governing body. Existing law prescribes the membership of the governing body, which includes, among others, 2 members of the Board of Supervisors of the County of Orange, one member who is a current or former hospital administrator, and one member who is a representative of a community clinic. Existing law requires a member of the governing body to serve a 4-year term, except for a member who is a member of the Board of Supervisors of the County of Orange, who is required to serve a one-year term. Existing law prohibits a member of the governing body, except for a member of the Board of Supervisors of the County of Orange, from serving more than 2 consecutive terms. This bill would prohibit an individual who served a one-year term on the governing body as a member of the board of supervisors from being appointed to serve a 4-year term under any of the other categories within 12 months of the expiration of their one-year term. Under existing law, the voting members are nominated by the Orange County Health Care Agency and are appointed by a majority vote of the board of supervisors. This bill would require the board of supervisors to consult with stakeholders in the County of Orange, as specified, for purposes of identifying qualified individuals to be considered as members of the governing body. Existing law requires members of the governing body to, among other things, strive to improve health care quality, promote prevention and wellness, ensure the provision of cost-effective health and mental health care services, and reduce health disparities. This bill would require the members of the governing body to ensure the provision of cost-effective behavioral health care services, rather than mental health care services, and would additionally require the members to address the needs of Medi-Cal members who are affected by homelessness and housing instability, improve quality outcomes, and manage the risk and needs of Medi-Cal beneficiaries through whole-person care approaches and addressing social determinants of health. This bill would require a member of the governing body who has a financial interest in a decision of the governing body to, upon identifying a conflict of interest or a potential conflict of interest, take certain actions, including publicly identifying the financial interest that gives rise to the conflict of interest or potential conflict of interest, recusing the member's own self from discussing and voting on the matter, and leaving the room until after the discussion, vote, and any other disposition of the matter is concluded. This bill would prohibit members of the governing body, for a period of one year after leaving office, from acting as an agent or attorney for, or otherwise representing, for compensation, any other person, by making any appearance before, or by making any communication to, the commission, as specified, if the appearance or communication is made for the purpose of influencing the commission to take certain actions. The bill would also prohibit specified members of the governing body, for a period of one year after leaving office, from serving as an employee, agent, or attorney for, or otherwise representing, for compensation, the Orange County Health Authority or any other entity that received an expenditure of Medi-Cal funds from the Orange County Health Authority during the prior 5 years, with exceptions, including if the member is returning to or continuing a role they held when appointed to the governing body. This bill would eliminate the January 1, 2023, repeal date for the authority, thereby extending the authorization for the authority indefinitely. The bill would make other clarifying changes. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.

Existing law requires every motor vehicle subject to registration to be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise and prohibits a muffler or exhaust system from being equipped with a cutout, bypass, or similar device. Existing law further prohibits the modification of an exhaust system of a motor vehicle in a manner that will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle exceeds existing noise limits when tested in accordance with specified standards. This bill would require the Department of the California Highway Patrol to evaluate the efficacy of sound-activated enforcement devices by evaluating devices from at least 3 different companies, and would require the department, on or before January 1, 2025, to prepare and submit its findings and recommendations from the evaluation in a report to the Legislature, as specified. 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) Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies by agreement to exercise any power common to the contracting parties. Existing law requires the agreement to state the purposes of the agreement or the power to be exercised, and provides that the agency or entity provided by the agreement to administer or execute the agreement may be one or more of the parties to the agreement, a commission or board constituted pursuant to the agreement, or a person, firm, or corporation, including a nonprofit corporation, designated in the agreement. Existing law authorizes the agreement to, among other things, provide for the repayment or return to the parties of all or any part of any contributions, payments, or advances made by the parties and for payment to the parties of any sum or sums derived from the revenues of said facilities and authorizes the contracting parties to the agreement to issue revenue bonds to pay the cost and expenses of acquiring or constructing a project or conducting a program for specified purposes. This bill, notwithstanding any other provision of the act, would authorize a private, nonprofit corporation formed for the purposes of providing services to zero-emission transportation systems or facilities, including, but not limited to, finance, design, construction, operation, or maintenance, or authorized by their board of directors to provide such services, to join a joint powers authority or enter into a joint powers agreement with a public agency to facilitate the development, construction, and operation of zero-emission transportation systems or facilities that lower greenhouse gases, reduce vehicle congestion and vehicle miles traveled, and improve public transit connections. The bill, notwithstanding any other law, would prohibit a joint powers authority formed pursuant to these provisions from incurring debt. Under the bill, the authority would be governed by a board of directors, composed as determined by the participating public agency or agencies. The bill would prohibit the representation of private, nonprofit mutual benefit corporations on the board of directors from exceeding 50%. The bill would define terms for its purposes. The bill's provisions would be repealed on January 1, 2032. (2) Existing law sets forth requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities, including requirements applicable if the public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce, as defined, to complete a contract or project. Except as specified, existing law requires that, for workers employed on public works, as defined, not less than the general prevailing rate of per diem wages, determined as provided by the Director of Industrial Relations, for work of a similar character in the locality in which the public work is performed be paid to those workers, as provided. This bill, except as specified, would require a joint powers authority formed pursuant to the bill that undertakes a project to obtain an enforceable commitment that any entity undertaking the project will use a skilled and trained workforce. The bill would require a private entity performing the work on a project for the joint powers authority to certify, in writing and under penalty of perjury, that prevailing wages will be paid to workers on the project, as provided, and that a skilled and trained workforce will be used to perform all construction work on the project. By requiring private entities performing work on a project under these provisions to certify this information, thereby expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law specifies that employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law, as specified. Existing law also, notwithstanding that or any other provision, authorizes employee members to elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations. This bill would recast those provisions to instead require that employee members of reserve military units and the National Guard required to perform inactive duty obligations, other than inactive and active duty training drill periods, as specified, be granted military leave of absence without pay as provided by federal law. The bill would also authorize employee members that attend or perform inactive duty obligations, other than inactive and active duty training drill periods, as specified, to elect to use vacation time or accumulated compensatory time off to attend those other obligations. Existing law specifies that an employee who is granted a short-term military leave of absence for active military duty, but not for inactive duty, including scheduled reserve drill periods, and who for a period of not less than one year immediately before the effective date of active duty has had continuous state service that is not broken by a permanent separation, or who has had continuous state service immediately before the effective date of active duty not broken by a permanent separation and sufficient recognized military service to equal one year, shall be entitled to receive their salary or compensation for the first 30 calendar days of active duty served during the absence. This bill would also entitle an employee to receive that compensation for short-term military leave of absence for National Guard active duty and inactive duty training drill periods.

(1) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board (state board) as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. This bill would require the state board, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) and Public Utilities Commission (PUC) , to prepare an evaluation posted to the state board's internet website by June 1, 2024, that includes specified information relative to the deployment, development, and use of hydrogen. The bill would require the state board, in making this evaluation, to consult with the California Workforce Development Board and labor and workforce organizations. (2) Existing law requires the Energy Commission, beginning November 1, 2003, and every 2 years thereafter, to adopt an integrated energy policy report that includes an overview of major energy trends and issues facing the state. This bill would require the Energy Commission, as part of the 2023 and 2025 editions of the integrated energy policy report, to study and model potential growth for hydrogen and its role in decarbonizing, as defined, the electrical and transportation sectors of the economy, and helping to achieve specified goals. (3) Existing law requires the PUC, state board, and Energy Commission to consider green electrolytic hydrogen an eligible form of energy storage, and to consider other potential uses of green electrolytic hydrogen. This bill would require the PUC, state board, and Energy Commission to consider other potential uses of green electrolytic hydrogen specifically in all of their decarbonization strategies, as defined.