Sen. Sabrina Cervantes

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law allows for a claim to be presumed compensable if it has not been rejected within 90 days of filing, as specified. Existing law imposes a duty on an employer to provide certain safety materials and adopt safety practices as necessary. A failure to meet this duty, under specified circumstances, is a misdemeanor. This bill would, until July 1, 2024, define "injury," for certain state and local firefighting personnel, peace officers, certain correctional and law enforcement personnel, as described, certain health care employees who provide direct patient care at an acute care hospital, and certain fire and rescue services coordinators who work for the Office of Emergency Services to include illness or death resulting from COVID-19, that is diagnosed on or after January 1, 2020, if certain circumstances apply. The bill would create a disputable presumption, as specified, that the injury arose out of and in the course of the employment. The bill would require a claim to be presumed compensable, if not rejected within 30 days, as specified. This bill would explicitly add emergency equipment or personal protective equipment, as described, to those materials required to be provided by an employer. A failure to comply with this additional requirement would not constitute a misdemeanor. This bill would declare that it is to take effect immediately as an urgency statute.

The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank (I-Bank) . Among other things, the act authorizes I-Bank to make loans, issue bonds, and provide financial assistance to economic development or public development facilities. Under existing law, the Disaster Assistance Fund is continuously appropriated, without regard to fiscal year, for purposes of the California Disaster Assistance Act. That act provides that when funds are available for purposes of the act, the Governor may allocate the funds, in connection with relief provided, in affected areas during the period of federal disaster relief, to the Small Business Expansion Fund for use by the California Infrastructure and Economic Development Bank (I-Bank) , to provide guarantees for low-interest interim loans to be made by lending institutions for the purpose of providing interim financing to enable small businesses that have suffered actual physical damage or significant economic losses, as a result of the disaster or state of emergency for which funding is made available. This bill would enact the California Manufacturing Emergency Preparedness Act of 2020, which would authorize I-Bank to establish the California Manufacturing Disaster Loan and Loan Guarantee Program for the purpose of attracting, retaining, retooling, establishing, and expanding manufacturing and logistics capacity in the state, and would require I-Bank to establish guidelines for the implementation and oversight of the program. The bill would prohibit I-Bank from commencing the program until it adopts a resolution finding that there is sufficient funding in the account to cover the costs of implementing the program and that the I-Bank has sufficient direction from the Director of the Office of Emergency Services, as provided. The bill would require I-Bank to provide for the development and administration of the program, as specified, and would require program applicants to demonstrate satisfaction of specified requirements. The bill would also require each applicant to pay a nonrefundable application fee, as provided. The bill would create the Manufacturing Program Account within the California Infrastructure and Economic Development Bank Fund. The bill would authorize the Governor to allocate disaster relief funds, including funds in the Disaster Assistance Fund, to the Manufacturing Program Account for use by I-Bank, to cover the costs of administering the program and to provide direct loans or guarantees, or both, made by lending institutions, and to forgive those loans in appropriate circumstances, for the purpose of providing financing to enable the manufacturing and logistics sectors to support the emergency needs of Californians. The bill would provide that the moneys in the account be made available to I-Bank, upon a transfer of funds by the Director of Finance pursuant to an allocation by the Governor under the California Disaster Assistance Act, for specified purposes. The bill would authorize moneys in the account to be allocated to a lending institution or financial company that will act as trustee of the funds, with the approval of the Department of Finance. The bill would authorize I-Bank to create subaccounts in the account for specified purposes. Because this bill would expand the purposes for which a continuously appropriated fund is expended and would deposit moneys and fees into a new, continuously appropriated account, the bill would make an appropriation. The bill would require I-Bank to annually report, commencing with January 1, 2022, to the Governor and the Legislature on program activity, as specified, in any fiscal year that the program receives funding or has active loans. The bill would further provide that the above described provisions will be implemented only to the extent that sufficient moneys are available to I-Bank to implement the California Manufacturing Disaster Loan and Loan Guarantee Program. The bill would permit these provisions to be used to respond to, and recover from, the conditions arising from the state of emergency declared by the Governor on March 4, 2020, related to the COVID-19 virus. The bill would prohibit I-Bank from entering into loans or loan guarantees pursuant to the bill's provisions on or after January 1, 2026. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the State Department of Public Health within the California Health and Human Services Agency to develop and maintain a statewide community-based comprehensive perinatal services program to, among other things, ensure the appropriate level of maternal, newborn, and pediatric care services necessary to provide the healthiest outcomes for mothers and infants. Existing law also requires the department, until January 1, 2023, to investigate and apply for federal funding opportunities to support maternal mental health. Existing law requires, by July 1, 2019, licensed health care practitioners providing prenatal or postpartum care to screen or offer to screen mothers for maternal mental health conditions, and health care service plans and health insurers to develop maternal mental health programs, as specified. Existing law also requires, by January 1, 2020, each general acute care hospital with a perinatal unit to develop and implement a program to provide education and information to postpartum women, families, and specified hospital employees regarding maternal mental health conditions, including postpartum depression. This bill would declare the intent of the Legislature to address the shortage of treatment options for women suffering from maternal mental health disorders, including postpartum depression and anxiety disorders. This bill would create a pilot program, in the 10 largest counties by population, designed to increase the capacity of health care providers that serve pregnant and postpartum women up to one year after delivery to effectively prevent, identify, and manage postpartum depression and other mental health conditions. The pilot program would be coordinated by the State Department of Public Health and be privately funded. The bill would require the department to submit a report to the Legislature regarding the pilot program 6 months after the results of the pilot program are reported, as specified. The bill would repeal these provisions on January 1, 2025. Because the bill would require the 10 largest counties by population to participate in the program, 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 sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes, including, until July 1, 2023, an exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products, defined as tampons, specified sanitary napkins, menstrual sponges, and menstrual cups. Existing law requires the Department of Finance, beginning on May 15, 2020, to estimate the total dollar amount of revenue that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax exemption for menstrual hygiene products and requires the Controller to transfer that amount from the General Fund to the Local Revenue Fund 2011, a continuously appropriated fund, no later than June 30 of each fiscal year. This bill would establish a similar exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products beginning July 1, 2023, and would define menstrual hygiene products to additionally include menstrual underwear. The bill would provide that the Department of Finance is required to calculate, and the Controller is required to transfer, the total dollar amount of revenue prior to January 1, 2024, that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax with respect to menstrual hygiene products, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.

Existing law allows a person convicted of a criminal offense who has successfully completed the term of probation to, except as specifically exempted and under specified conditions and procedures, petition the court to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty or, if convicted after a plea of not guilty, petition the court to set aside the verdict of guilty and dismiss the accusatory pleading. Under existing law, a person granted relief pursuant to these provisions shall be released from all penalties and disabilities resulting from the offense, except as specified. This bill would specify that the dismissal does not release the defendant from the terms and conditions of any criminal protective order that was issued by the court in connection with the case and that those orders remain in full effect until their expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusatory pleading.

Under existing law, a registered voter may vote by mail by requesting a vote by mail ballot for a specific election or by becoming a permanent vote by mail voter. County elections officials must begin mailing ballots and other required materials to these voters no later than 29 days before the day of the election. Existing law, the California Voter's Choice Act, authorizes any county to conduct any election occurring on or after January 1, 2020, as an all-mailed ballot election if specified conditions are met. In an all-mailed ballot election held under the act, the county elections official must mail a ballot to every registered voter, regardless of whether the voter requested a vote by mail ballot or is a permanent vote by mail voter. This bill would require county elections officials to mail a ballot to every registered voter for the November 3, 2020, statewide general election. Existing law requires county elections officials to permit voters with a disability, and military or overseas voters, to cast a ballot using a certified remote accessible vote by mail system. This bill would require county elections officials to permit any voter to cast a ballot using a certified remote accessible vote by mail system for the November 3, 2020, statewide general election. Existing law requires the Secretary of State to establish, by January 1, 2020, a system that a county elections official may use to allow a voter to track the voter's vote by mail ballot through the mail system and processing by the county elections official. County elections officials are not required to use the system, however. This bill would require county elections officials to use the Secretary of State's system, or a system that meets the same specifications, for the November 3, 2020, statewide general election. Under existing law, a vote by mail ballot is timely cast if it is voted on or before election day and, if returned by mail, received by the voter's elections official via the United States Postal Service, or a bona fide private mail delivery company, no later than 3 days after election day. This bill would, for the November 3, 2020, statewide general election, extend the deadline by which vote by mail ballots must be received by the county elections official to the 17th day after election day. Under existing law, any jurisdiction having the necessary computer capability may start to process vote by mail ballots on the 10th business day before the election. This processing includes opening vote by mail ballot return envelopes, removing ballots, duplicating any damaged ballots, and preparing the ballots to be machine read, or machine reading them, including processing write-in votes so that they can be tallied by the machine, but under no circumstances may a vote count be accessed or released until 8 p.m. on the day of the election. This bill would authorize these jurisdictions, for the November 3, 2020, statewide general election, to begin processing vote by mail ballots on the 29th day before the election. By requiring county elections officials to mail a ballot to every registered voter, and to take other actions expanding vote by mail voting, including making remote accessible voting available to all voters, 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, 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing federal law allows a New Markets Tax Credit to a taxpayer holding a qualified equity investment in an amount equal to the applicable percentage of the amount paid to the qualified community development entity for investment in low-income communities. The state Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a California New Markets Tax Credit under the Personal Income Tax Law and the Corporation Tax Law, in modified conformity with the federal New Markets Tax Credit, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, in a specified amount for investments in low-income communities. The bill would limit the total annual amount of credit allowed pursuant to these provisions to $50,000,000 per calendar year. The bill would impose specified duties on the Governor's Office of Business and Economic Development (GO-Biz) with regard to the application for, and allocation of, the credit. The bill would require GO-Biz to establish and impose reasonable fees upon entities that apply for the allocation of the credit, to be deposited in the California New Markets Tax Credit Account established by the bill within the California Economic Development Fund, and use the revenue, upon annual appropriation by the Legislature, to defray the cost of applying to and administering the credits, as specified. The bill would only authorize the allocation for these credits for those taxable years for which moneys are appropriated to GO-Biz to administer these credits for those taxable years. Existing law requires any bill authorizing a new tax expenditure, including income tax credits under the Personal Income Tax Law and the Corporation Tax Law, to contain, among other things, specific goals, purposes, and objectives that the new tax expenditure will achieve, detailed performance indicators, and data collection requirements, as provided. This bill would also include that additional information required for any bill authorizing a new tax expenditure. The bill would provide that its provisions are severable. This bill would take effect immediately as a tax levy.

Existing law provides for the implementation by the State Department of Public Health of a statewide, comprehensive community‑based perinatal services program and requires the department to enter into contracts, grants, or agreements with health care providers to deliver those services in a coordinated effort, as specified, in medically underserved areas or areas with demonstrated need. This bill would require the department, for purposes of that program, to develop and maintain on its internet website a referral network of community-based mental health providers and support services addressing postpartum depression, prenatal, delivery, and postpartum care, neonatal and infant care services, and support groups, to improve access to postpartum depression screening, referral, treatment, and support services in medically underserved areas and areas with demonstrated need.