Sen. Catherine Blakespear

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 health insurers by the Department of Insurance. Existing law sets forth specified prior authorization and step therapy limitations for health care service plans and health insurers. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2027, to require a health care service plan or health insurer to complete prior authorization within 30 days upon initial request, as specified, for a drug approved by the United States Food and Drug Administration (FDA) for the treatment of a rare disease if the drug is prescribed by a specialist with expertise in the condition or disease being treated, the specialist has determined the drug is medically necessary, and the drug is the only FDA-approved treatment for the rare disease. Because a willful violation of these provisions 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.

(1) Existing law requires a person engaged in the production of human whole blood or human whole blood derivatives to be licensed by the state, and requires licensed blood banks and blood transfusion services to meet specified standards. Existing law authorizes the State Department of Public Health to establish and require compliance with additional requirements, as specified. A violation of these licensing provisions is a misdemeanor. Existing law requires a license to be automatically revoked when there is a change of address, ownership, or person in charge of biologics production. Existing law authorizes a new license to be secured for the new location, owner, or person in charge prior to the actual change, as specified. This bill would prohibit the department from automatically revoking the plasma collection center's license when there is a change of the person in charge of biologics production if the owner or the owner's representative provides written notification of the change to the department within 5 days of the change, as specified, and the licensee submits, within 30 days of the change, the application for a new person in charge of biologics production. The bill would prohibit a licensee from operating without the supervision of a medical director. The bill would authorize a licensee to designate an interim person in charge of biologics production for a period not to exceed 30 calendar days if certain conditions are met. The bill would require plasma centers and their auxiliaries to be under the direction of a medical director or person in charge of biologics production who meets specified qualifications, including being a physician and surgeon and having a minimum of 3 months of experience or training in plasma center methods. Existing law requires each blood bank or plasma center to require as identification either a photographic driver's license or other photographic identification that is issued by the Department of Motor Vehicles from all donors of human whole blood or blood components who receive payment in return for the donation of the blood or blood components. The bill would instead require each blood bank or plasma center to require identification issued by the Department of Motor Vehicles, as described above, or photographic identification issued by another state, federal agency, or tribal government from all donors of human whole blood or blood components who receive payment in return for the donation of the blood or blood components. By creating new crimes, this bill would impose a state-mandated local program. (2) Existing law requires certain establishments that receive specified human whole blood and derivatives to be considered blood bank depositories and requires specified procedures on blood for transfusion to be the sole responsibility of the blood bank depository. This bill would specify that source plasma donation centers, as defined, that are licensed pursuant to the above-described provisions are not blood bank depositories. (3) Existing law authorizes a person to perform a total protein test using a digital refractometer in a licensed plasma collection center in this state, if the State Department of Public Health determines several conditions are met, including, among others, that the person meets specified training and education requirements, and performs the total protein test under supervision and using standard operating procedures, as specified. This bill would also require the department to determine that the licensed plasma collection center's supervising medical director has sufficient proficiency and knowledge with the use and supervision of digital refractometers in performing total protein tests. The bill would authorize a licensed plasma collection center's medical director to delegate to other licensed health care professionals, as approved by the department, the performance of health services duties, including donor screenings, predonation health screenings, and donor suitability assessments. (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 no reimbursement is required by this act for a specified reason.

Existing law authorizes any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described. This bill would, beginning on January 1, 2028, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on January 1, 2028, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last.

Existing law, the Uniform TOD Security Registration Act, provides for the transfer of ownership or proceeds of a security, as defined, by a registering entity to the designated beneficiary or beneficiaries upon the death of the owner without probate or estate administration. Existing law authorizes a security to be registered in beneficiary form if the form is authorized by statute, as specified. Existing law specifies that, upon the death of the sole owner or the last to die of multiple owners, ownership of a security registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. This bill would require a registering entity that receives information establishing knowledge of the death of all owners of a security designated for nonprobate transfer held by that registering entity to initiate its beneficiary notification process, as specified. The bill would require the registering entity to make a reasonable and good faith effort, as defined, to notify each named beneficiary. The bill would require a beneficiary to receive their designated share within 60 days of providing all required documentation to the registering entity, as specified. This bill would specify the necessary information for a nonprofit corporation, charitable trust, or entity that is exempt from federal taxation to establish its legal identity for these purposes. The bill would prohibit a registering entity from requesting additional information, including, among other things, a social security number and driver's license number, from an individual employed by, or serving on the board of, those types of beneficiaries, except as specified. The bill would require a registering entity to permit those types of beneficiaries to demonstrate their entitlement to a security by providing specific documentation. The bill would make its provisions applicable to those types of beneficiaries commencing January 1, 2027. The bill would make its provisions applicable to all other beneficiaries commencing January 1, 2028, if the death of the final owner occurs on or after that date. This bill would make its provisions inapplicable if the death of all owners of a security occurred before January 1, 2027.

Existing law establishes the State Water Resources Control Board in the California Environmental Protection Agency (CalEPA) and the California regional water quality control boards which prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Existing law, the Petroleum Industry Information Reporting Act of 1980, requires refiners, as defined, to report monthly to the State Energy Resources Conservation and Development Commission (Energy Commission) , for each of their refineries, specified information, and requires that any confidential information pertinent to the responsibilities of the Energy Commission, as provided, which is obtained by another state agency be available to the Energy Commission and be treated in a confidential manner. This bill would require, no later than December 31, 2028, every refiner, as defined for purposes of the bill, to submit to CalEPA a retirement plan setting forth information concerning decommissioning and site remediation for every refinery it owns, operates, or controls, as provided. The bill would require the CalEPA, no later than 6 months following the submission of the retirement plan, to review the retirement plan for completeness and reasonableness and to make a determination as to whether the retirement plan complies with the requirements imposed by the bill. The bill would require CalEPA, if it determines that the retirement plan complies with the bill's requirements, to make the retirement plan available on CalEPA's internet website for public comments for not less than 45 days. The bill would authorize CalEPA to require further revisions to the retirement plan after the public comment period, as provided, before it is deemed final. The bill would require CalEPA, after CalEPA has determined that no further revisions are necessary, to promptly post the final retirement plan on its internet website. This bill would require a refiner who, on or after January 1, 2026, gives notice of intent to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring, as provided, to submit either the required retirement plan, or, if a final retirement plan has been released, an update of the retirement plan within a specified timeframe, as provided. The bill would require, on or before December 31, 2027, CalEPA to publicly provide an overview of the methods, costs, and timelines associated with soil and groundwater remediation that have been employed at refineries that have undergone decommissioning and remediation and to update the overview, as provided. This bill would make information filed pursuant to the above-described provisions confidential information, as provided. The bill would require a refiner to file the final retirement plan concurrently with the Energy Commission and the Division of Occupational Safety and Health. The bill would authorize CalEPA, the Energy Commission, and the Division of Occupational Safety and Health to share the information with the Legislature, any governmental agency, or a local government, including an air pollution control district or an air quality management district, only if the Legislature, the governmental agency, or the local government that receives the information agrees to maintain the confidentiality of the information. The bill would further require any information that is, or may be, accessible by the public, as provided, by CalEPA, the Department of Toxic Substances Control, a certified unified program agency, or a local government, to be made publicly available even if that information is also contained in the retirement plan. This bill would require, on or before December 31, 2027, CalEPA, in coordination with the Energy Commission, to compile a survey of existing local, state, and federal statutory and regulatory requirements applicable to refiners concerning decommissioning, closure, financial assurance, and site remediation obligations, as provided, for a specified purpose. This bill would require CalEPA, no later than one year after the retirement plans are deemed final, to publish publicly on CalEPA's internet website a report assessing the total decommissioning and remediation liabilities for refineries in the state, and identify opportunities for greater transparency prior to the closure notice, as provided. 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 makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined. This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program. Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a person's death, they may be charged with murder. This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described. 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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Governor to proclaim various days as days of remembrance or recognition. This bill would require the Governor to annually proclaim September 25 as Dolly Parton Day. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte protective order enjoining a party from, among other things, stalking, battering, or disturbing the peace of the other party. This bill would authorize a court determining whether to issue a protective order to consider evidence submitted to it by either party that a military protective order has been issued against the respondent, as specified. The bill would additionally require a law enforcement officer who receives information at the scene of a domestic violence incident that a military protective order has been issued to verify the existence of that order. The bill would require a law enforcement officer who determines that a military protective order has been issued against a person involved in the domestic violence incident who violates a provision of a domestic violence protective order to notify the law enforcement agency that entered the military protective order that the restrained party may be in violation of a military protective order. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would authorize each law enforcement agency in the state that petitions for or enforces domestic violence protective orders to develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations, as specified. This bill would incorporate additional changes to Section 6383 of the Family Code proposed by AB 1753 and SB 1395, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. 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 creates the Low Carbon Transit Operations Program to provide operating and capital assistance for transit agencies to reduce the emissions of greenhouse gases and improve mobility. Existing law requires the Department of Transportation to administer the program and to adopt guidelines, in coordination with the State Air Resources Board, that describe the methodologies to be used by a recipient transit agency to demonstrate that proposed expenditures will meet specified program expenditure requirements and establish the reporting requirements for documenting ongoing compliance with those expenditure requirements. This bill would repeal the requirement for the department to adopt guidelines. Existing law continuously appropriates a specified amount of money from the Greenhouse Gas Reduction Fund for the program and requires the Controller to allocate those moneys according to the requirements of the program. Existing law requires a recipient transit agency to demonstrate that expenditures of program moneys allocated to the agency reduce the emission of greenhouse gases and do not supplant other sources of funds. Existing law requires moneys for the program to be expended to provide transit operating or capital assistance that directly enhances or expands transit services, increases transit mode share, or is related to the purchase of zero-emission buses, as specified. Before seeking a disbursement of funds pursuant to the program, existing law requires a recipient transit agency to submit to the department a list of proposed expense types and documentation required by the guidelines that demonstrates compliance with the above-described expenditure requirements. For capital projects funded by the program, existing law requires a transit agency to specify the phases of work for which an allocation of program moneys is sought, identify sources and timing of all moneys required for those phases of work, and describe intended sources and timing of funding for subsequent phases of work, as provided. Existing law requires a recipient transit agency to provide an annual report to the department, as provided. Existing law requires the department and a recipient transit agency to comply with guidelines developed by the State Air Resources Board to ensure that the requirements of a certain investment plan are met to maximize the benefits to disadvantaged communities, as provided. This bill would revise and recast the program to, among other things, require program funds to be expended only on maintenance or expansion of bus, rail, or ferry services, transit fare subsidies, and network and fare integration technology improvements. By altering the permissible uses for which continuously appropriated funds may be used, the bill would make an appropriation. Before receiving program funds, the bill would require a recipient transit agency to submit to the department a list of services or programs to be funded by those funds, as specified. The bill would require the department to report to the Controller the recipient transit agencies that have submitted the list, and would, upon receipt of the report from the department, require the Controller to allocate program funds. The bill would require a recipient transit agency to report to the department on the expenditure of program funds, as specified.

Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to a person's health or safety or the person's estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law requires the public guardian to begin an investigation within 2 business days of receiving a referral for conservatorship or guardianship. This bill would require the public guardian to also acknowledge receipt of the referral within 2 business days and conclude the investigation within a reasonable period of time. For referrals for conservatorship, the bill would require the investigation to include a determination of whether or not a temporary or general conservatorship is warranted and would require the public guardian to inform the referring party of the investigation status upon request. By imposing new duties on the public guardian, a county officer, 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.