Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law provides that if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of specified emergencies, that fact shall be established to the satisfaction of the Superintendent of Public Instruction by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. If a state of emergency is declared by the Governor in a county that causes a decrease in the average daily attendance in the county for a school district, county office of education, or charter school, existing law requires the Superintendent to determine the length of the period during which average daily attendance has been reduced by the state of emergency, and provides that the period shall not extend into the next fiscal year following the declaration of the state of emergency, except upon a showing by the affected school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency. This bill would require the Superintendent to extend through the 2019–20 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018 for a school district where no less than 5% of the residences within the school district or school district facilities were destroyed by the qualifying emergency. The bill would require the Superintendent to extend through the 2020–21 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in November 2018 for a charter school where no less than 5% of the residences within the school district in which the charter school is located or a majority of charter school facilities were destroyed by the qualifying emergency. The bill would require an adjustment to the average daily attendance of a charter school that provides nonclassroom-based instruction, as defined, for the 2019–20 and 2020–21 fiscal years, in accordance with certain calculations. This bill would declare that it is to take effect immediately as an urgency statute.
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The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2020, and before January 1, 2024, in an amount equal to 25% of the amount paid or incurred during the taxable year, not compensated for by insurance or otherwise, by a qualified taxpayer, as defined, for home care services, not to exceed $5,000. The bill would define "home care services" to mean specified nonmedical services and assistance provided by a registered home care aide, as defined, a licensed home health agency, or a licensed hospice to a qualified taxpayer who, because of advanced age or physical or mental disability, cannot perform these services that enable the qualified taxpayer to remain in the qualified taxpayer's residence. This bill would take effect immediately as a tax levy.
Existing law 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. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that federally qualified health center (FQHC) services and rural health clinic (RHC) services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, in accordance with Medicare reasonable cost principles, and to the extent that federal financial participation is obtained, to providers on a per-visit basis that is unique to each facility. Existing law prescribes the reimbursement rate methodology for establishing and adjusting the per-visit rate. Under existing law, if an FQHC or RHC is partially reimbursed by a 3rd-party payer, such as a managed care entity, the department is required to reimburse the FQHC or RHC for the difference between its per-visit rate programs on a contract-by-contract basis. Existing law authorizes an FQHC or RHC to apply for an adjustment to its rate based on a change in the scope of service that it provides within 150 days following the beginning of the FQHC's or RHC's fiscal year. Existing law provides that the department's implementation of FQHC and RHC services is subject to federal approval and the availability of federal financial participation. This bill would require the methodology of the adjusted per-visit rate to exclude, among other things, a provider productivity standard. The bill would authorize an FQHC or RHC to apply for a rate adjustment for the adoption, implementation, or upgrade of a certified electronic health record system as a change in the scope of service. The bill would clarify specified terms, including the meaning of "scope of "service," would expand the meaning of "visit" to include FQHC and RHC services rendered outside of the facility location, and would modify how the department reimburses an FQHC or RHC that is partially reimbursed by a 3rd-party payer. The bill would require a health care provider who contracts with an FQHC or RHC to provide services outside of the facility on behalf of the facility, and for which the facility bills for those services, to comply with specified requirements, including actively serving patients in the same county as, or a county adjacent to, the physical location of the billing FQHC or RHC. The bill would repeal the provisions authorizing an FQHC or RHC to apply for an adjustment to its rate based on a change in the scope of service that it provides within 150 days following the beginning of the FQHC's or RHC's fiscal year, and would instead extend the time frame for an FQHC or RHC to file a scope of service rate change to any time during the fiscal year. The bill would require the department to ensure that department staff conducting audits related to FQHC and RHC services receive appropriate training on federal and state laws governing those facilities, and would make various conforming and technical changes.
Existing law establishes the CalRecycle Greenhouse Gas Reduction Revolving Loan Program, administered by the Department of Resources Recycling and Recovery, to provide loans to reduce the emissions of greenhouse gases by promoting in-state development of infrastructure or other projects to reduce organic waste or process organic and other recyclable materials into new value-added products. This bill would create a 5-year woody biomass rural county collection and disposal pilot program, to be administered by the department, consisting of awarding funding to participating counties with a total population of less than 250,000 for the purpose of conducting community collection days at which individuals can dispose of woody biomass free of charge. The bill would require a county awarded funding under the program to contract with a local biomass conversion facility to collect and convert the biomass in a way that results in fewer greenhouse gases emitted than if the biomass had been disposed of. The bill would require the department to report specified program information to the Legislature after the conclusion of the program.
Existing law authorizes the Department of Veterans Affairs to design, develop, and construct state-owned and state-operated veterans cemeteries, as specified, in northern, southern, and central California. Existing law makes honorably discharged veterans, their spouses, and dependent children eligible for internment in those cemeteries, as specified. This bill would additionally authorize the remains of a person to be buried in those cemeteries if the person was naturalized pursuant to the federal Hmong Veterans' Naturalization Act of 2000, as specified, and resided in the State of California at the time of the person's death.
Existing law requires the State Department of Social Services to license and regulate crisis nurseries. Existing law defines crisis nurseries as nonprofit corporations that care for and supervise children under 6 years of age who are voluntarily placed at the crisis nursery by a parent or guardian due to a family crisis or stressful situation for no more than 30 days. This bill, until January 1, 2023, would require the department to implement a 2-year pilot project to evaluate the effectiveness of crisis nurseries in the Counties of Contra Costa, Nevada, Sacramento, and Yolo on the outcomes for children and families, including the incidence of child abuse and neglect in those counties. The bill would require the department to report the results of its study to the Legislature on or before June 15, 2022. The bill would declare the intent of the Legislature to, upon appropriation, provide funding for crisis nurseries to enable crisis nurseries to continue to provide services and participate in the pilot project.
(1) Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, statewide general election (the DNA act) , requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes this requirement retroactive, regardless of when the crime charged or committed became a qualifying offense. Existing law authorizes amendments to the DNA act that are consistent with its purposes. This bill would also require persons convicted of specified misdemeanors to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program. (2) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft, punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Proposition 47 requires the crime of shoplifting to be charged as shoplifting and prohibits a person who is charged with shoplifting from being charged with burglary or theft of the same property. Existing law authorizes the Legislature to amend the provisions of the act by a 23 vote of each house of the Legislature if it is consistent with, and furthers the purpose of, the act. This bill would recast the shoplifting provisions as entering a commercial establishment with the intent to steal retail property or merchandise, as defined. By amending the definition of shoplifting enacted by Proposition 47, this bill would require a23 vote. Existing law, the Safe Neighborhoods and Schools Act, makes a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft, subject to imprisonment in the county jail for up to one year or in the state prison for 16 months, or 2 or 3 years. This bill would apply that penalty to a person who has 2 prior convictions for specified offenses, including certain felonies, and including petty theft and shoplifting, who is subsequently convicted of petty theft or shoplifting if the value of the money, labor, or real or personal property taken exceeds $250. (3) Existing provisions of the California Constitution make a person who was convicted of a nonviolent offense and sentenced to state prison eligible for parole consideration after completing the full term of the person's primary offense. Existing law enumerates various felonies as violent. This bill would classify other existing felonies as "violent felonies" for those purposes, and would apply that definition to persons currently incarcerated in state prison, regardless of the date on which their sentence was imposed. Existing law provides for postrelease community supervision of felons, as provided, including the imposition of intermediate sanctions for noncompliant offender activity, including, among other things, incarceration in jail not exceeding 10 days, mandatory community service, and the revocation of postrelease community supervision by a court or a revocation hearing officer. Existing law requires the supervising county agency who has determined, following application of its assessment processes, that intermediate sanctions are not appropriate, to petition the court to revoke, modify, or terminate postrelease community supervision. This bill would apply that requirement to the circumstance of a supervised offender who has violated the offender's conditions of release 3 times. The bill would also require a county probation department, upon a decision to impose a period of flash incarceration, to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on local governments, this bill would impose a state-mandated local program. (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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill, for each taxable year beginning on or after January 1, 2020, and before January 1, 2025, would allow a credit against those taxes in an amount equal to 50% of the amount paid or incurred by a family caregiver during the taxable year for eligible expenses related to the care of an eligible family member, not to exceed $5,000. The bill would limit the aggregate amount of these credits to be allocated in each calendar year to $150,000,000 as well as any unused credit amount, if any, allocated in the preceding calendar year. The bill would require the Franchise Tax Board to allocate and certify these tax credits to taxpayers on a first-come-first-served basis. The bill would make these provisions operative on the effective date of any budget measure specifically appropriating funds to the Franchise Tax Board for its costs to administer these provisions. The bill would require an eligible family member to be certified by a physician, registered nurse, advanced practice registered nurse, or physician assistant, under penalty of perjury, as being an individual with long-term care needs and would require the family caregiver to retain, and make available to the Franchise Tax Board upon request, that certification. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would make specified findings detailing the goals, purposes, and objectives of the above-described tax credit, performance indicators for determining whether the credit meets those goals, purposes, and objectives, and data collection requirements. 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 take effect immediately as a tax levy.
Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund, a continuously appropriated fund, to fund various county mental health programs. Moneys in the fund may only be used for specified purposes, including 5% for certain state administrative costs, which funds are subject to appropriation in the annual Budget Act. The act provides that it may be amended by the Legislature by a 23 vote of each house so long as the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to amend the act to clarify procedures and terms of the act by majority vote. This bill would require the Mental Health Services Oversight and Accountability Commission, by January 1, 2021, to establish one or more centers of excellence to provide the counties with technical assistance to implement best practices related to elements of the act. The bill would require those centers of excellence to be funded with state administrative funds provided under the act. In implementing these provisions, the bill would require the commission to determine the areas of focus for the centers of excellence, including, but not limited to, the areas of service delivery that need improvement. This bill would declare that this amendment is consistent with and furthers the purposes of the act, thereby requiring a 23 vote.
The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, defined to mean the cutting or removal, or both, of timber or other solid wood forest products from timberlands for commercial purposes, unless a timber harvesting plan prepared by a registered professional forester has been submitted for the operations to the Department of Forestry and Fire Protection. The act provides an exception from its provisions for timber operations that involve the removal of trees less than 16 inches in diameter at breast height from a firebreak or fuelbreak if the removal meets specified requirements, including the requirement that the removed trees will not be processed into logs or lumber. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. This bill would require the Natural Resources Agency to develop and implement a fuels transportation program that provides competitive grants or other financial incentives for projects in eligible communities to offset the costs of transporting fuels to an eligible biomass facility, an innovative forest products facility, or a mass timber facility, as specified. The bill would authorize the agency to allocate moneys from the Greenhouse Gas Reduction Fund consistent with the purposes of the fund.