Sen. Akilah Weber Pierson

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. Existing law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose, as provided. This bill would prohibit school districts, county offices of education, and charter schools from prohibiting pupils in middle schools, junior high schools, high schools, or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements. Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief. Existing law authorizes a court to grant a preliminary injunction or temporary restraining order at any time prior to judgment, if the verified complaint or affidavits provide sufficient grounds to do so and the opposing party has been given notice. This bill would authorize a California Indian tribe, under certain conditions, to bring an action solely against licensed California card clubs and third-party proposition player services providers to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law, including tribal gaming rights under the constitutional provisions described above, and to request injunctive relief. The bill would require that any review of such a challenge be conducted de novo. The bill would prohibit a claim for money damages, penalties, or attorney's fees and would require that actions be filed no later than April 1, 2025, as specified. The bill would clarify that it does not intend to authorize an action, or otherwise impose any liability, against the state and would prohibit a court from issuing a preliminary injunction or temporary restraining order under certain circumstances. This bill would provide that its provisions are severable.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (the Knox-Keene Act) , a violation of which is a crime, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. The Knox-Keene Act requires a pharmacy benefit manager under contract with a health care service plan to, among other things, register with the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would additionally require a pharmacy benefit manager, as defined, to apply for a license from the Department of Insurance to operate as a pharmacy benefit manager no later than January 1, 2027. The bill would establish application qualifications and requirements, and would require initial license and renewal fees to be collected into the newly created Pharmacy Benefit Manager Account in the Insurance Fund, to be available to the department for use, upon appropriation by the Legislature, as specified, for costs related to licensing and regulating pharmacy benefit managers. This bill would require a pharmacy benefit manager to file with the department at specified annual intervals 2 reports, one of which discloses product benefits specific to the purchaser, and the other of which includes information about categories of drugs and the pharmacy benefit manager's contracts and revenues. The bill would specify that the contents of the reports are not to be disclosed to the public. The bill would require the department, at specified annual intervals, to prepare 2 reports based on the reports submitted by pharmacy benefit managers, and would require the department to post its reports on the department's internet website. This bill would impose specified duties on pharmacy benefit managers and requirements for pharmacy benefit manager services and pharmacy benefit manager contracts. The bill would require a pharmacy benefit manager to disclose to the Department of Insurance all types of fees it receives and how the fees are calculated. The bill would make a violation of the above-specified provisions subject to specified civil penalties. The bill would establish various filing and service requirements when a proceeding is brought for a violation of specified requirements by a pharmacy benefit manager. The bill would create the Pharmacy Benefit Manager Fines and Penalties Account in the General Fund, into which fines and administrative penalties would be deposited. Existing law requires a health care service plan contract or health insurance policy that provides coverage for outpatient prescription drugs to cover medically necessary prescription drugs and subjects those policies to certain limitations on cost sharing and the placement of drugs on formularies. Existing law limits the maximum amount an enrollee or insured may be required to pay at the point of sale for a covered prescription drug to the lesser of the applicable cost-sharing amount or the retail price, and requires that payment apply to the applicable deductible. Existing law requires a plan or insurer that reports rate information to report specified prescription drug information to the relevant department no later than October 1 of each year. This bill would prohibit a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, that provides prescription drug coverage from calculating an enrollee's or insured's cost sharing at an amount that exceeds the actual rate paid for the prescription drug, and would require a health care service plan contract to include specified cost-sharing provisions. The bill would require a plan or insurer to include additional information in its annual prescription drug data reporting, including the aggregate amount of rebates received by the pharmacy benefit manager for each drug. By expanding the scope of a crime under the Knox-Keene Act, the bill would impose a state-mandated local program. This bill would declare that it would not narrow, abrogate, or otherwise alter the authority of the Attorney General to maintain or restore competitive, fair, and honest markets and prosecute state and federal antitrust and unfair competition violations, among other violations, and would declare that the provisions of this bill are severable. 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 constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

(1) Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect and generally provides for the placement of dependent children in various foster care placement settings. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires the county social worker to file a supplemental report as part of that review. This bill would additionally require the court, in conducting the periodic status review for a child or nonminor dependent who is not residing with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members, or an Indian custodian, to determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, to locate any relatives, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child and the names of those relatives, extended family members, or nonrelative extended family members. The bill would also require the supplemental report for a child or nonminor dependent who does not reside with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members, or an Indian custodian to additionally include the efforts, and in the case of an Indian child, the active efforts, and findings that the social worker has made to locate any relative, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives, extended family members, or nonrelative extended family members. By imposing additional duties on county officials, the bill would impose a state-mandated local program. (2) Existing law requires the court to place a foster child in the home of a relative, if possible, unless the placement would not be in the best interest of the child. Existing law requires the court to take into consideration other specified factors in making a determination of the placement of a foster child. This bill would make a nonsubstantive change to correct an erroneous cross reference in that provision. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires a certified farmers' market operator to annually register with the Department of Food and Agriculture by applying for and obtaining a certificate from a county agricultural commissioner that is valid for up to 12 months from the date of issue. Existing law requires a producer, as defined, to register with the department by applying for and obtaining a certificate from the county agricultural commissioner's office in the county in which the producer's land or facility is located before selling at a certified farmers' market. Existing law requires the county agricultural commissioner to issue to the producer a certified producer's certificate upon approval of an application. Existing law makes it unlawful for a person or entity, or employee or agent of that person or entity, to make a statement, representation, or assertion relating to the sale or availability of agricultural products that is false, deceptive, or misleading, as specified, and makes a violation of those provisions a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $2,500, or both the fine and imprisonment. This bill would require an operator of a certified mobile farmers' market, as defined, to register annually with the department. The bill would require the operator of a certified mobile farmers' market to sell or distribute agricultural products, as defined, produced by a California producer with a valid certified producer's certificate, obtain from each producer an itemized list of all products, as specified, ensure that all processed agricultural products being sold comply with specified requirements, and ensure all products being represented or offered for sale as organic are clearly labeled or have conspicuous and posted point-of-sale signage identifying the products as organic. The bill would make a person who makes false, deceptive, or misleading representations, relating to the sale or availability of agricultural products, subject to the penalties mentioned above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a dealer, as defined, of any farm product to be licensed. Existing law makes it a misdemeanor for a person to, among other things, attempt to act or to act as a licensee or agent without a license. This bill would require the operator of a certified mobile farmers' market who is selling agricultural products not of their own production to be licensed as a produce dealer. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law requires a registered California direct marketing producer to pay an annual registration fee of up to $100, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, which would be used by the department for the administration of direct marketing of agricultural products, as specified. Existing law requires the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. This bill would require a certified mobile farmers' market to pay an annual registration fee of up to $200, as provided, to be deposited in the Department of Food and Agriculture Fund, a continuously appropriated fund, and used by the department for the administration of the certified mobile farmers' market registration program, as specified. The bill would require the Secretary of Food and Agriculture to file an order to adopt, amend, or repeal regulations relating to the fee with the Office of Administrative Law, and would require the order to be filed with the Secretary of State in accordance with specified provisions. By requiring the transfer of moneys into a continuously appropriated fund, and by expanding the purposes for which continuously appropriated fund moneys may be used, the bill would make an appropriation. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for mobile food facilities and various types of food venues. Existing law authorizes local health agencies to be primarily responsible for enforcing the code, but requires the department to provide technical assistance, training, and standardization. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided. This bill would require a certified mobile farmers' market to be permitted and operated as a mobile food facility and would impose upon the certified mobile farmers' market the uniform health and sanitation standards for mobile food facilities and general food safety requirements. By imposing new enforcement requirements on local health agencies, the bill would impose a state-mandated local program. Existing federal law, the WIC Farmers' Market Nutrition Act of 1992, is designed to provide resources to persons who are nutritionally at risk, in the form of fresh, high-quality agricultural products from certified farmers' markets, expand the awareness and use of certified farmers' markets, and increase sales at those markets. Existing state law authorizes the State Department of Public Health to establish the California Special Supplemental Nutrition Food Program for Women, Infants, and Children (WIC Program) to implement the federal program. This bill would require the department to include criteria in the next state plan submission to the United States Department of Agriculture to authorize certified mobile farmers' markets to participate in the WIC Farmers' Market Nutrition Program. If the state plan is approved, the bill would require the department to establish the criteria for authorization of certified mobile farmers' markets to participate in the program, as specified. 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 prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, provides for enforcement of that prohibition by the Attorney General. Existing law prohibits a tobacco retailer, as defined, from offering for sale any flavored tobacco product or tobacco product flavor enhancer, as specified. This bill would require the Attorney General to, by no later than December 31, 2025, establish and maintain on the Attorney General's internet website a list of tobacco product brand styles that lack a characterizing flavor, as defined. This bill would require each manufacturer or importer of tobacco products to submit to the Attorney General a list of all brand styles, as defined, of tobacco products that they manufacture or import for sale or distribution in or into California. The bill would require a manufacturer or importer that submits a product pursuant to these provisions to, under penalty of perjury, describe each brand style, brand, and product category, as specified, describe, for each brand style, if a formal authorization, approval, or order from the United States Food and Drug Administration has been sought and its status, if applicable, and certify that each brand style lacks a characterizing flavor. By expanding the scope of the crime of perjury, this bill would create a state-mandated local program. The bill would require a fee for each submission and renewal of a brand style for the costs incurred by the Attorney General for processing the submissions, and operating the list, as specified. The bill would create the California Unflavored Tobacco List Fund for the collection of these fees, and would continuously appropriate these fees to the Attorney General for the purposes above, thereby making an appropriation. The bill would require the Attorney General to determine whether each brand style has a characterizing flavor, as specified. The bill would require any manufacturer or importer that submits a brand style in this way to, among other things, consent to the jurisdiction of the California courts for the purpose of enforcing these provisions and to appoint an agent for service of process, as specified. The bill would authorize the Attorney General to seek injunctive relief and a civil penalty up to $50,000 against any manufacturer or importer who falsely certifies that brand style determined to have a characteristic flavor, lacks a characteristic flavor. This bill would refine the definitions of characteristic flavor and tobacco product for purposes of the prohibition and these provisions. This bill would prohibit a distributor or wholesaler from selling any tobacco product not listed on the Unflavored Tobacco List or any tobacco product flavor enhancer to any person, as specified, for sale in the state and would prohibit a delivery seller from selling a tobacco product not listed on the Unflavored Tobacco List or a tobacco product flavor enhancer to a consumer in California. The bill would authorize the Attorney General to assess civil penalties, as specified, for violations of these prohibitions. This bill would authorize the Attorney General to recover reasonable attorney's fees, investigative costs, and other related costs, against a nonprevailing party in a civil action brought pursuant to these provisions. The bill would require moneys recovered by the Attorney General in an action pursuant to these provisions to be deposited in the Public Rights Law Enforcement Special Fund, as specified. This bill would also ban the retail sale of any tobacco product not on the Unflavored Tobacco List, as specified. The bill would authorize the California Tax and Fee Administration or a law enforcement agency that discovers that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers to seize those products, as specified. Under the bill, seized products would be delivered to the department within 30 days and deemed forfeited to the state. The bill would require the department to issue a civil penalty against the retailer equal to $50 per individual package of flavored tobacco product or tobacco product flavor enhancer seized or delivered to the department, with increasing penalties for subsequent seizures. If a wholesaler possesses, stores, or owns, or has made a sale of, a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer, the bill would authorize the department to seize the tobacco product or tobacco product flavor enhancer and would require the department to impose a civil penalty if the property is seized, as specified. If a distributor or other person has made a sale of a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer, or a wholesaler has made a sale of a tobacco product not on the Unflavored Tobacco List or a tobacco product flavor enhancer and the department or a local law enforcement agency has not seized the product, the bill would require the department to issue a warning for a first offense, suspend their license for a second offense, and revoke their license for a third offense. Existing law, the Cigarette and Tobacco Products Tax Law, generally prohibits the retail sale of cigarettes in California unless the sale is a vendor-assisted, face-to-face sale. Existing law authorizes the delivery sale of cigarettes or tobacco products if specified conditions are met. This bill would refine the definition of cigarette for the purpose of these provisions, and would expand that prohibition to include the sale of tobacco products. The bill would require a delivery seller of cigarettes or tobacco products to comply with any applicable state law or local ordinance that imposes restrictions on the retail sale of cigarettes or tobacco products directly to the public from a retail location as if the delivery sale occurred entirely within the state and place. 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. This bill would incorporate additional changes to Section 104559.5 of the Health and Safety Code proposed by SB 1230 to be operative only if this bill and SB 1230 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 no reimbursement is required by this act for a specified reason.

Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law requires the Commission on Teacher Credentialing to, by rule or regulation, establish requirements for the issuance and the renewal of permits authorizing, among other things, service in the care, development, and instruction of children in childcare and development programs, as specified. Existing law additionally requires the commission to, by rule or regulation, establish requirements for the periods of duration of the above-mentioned permit. This bill would, on or before April 30, 2025, require the commission to, by rule or regulation, authorize a holder of a Child Development Associate Teacher Permit to renew their permit without a limitation on the number of renewals if the permitholder completes specified hours of professional growth activities, as provided.

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 (EIR) 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. Existing law authorizes the Governor to certify projects meeting certain requirements as infrastructure projects and provides those certified projects with certain streamlining benefits, including requiring the lead agency to prepare the record of proceedings concurrently with the environmental review process and requiring the resolution of an action or proceeding challenging the certification of an EIR for certified projects or the granting of any project approvals, to the extent feasible, within 270 days of the filing of the record of proceedings with the court, as specified. Existing law requires the lead agency, within 10 days of the certification of an infrastructure project, to provide a public notice of the certification, as provided. If a lead agency fails to approve a project certified as an infrastructure project before January 1, 2033, existing law specifies that the certification is no longer valid. This bill would include the San Vicente Energy Storage Facility project proposed by the San Diego County Water Authority and a project for the repair, rehabilitation, or replacement of the South Bay Sewage Treatment Plant in the County of San Diego, operated by the International Boundary and Water Commission, as infrastructure projects, thereby providing the above-described streamlining benefits to those 2 projects. To the extent the bill would increase the duties of a lead agency regarding projects proposed by a third party, 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 bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

Existing law generally regulates the safety of motor vehicles and the use of certain types of equipment installed in a motor vehicle, and generally makes a violation of these requirements a crime. Existing law provides various protections to persons who are escaping from actual or threatened domestic violence, sexual assault, stalking, human trafficking, and other abuse, including providing for a means to keep the names and addresses of abuse survivors confidential in public records. This bill would require, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed either connected vehicle service or connected vehicle location access, as those terms would be defined. The bill, beginning on July 1, 2025, for vehicles with connected vehicle service, would further require a covered provider to provide a process for a driver to terminate a person's access to connected vehicle service, as specified. The bill would require, beginning on January 1, 2028, a covered provider to provide, in a vehicle manufactured on or after January 1, 2028, that has connected vehicle location access, a mechanism that meets specific requirements and can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. The bill would, beginning on July 1, 2026, apply this provision to vehicles manufactured prior to January 1, 2028, that have connected vehicle location access, and have the capability to receive software updates, as specified. The bill would define terms for these purposes, including "covered provider," which would be defined as a vehicle manufacturer or an entity acting on behalf of the vehicle manufacturer that provides connected vehicle service. By establishing new duties on vehicle manufacturers or these entities, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program. The bill would also declare the severability of its provisions. The bill would make legislative findings and declarations in support of its provisions. 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, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. Existing law, the California Fair Employment and Housing Act, makes it unlawful to engage in specified discriminatory employment practices based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations, and prohibits housing discrimination based on specified personal characteristics, including race. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and to prohibit acts that are contrary to that policy and to provide remedies therefor. Existing law prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The California Fair Employment and Housing Act and public school policy define the term race for purposes of those provisions to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, as defined. This bill would remove the term "historically" from the definitions of race, thus defining race to include traits associated with race, including, but not limited to, hair texture and protective hairstyles, as defined, and would add those definitions for "race" and "protective hairstyle" to the Unruh Civil Rights Act. This bill would declare that its provisions are declaratory of existing law. This bill would incorporate additional changes to Section 51 of the Civil Code proposed by SB 1137 to be operative only if this bill and SB 1137 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 1022 and SB 1137 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.