Sen. Sabrina Cervantes

(1) Existing law requires the Office of Emergency Services to enter into a joint powers agreement, as specified, with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program, known as the California wildfire mitigation financial assistance program, that, among other things, encourages cost-effective structure hardening and retrofitting that creates fire-resistant homes, businesses, and public buildings. This bill would require the joint powers authority to consider revising the wildfire mitigation program in accordance with prescribed community hardening standards and guidelines developed pursuant to the bill's provisions, as specified below. (2) Existing law establishes the Department of Insurance, headed by the Insurance Commissioner, which regulates insurers and insurance practices. Existing law generally regulates classes of insurance, including fire insurance. This bill would establish the Community Hardening Commission as an independent unit within the Department of Insurance, to be composed of specified members, including, among others, the Insurance Commissioner and the State Fire Marshal or their designee. The bill would require the Insurance Commissioner to be the chair of the commission. The bill would also require the commission to be advised by an advisory council consisting of specified members, including, among others, a local representative on behalf of a city or county, or association representing cities and counties, and a representative of the California Fire Chiefs Association. By imposing additional duties on local representatives of a city or county, this bill would impose a state-mandated local program. This bill would also require the Insurance Commissioner, beginning January 1, 2026, and at least quarterly thereafter, to convene the commission to perform specified duties, including developing new wildfire community hardening standards to reduce fire risk and improve access to fire insurance. The bill would require the commission to make certain recommendations to the Insurance Commissioner, the Office of Emergency Services, and the Department of Forestry and Fire Protection in accordance with specified standards. The bill would require the commission to consult with specified stakeholders, including those from public safety districts and the insurance industry, in performing the duties described above. The bill would require the commission, on or before July 1, 2027, to complete the new standards described above and submit a report to the Legislature on additional actions needed to support cities, counties, and members of those communities in home hardening and wildfire mitigation. The bill would also require the commission to periodically review and update those standards, as specified. The bill would further authorize the commission to take various other related actions, including entering into confidential data sharing agreements and coordinating with the relevant legislative committees to secure documentation or specified information. This bill would also require the Department of Insurance, on or before July 1, 2027, in consultation with the Department of Forestry and Fire Protection, the Office of Emergency Services, and the commission, to develop guidelines for state and local agencies to aggregate and make available data related to wildfire risk for purposes of a data sharing platform. (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. (4) 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 establishes in the Business, Consumer Services, and Housing Agency the Department of Real Estate to license and regulate real estate licensees, and the Department of Consumer Affairs, which is composed of various boards that license and regulate various businesses and professions. This bill would authorize the Department of Real Estate and boards under the jurisdiction of the Department of Consumer Affairs to waive the application of certain provisions of the licensure requirements that the board or department is charged with enforcing for licensees and applicants who reside in or whose primary place of business is in a location damaged by a natural disaster for which a state of emergency is proclaimed by the Governor, as specified, or for which an emergency or major disaster is declared by the President of the United States, including certain examination, fee, and continuing education requirements. The bill would require a board to notify the director of the Department of Consumer Affairs in writing of any waiver approved by that board, and would prohibit the waiver from taking effect for a period of 5 business days after the director receives the notification from the board. The bill would authorize the director to approve or disapprove a waiver within the 5 business days described above, and require the director to notify the board of any decision to approve or disapprove a waiver within those 5 business days. The bill would prohibit a waiver from taking effect if the director disapproves the waiver, and require a waiver that is approved by the director, or that fails to be approved or disapproved by the director within the 5 business days described above, to take effect the following day. The bill would require the Department of Consumer Affairs to, among other things, post each waiver that takes effect on its website. The bill would exempt the above-described licensees of boards from, among other requirements, the payment of duplicate license fees. The bill would require all applicants and licensees of the boards under the Department of Consumer Affairs to provide the board with an email address. The bill would prohibit a contractor licensed pursuant to the Contractors State License Law from engaging in debris removal unless the contractor has one of specified license qualifications or has been authorized by the registrar of contractors during a declared state of emergency or for a declared disaster area due to a natural disaster. The bill would require a licensee authorized to perform debris removal to pass an approved hazardous substance certification examination, and comply with certain occupational safety and health requirements concerning hazardous waste operations and emergency response, as specified. The bill would require the Real Estate Commissioner, immediately upon the declaration of a natural disaster for which a state of emergency, emergency, or major disaster is proclaimed or declared as described above, to determine the nature and scope of any unlawful, unfair, or fraudulent practices, as specified, and provide specified notice to the public regarding those practices. The bill would authorize the commissioner to suspend or revoke a real estate license if the licensee, until one year following the declaration of a natural disaster for which a state of emergency, emergency, or major disaster is proclaimed or declared as described above, makes an unsolicited offer to an owner of real property to purchase or acquire an interest in the real property, when that property is located in an area included in a declared federal, state, or local emergency or disaster, for an amount less than the fair market value, as defined, of the property or interest of the property, as specified. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. This bill would create the California Latino Commission to address the inequities faced by the Latino community in housing, education, economic mobility, labor, and health care. The commission would consist of 9 members who have demonstrated expertise in specified areas, including housing policy and advocacy and economic development. The bill would task the commission with, among other things, collecting and analyzing data, developing recommendations, and monitoring the implementation of state programs and policies affecting the Latino community, as specified. The bill would require the commission to work with other state agencies and to submit an annual report to the Governor and the Legislature. The bill would establish that the commission and its activities would be supported by appropriations by the Legislature from the General Fund and grants from federal and private sources. The bill would repeal these provisions on January 1, 2036.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law requires a health care service plan or disability insurer to allow an individual to enroll in or change their health benefit plan as a result of a specified triggering event. This bill, the PARENT Act, would make pregnancy a triggering event for purposes of enrollment or changing a health benefit plan. Because a willful violation of this provision by a health care service plan 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.

Existing law requires electrical corporations, local publicly owned electric utilities, and electrical cooperatives to annually prepare wildfire mitigation plans that include, among other things, descriptions of protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts on public safety and protocols related to mitigating public safety impacts of disabling reclosers and deenergizing portions of the electrical distribution system. Existing law requires the wildfire mitigation plans of electrical corporations to identify circuits that have frequently been deenergized pursuant to a deenergization event to mitigate the risk of wildfire and the measures taken, or planned to be taken, by the electrical corporation to reduce the need for, and impact of, future deenergization of those circuits. This bill would require electrical corporations to work with representatives of state agencies and community-based organizations that serve, advocate on behalf of, or serve and advocate on behalf of, persons from the access and functional needs population, as defined, to develop and make publicly available a plan to support that population during deenergization events, as provided. The bill would require electrical corporations, after each deenergization event, to prepare a post-deenergization event report, as provided, and would require the report to be filed, served, distributed, and published, as specified. The bill would require the Public Utilities Commission, on or before January 1, 2027, to determine whether that report should also include other specified information. Existing law requires the commission to require an electrical corporation to include in an annual reliability report information on the reliability of service to end-use customers that identifies the frequency and duration of interruptions of service. Existing law requires that information in the annual reliability report prepared by an electrical corporation and made publicly available be provided with sufficient confidentiality to protect electrical system security. This bill would require the commission, on or before January 1, 2027, to determine whether its existing policies, procedures, and rules should be revised or enhanced to augment the safety and reliability of the electrical distribution system, as provided. The bill would require a local publicly owned electric utility to prepare an annual reliability report that identifies the frequency and duration of interruptions of service and includes certain other information. The bill would require that information in the annual reliability report prepared by the local publicly owned electric utility and made publicly available be provided with sufficient confidentiality to protect electrical system security. By imposing additional duties on a local publicly owned electric utility, the bill would impose a state-mandated local program. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. 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 specified reasons.

(1) Existing law, the Unfair Competition Law, makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. This bill would additionally make a person who violates those provisions, if the act or acts of unfair competition are perpetrated against one or more persons displaced due to a state of emergency or local emergency, as defined, at the time the violation occurred, liable for a civil penalty not to exceed $2,500 for each violation, as specified. (2) Existing law, the Consumers Legal Remedies Act, makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer. These include, among others, making false or misleading statements of fact concerning reasons for, existence of, or amounts of, price reductions. This bill would additionally make it unlawful under those provisions to, among other things, price gouge during a state of emergency or local emergency. (3) Existing law requires the trier of fact, in a civil action to redress unfair or deceptive acts or practices or unfair competition brought by, on behalf of, or for the benefit of senior citizens, disabled persons, or veterans, to consider specified factors in determining the amount of a discretionary fine, penalty, or remedy to be imposed. Existing law authorizes the trier of fact, upon a finding of one of those factors, to impose a fine, penalty, or other remedy in an amount up to 3 times greater than the amount authorized by statute or the amount the trier of fact would impose in the absence of the affirmative finding. This bill would make those provisions applicable to persons displaced due to a state of emergency or a local emergency, as defined, at the time the violation occurred. (4) Under existing law, upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days or 180 days, as specified, following the proclamation or declaration of emergency, it is a misdemeanor for a person, contractor, business, or other entity to sell or offer to sell certain goods or services for a price of more than 10% greater than the price charged by that person immediately prior to the proclamation or declaration of emergency. Existing law authorizes the extension of these prohibitions by, among others, the Governor, if deemed necessary to protect the lives, property, or welfare of the citizens. Existing law defines "housing" as any rental housing with an initial lease term of no longer than one year. This bill would specify that an extension authorized by the Governor may be terminated by a concurrent resolution of the Legislature declaring it at an end. The bill would require a housing listing platform, during the period of 30 days following a proclamation of a state emergency or a declaration of a local emergency, as specified, to, among other things, remove a listing when notified by local, regional, or state law enforcement agencies that the price for a listing made available on the platform violates the price gouging provisions and establish and maintain a policy informing housing providers that listings are prohibited from violating the above-described provisions, as specified. This bill would define "housing listing platform" for these purposes as an internet website, application, or other similar centralized platform that acts as an intermediary between a consumer and another person which allows another person to list the availability of housing, lodging, or units for sale or for rent to a consumer. The bill would remove the one-year lease term limit from the definition of "housing."

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act's requirements a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law also 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 pursuant to a schedule of benefits. Existing law sets forth specified coverage requirements for health care service plan contracts and health insurance policies. Existing law generally authorizes a health care service plan or health insurer to use utilization controls to approve, modify, delay, or deny requests for health care services based on medical necessity. Existing law requires health care service plans and health insurers, as specified, within 6 months after the relevant department issues specified guidance, or no later than March 1, 2025, to require all of their staff who are in direct contact with enrollees or insureds in the delivery of care or enrollee or insured services to complete evidence-based cultural competency training for the purpose of providing trans-inclusive health care for individuals who identify as transgender, gender diverse, or intersex. This bill would require a health care service plan contract or health insurance policy issued, amended, renewed, or delivered on or after the bill's operative date that provides outpatient prescription drug benefits to cover up to a 12-month supply of a United States Food and Drug Administration (FDA) -approved prescription hormone therapy, and the necessary supplies for self-administration, that is prescribed by a network provider within their scope of practice and dispensed at one time, as specified. The bill would make the same prescription hormone therapy a covered benefit under the Medi-Cal program, as specified. The bill would prohibit a plan or an insurer from imposing utilization controls or other forms of medical management limiting the supply of this hormone therapy to an amount that is less than a 12-month supply, but would not prohibit a contract, a policy, or the Medi-Cal program from limiting refills that may be obtained in the last quarter of the plan, policy, or coverage year if a 12-month supply of the prescription hormone therapy has already been dispensed during that year. The bill would exclude a Medi-Cal managed care plan contracting with the State Department of Health Care Services from these requirements. The bill would repeal these provisions on January 1, 2035. This bill would prohibit a subscriber, enrollee, policyholder, or insured from being excluded from enrollment or participation in, being denied the benefits of, or being subjected to discrimination by, any health care service plan or health insurer licensed in this state, on the basis of race, color, national origin, age, disability, or sex. The bill would define discrimination on the basis of sex for those purposes to include, among other things, sex characteristics, including intersex traits, pregnancy, and gender identity. The bill would prohibit a health care service plan or health insurer from taking specified actions relating to providing access to health programs and activities, including, but not limited to, denying or limiting health care services to an individual based upon the individual's sex assigned at birth, gender identity, or gender otherwise recorded. The bill would prohibit a health care service plan or health insurer, in specified circumstances, from taking various actions, including, but not limited to, denying, canceling, limiting, or refusing to issue or renew health care service plan enrollment, health insurance coverage, or other health-related coverage, or denying or limiting coverage of a claim, or imposing additional cost sharing or other limitations or restrictions on coverage, on the basis of race, color, national origin, sex, age, or disability, as specified. Because a violation of the bill's requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. Existing law requires a pharmacist to dispense, at a patient's request, up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive pursuant to a valid prescription that specifies an initial quantity followed by periodic refills. This bill would additionally require a pharmacist to dispense, at a patient's request, up to a 12-month supply of an FDA-approved, prescription hormone therapy pursuant to a valid prescription that specifies an initial quantity followed by periodic refills, unless an exception is met. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the Arts Council and sets forth the duties of the council in promoting the arts in the state. Existing law establishes the position of California Poet Laureate, who is appointed for a specified term by the Governor, confirmed by the Senate from a list of nominees garnered by the council through a specified process, and who performs prescribed duties. This bill would make nonsubstantive changes to provisions concerning the nomination and appointment of the California Poet Laureate.

The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including charging or receiving an unreasonable fee, as defined, to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services, as defined to include, among other things, veterans pensions. This bill would expand the definition of public social services to also include other veterans benefits. The bill would also expand the definition of an unreasonable fee to include a fee charged with respect to federal veterans benefits that exceeds the amount that could be charged for those services by an attorney or claims agent accredited by the United States Department of Veterans Affairs. Existing law prohibits a person from, in connection with any transaction or any sale of goods or services, electronically accessing a Common Access Card (CAC) issued to a service member, placing or requiring the placement of such a CAC in a smart card reader, requesting or requesting entry of the personal identification number (PIN) associated with such a CAC, or requiring a service member to log in to any United States Department of Defense or, in the case of a member of the United States Coast Guard, United States Department of Homeland Security computer system. Existing law makes void a transaction or sale entered into in violation of these provisions. This bill would extend the above-described restrictions to prohibit requiring a former or current service member to log in or share their credentials for accessing, or accessing with another person's credentials, any United States Department of Defense, United States Department of Veterans Affairs, or United States Department of Homeland Security computer system. Except as provided, the bill would prohibit a person from, in connection with any transaction or any sale of goods or services, directly or indirectly soliciting, contracting for, charging, or receiving, or attempting to solicit, contract for, charge, or receive, any fee or compensation with respect to the preparation, presentation, or prosecution of any claim for benefits under the laws administered by the United States Department of Veterans Affairs. The bill would also make void a contract performed in violation of these provisions. The bill would make violations of these provisions a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

This measure would, among other things, reaffirm California's commitment to universal human rights and call for the end to the humanitarian catastrophe in Gaza and the immediate release of all hostages.