Sen. Akilah Weber Pierson

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would provide that a specified City of San Diego environmental impact report for a mixed-use development project, known as the Midway Rising project, is deemed sufficient, adequate, and complete for full compliance with CEQA and that any approval of the project may rely conclusively on that report for compliance with CEQA. The bill would require that all mitigation measures adopted by the City of San Diego as the lead agency be conditions of approval of the project. The bill would require the lead agency to monitor and enforce those conditions for the life of each applicable obligation. To the extent this requirement would impose new duties on a local agency, the bill would impose a state-mandated local program. The bill would require the project applicant to submit to the lead agency an annual status report on the implementation of those conditions. The bill would make its provisions operative upon the effective date of the bill or on the date the City Council of the City of San Diego certifies the report, whichever occurs later. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego. 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.

The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting, as specified. This measure, the Closing the Student Opportunity and Achievement Gap Act, would, instead, limit the above prohibition to the operation of public employment, public higher education admissions and enrollment, and public contracting. The measure would require that it appear on the ballot at the November 7, 2028, statewide general election.

Existing law requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. Existing law exempts from this requirement a communication read and reviewed by a human licensed or certified health care provider. This bill would require developers and deployers, as defined, of an artificial intelligence system that produces a prediction, classification, recommendation, evaluation, or analysis that aids decisionmaking related to diagnosis or treatment, known as a clinical decision support system, to make reasonable efforts to identify clinical decision support systems developed for use by deployers that are known or have a reasonably foreseeable risk for biased impacts resulting from deployment of the system in health programs or activities. The bill would require developers to make a statement describing the intended uses and known or reasonably foreseeable risks associated with the use of the clinical decision support system and certain documentation available to deployers, as specified. The bill would require developers to make reasonable efforts to mitigate known or reasonably foreseeable risk for biased impacts resulting from use of the clinical decision support system in health programs or activities. The bill would require deployers to regularly monitor clinical decision support systems and take reasonable and proportionate steps to mitigate known or reasonably foreseeable risk of biased impacts. The bill would specify that a person, partnership, state or local governmental agency, or corporation may be both a developer and a deployer.

Existing law sets forth provisions, under the California Constitution, regarding the fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the pregnant person. This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. Under the bill, the Legislature would reaffirm that it has been, and would continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California. The bill would set forth provisions regarding the lack of civil or criminal liability, or professional disciplinary action, for accessing or administering brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state, on or after January 1, 2020, with this provision applied retroactively, as specified. The bill would make its provisions severable.

Existing law creates within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, among others, and requires each division to be headed by a director, who is appointed by the Governor, as specified. Existing law also requires the Governor to appoint 4 subordinate officers to the division, as specified. Existing law requires each subordinate officer appointed to oversee an identified category of adult institutions, one of which oversees female offender facilities. This bill would instead require the Governor to appoint 3 subordinate officers, as specified, who would oversee an identified category of male adult institutions, and one subordinate officer, as specified, who would oversee female adult institutions. The bill would create within the department, and under the Undersecretary for Operations, the Division of Female Programs and Services. The bill would require the director of this division to be responsible solely for female adult institutions and community facilities housing female offenders. The bill would require the director to report to the undersecretary and to have a minimum of 5 years of experience serving a female correctional population in a custody setting. The bill would also require this new division to manage and provide oversight of adult female programs, including prisons, conservation camps, and parole and community programs and to develop gender-responsive, trauma-informed, culturally sensitive approaches to program and policy development. Existing law requires the department to create a Female Offender Reform Master Plan and present it to the Legislature by a specified date. Existing law requires the department to, among other things, create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders. This bill would require the department to provide a report to the Legislature on the implementation of the plan, and update statistics contained in the plan, by March 1, 2027, and every 3 years thereafter. The bill would require the department to maintain the plan, including subsequent updates and reports, in consultation with the commission and others, as specified. The bill would also require the department to post the plan, any reports, and any updates to the plan to the department's internet website. This bill would require the department to establish the Gender Responsive Strategies Commission (GRSC) to develop active partnerships and to support successful implementation of gender responsive practices and rehabilitation programs for incarcerated individuals. The bill would require the GRSC to be composed of 19 representatives, as specified, and would require the department, by June 1, 2027, and annually thereafter, to provide a written report to the Legislature on appointments to the GRSC and the department's response and progress toward implementing the GRSC's recommendations. Existing law also requires the department to contract with nationally recognized gender-responsive experts in prison operational practices, staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to, among other things, conduct a staffing analysis of all current job classifications assigned to each prison that houses only females, as specified, and develop programs and training for department staff in correctional facilities. This bill would require the department, through this contract, no later than March 1, 2027, and every 3 years thereafter, to prepare and submit to the Legislature an updated staffing analysis and would require a comprehensive review of the office's policies and practices and other aspects of women-centered corrections developed to enhance safety and rehabilitative efforts, as specified. The bill would also require the training program to include training at the academy and, for those working in a female prison, 40 hours of initial training with a curriculum specifically focused on working with the population within female institutions and an 8-hour annual training thereafter. Existing law requires the secretary of the department to expand the existing prison ombudsperson program to ensure the comprehensive deployment of ombudspersons throughout the state prison system with specific focus on the maximum security institutions. This bill would instead require the Undersecretary for Operations to perform this duty and would require the undersecretary to appoint an ombudsperson solely assigned to adult female institutions.

Existing law defines, for certain school-related purposes, "ultraprocessed food" as any food or beverage that contains a specified substance and either high amounts of saturated fat, sodium, or added sugar or a nonnutritive sweetener or other substance, as specified. Existing law requires the department to adopt regulations, on or before June 1, 2028, to define "ultraprocessed foods of concern" and "restricted school foods," as specified, and requires the department, when defining ultraprocessed foods of concern and restricted school foods, to consider specified factors, including, among others, whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences. This bill would require the department, no later than June 1, 2029, to accredit certification agents that can certify food products as "Non-Ultraprocessed Certified." The bill would prohibit an accredited certification agent from certifying a food product as "Non-Ultraprocessed Certified" if it is an ultraprocessed food, ultraprocessed food of concern, or a restricted school food, as defined. The bill would require the department to create a specified standardized "Non-Ultraprocessed Certified" seal. The bill would authorize a food product to bear the seal only if the product has been certified by an accredited certification agent. The bill would require an accredited certification agent to, among other things, register with the department and provide specified information to the department for each food product certified by the accredited certification agent. The bill would require any registration information submitted by an accredited certification agent to the department to be made available to the public for inspection and copying. This bill would require an accredited certification agent to immediately make specified records available to the department for inspection, as specified, and would authorize the department to audit the accredited certification agent's certification procedures and records at any time. The bill would require any records of the accredited certification agent not otherwise required to be disclosed to be kept confidential by the department. The bill would require the department to maintain a public internet webpage that lists all of the products currently certified as "Non-Ultraprocessed Certified" as reported by the accredited certification agent. This bill would make it unlawful for a person to certify products as "Non-Ultraprocessed Certified" unless duly registered as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed in registration as an accredited certification agent, for a person to willfully make a false statement or representation or knowingly fail to disclose a fact required to be disclosed to an accredited certification agent, and for a person to use the "Non-Ultraprocessed Certified" seal on a product that does not meet the above-described provisions. The bill would authorize the department, among others, to enjoin a person who engages, has engaged, or proposes to engage in the misuse of the "Non-Ultraprocessed Certified" seal. This bill would create the Public Health Food and Nutrition Education Fund for the purposes of supporting the implementation of the "Non-Ultraprocessed Certified" label requirements and educating the public and stakeholders about the label requirements, food products, and nutrition. The bill would authorize the department to establish fees for the registration and renewal of accredited certification agents and certification of food at levels not exceeding the reasonable costs of administering and enforcing these provisions. The bill would require the fees to be deposited in the Public Health Food and Nutrition Education Fund. Upon appropriation by the Legislature, the bill would make moneys in the Public Health Food and Nutrition Education Fund available to the department for expenditure. Existing law, the California Retail Food Code (Code) , establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local enforcement agencies to enforce these provisions. Existing law provides that a violation of the code is punishable as a misdemeanor or a fine. Existing law defines a grocery store as a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter. This bill, upon the creation of the "Non-Ultraprocessed Certified" seal described above, would require a grocery store with gross annual store sales of more than $10,000,000 to make clearly identifiable, as defined, at least 3 or more "Non-Ultraprocessed Certified" items if the grocery store offers for sale more than 25 certified items. The bill would authorize the Attorney General, county counsel, city attorney, or city prosecutor, as specified, to enjoin a grocery store that fails to meet these requirements. The bill would exempt a violation of these provisions from criminal liability under the California Retail Food Code. The bill would repeal these provisions on January 1, 2040. By imposing a higher level of service on local enforcement agencies required to enforce these provisions, 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. 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 requires the State Department of Public Health to conduct a program of epidemiological assessments of the incidence of cancer. Existing law requires specified entities providing specified services to cancer patients, including hospitals, practitioners, and laboratories, to report each case of cancer to the department, as specified. This bill would require a hospital or other facility that provides therapy to a cancer patient within an area designated as a cancer reporting area to post a sign, developed by the department, in a conspicuous location that contains an advisement about cancer data reporting and a quick response code that links to the California Cancer Registry internet website.

Existing law, the California Residential Care Facilities for the Elderly Act (act) , requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly, as defined, and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Existing law authorizes the department to also impose civil penalties for violations of the act. Existing law gives residents of those facilities specified rights, including, but not limited to, the right to be free from neglect, financial exploitation, involuntary seclusion, and verbal, mental, or physical abuse. Beginning July 1, 2029, this bill would require the department, when a licensee is cited for a deficiency that constitutes abuse in violation of a resident's rights, to categorize the type of abuse. The bill would describe the categories of abuse, including physical abuse and abandonment, among others and would require that the category of abuse be listed on a public-facing database maintained by the department.

Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law requires an unrelated adult male who resides with a family who is applying for or receiving aid from the CalWORKs program to make a financial contribution to the family, as specified. This bill would, beginning July 1, 2027, or a later date, as specified, repeal the above-described provisions requiring an unrelated adult male who resides with a family applying for or receiving aid from the CalWORKs program to make a financial contribution to the family. The bill would authorize the department to implement, interpret, or make specific, this change by means of all-county letters, or similar written instructions, until regulations are adopted. By expanding eligibility for the CalWORKs program, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill. 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, 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 requires a health care service plan or health insurer to reimburse a complete claim or a portion thereof within 30 calendar days after receipt of the claim, or, if a claim or portion thereof does not meet the criteria for completeness, to notify the claimant no later than 30 calendar days after receipt that the claim or portion thereof is contested or denied. This bill would grant a claimant no less than 90 calendar days to submit a corrected claim after a health care service plan or health insurer denies a claim or portion thereof or sends a notice of overpayment for a claim based on a defect that may be remedied by submitting a corrected claim. The bill would prohibit a plan or insurer from denying a corrected claim on the grounds that the claim was not submitted within another applicable claim filing deadline. Under the bill, a dispute related to a corrected claim would be required to be eligible for submission to the plan's or insurer's fast, fair, and cost-effective dispute resolution mechanism. 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.