Under existing law, the State Department of Public Health licenses and regulates health facilities, defined to include, among others, acute psychiatric hospitals. A violation of these provisions is a crime. Existing law, the Bronzan-McCorquodale Act, 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 Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. Existing law provides for the licensure, certification, and regulation of alcoholism or drug abuse recovery or treatment facilities, as defined, administered by the State Department of Health Care Services. This bill would require the State Department of Public Health, in consultation with specified entities, to develop and submit a proposal to solicit a grant under the federal 21st Century Cures Act to develop a real-time, Internet-based database to collect, aggregate, and display information about the availability of beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and licensed residential alcoholism or drug abuse recovery or treatment facilities for treatment purposes. The bill would require a database created using grant funds received as a result of the submission of that proposal to have the capacity to collect data and enable a specified search to identify beds that are appropriate for the treatment of individuals and to include specified information, including, among other things, the contact information for the facility's designated employee and information on beds. The bill would require the department to confer with specified stakeholders to inform the development of the proposal and to submit an evaluation to the federal Health and Human Services Secretary and to the Legislature.
Sponsored bills
Under existing law, every manufacturer making an express warranty with respect to an electronic or appliance product, including, among others, televisions, radios, audio or video recording equipment, major home appliances, antennas, and rotators, with a wholesale price to the retailer of not less than $50 nor more than $99.99 is required to make available to service and repair facilities sufficient service literature and functional parts to effect the repair of the product for at least 3 years after the date a product model or type was manufactured, regardless of whether the 3-year period exceeds the warranty period for the product. Existing law also requires every manufacturer making an express warranty with respect to an electronic or appliance product, as described above, with a wholesale price to the retailer of $100 or more, to make available to service and repair facilities sufficient service literature and functional parts to effect the repair of the product for at least 7 years after the date a product model or type was manufactured, regardless of whether the 7-year period exceeds the warranty period for the product. This bill would instead require the manufacturer, in the above-described circumstances and timeframes, to make available sufficient service literature, at no charge, and functional parts, on fair and reasonable terms, as defined, to owners of the equipment or products, service and repair facilities, and service dealers. The bill would also expand the category of products to which these provisions apply to include certain accessories used in connection with an antenna or rotator installation or repair, computer systems, video games, and direct satellite signal receiving equipment. The bill would specify that its provisions are not to be construed to require a manufacturer to divulge a trade secret, as defined.
Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to the department numerous duties relating to the financing, governance, and guidance of the public elementary and secondary schools in this state. Existing law authorizes a school district to employ and compensate psychologists and social workers who meet specified qualifications. This bill, subject to an appropriation of moneys by the Legislature, would establish the School Social Worker Pilot Program, under the administration of the department, to provide a multiyear grant award to one school district or the governing body of a charter school in each of the Counties of Alameda, Riverside, San Benito, San Joaquin, and Shasta to fund a social worker at each eligible school, as defined, within the school district or charter school, as applicable, for the 2021–22 fiscal year to the 2025–26 fiscal year, inclusive. The bill would require the department to develop an application process and criteria for determining grant recipients on a competitive basis, as provided. The bill would require each governing board of a school district and governing body of a charter school receiving a grant award to report to the department, and would require the department, on or before January 1, 2027, to report to the Legislature, changes in pupil outcomes at the schools participating in the pilot program, including, among others, changes in chronic absenteeism and changes in rates of suspension and expulsion. The bill would make the pilot program inoperative on July 1, 2027, and would repeal it on January 1, 2028.
(1) Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires the Department of Resources Recycling and Recovery to annually designate convenience zones and requires that at least one certified recycling center that meets certain requirements be located within every convenience zone. Existing law authorizes the department to grant a convenience zone an exemption from certain redemption requirements, including certain dealer and recycling center redemption requirements, based on certain factors. Existing law limits the total number of exemptions that may be granted to 35% of the total number of convenience zones identified as having one or more of those factors applicable. This bill would increase the total number of exemptions that may be granted to 50% of the number identified as eligible. The bill would require the department to review exemptions every 5 years to determine if each exemption still meets the prescribed exemption criteria. (2) The act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to submit an affidavit to the department stating that the dealer has met specified standards for redemption, including, among others, that the dealer is redeeming all empty beverage container types at all open cash registers or at one designated location on the dealer's premises, during all hours that the dealer is open for business. If the dealer does not submit that affidavit, existing law requires the dealer to pay $100 per day to the department, for deposit in the California Beverage Container Recycling Fund, a continuously appropriated fund described in (3) , until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provision. This bill would revise these convenience zone redemption duties and exempt from those duties dealers with gross annual sales of less than $2,000,000 and dealers that are not supermarkets and that have less than 5,000 square feet of interior retail space. The bill, until January 1, 2022, would also exempt certain other dealers from these requirements. (3) The act establishes the California Beverage Container Recycling Fund and, except for administrative costs, continuously appropriates moneys in the fund to the department for specified purposes, including the amount necessary to pay handling fees to certain types of recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones. This bill would require the department to offer a handling fee payment from the fund to certain certified recyclers within unserved convenience zones. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill, until July 1, 2022, would require the handling fee to be set at the rate in effect on July 1, 2015. The bill would authorize the department, until July 1, 2022, to annually expend $3,000,000 from the fund for specified supplemental handling fee payments to low-volume recycling centers. By authorizing the expenditure of a continuously appropriated fund for new purposes, this bill would make an appropriation. The bill would require the department to develop and submit to the Legislature recommended revisions to the handling fee provisions, as specified. (4) The act also continuously appropriates from the California Beverage Container Recycling Fund $10,500,000 annually for payments to cities and counties for beverage container recycling and litter cleanup activities. The act authorizes the department to withhold those payments to any city, county, or city and county that has restricted or prohibited the siting of a supermarket site, as provided. This bill would require the department, on or before July 1, 2020, to convene a public hearing, as specified, for purposes of discussing and receiving public testimony on the development of guidelines for evaluating the circumstances that might prompt the department to withhold beverage container recycling and litter cleanup activities payments to any city, county, or city and county that has restricted or prohibited the siting of a supermarket site. (5) The act requires the department to pay a market development payment to a reclaimer, as defined, for empty plastic beverage containers that have been collected for recycling in the state, and that the reclaimer washes and processes into flake, pellet, sheet, or any other form that is then usable as input for the manufacture of new plastic products, as defined, by product manufacturers in the state. The act also requires the department to pay a market development payment to a product manufacturer, as defined, for plastic flake, pellet, sheet, or any other form of plastic purchased from a reclaimer and used by that product manufacturer to manufacture a plastic product in the state. The act makes these provisions inoperative on July 1, 2022. This bill would delay the inoperative date of these provisions from July 1, 2022, to July 1, 2023. The act authorizes the department, for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive, to expend up to $10,000,000 each fiscal year from the fund for market development payments to reclaimers and product manufacturers. This bill would additionally authorize the department to expend up to $10,000,000 from the fund for those purposes for the 2022–23 fiscal year, thereby making an appropriation. (6) Under the act, the department is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer. The department is required to calculate the processing fee in a specified manner, so that the processing fee generally equals 65% of the processing payment that the department is required to pay to processors if the scrap value of the container having a refund value pursuant to the act is less than the cost of recycling. The department is required to determine the statewide weighted average cost to recycle each beverage container type by conducting a survey, as specified. The department is required to establish a processing fee account in the continuously appropriated California Beverage Container Recycling Fund for each material type and to deposit processing fees and other amounts in the applicable account. This bill would, for purposes of calculating processing payments, require the department, until January 1, 2022, to use the actual cost of recycling that was in effect on December 30, 2015, adjusted as specified. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill would provide that the processing fees established by the department between the effective date of the bill and December 31, 2019, inclusive, shall not be higher than they would be absent these new provisions. The bill would require the department to suspend usage of surveys and calculations of recycling costs until at least January 1, 2021, and would authorize the department to redirect any contract funds for cost surveys and calculations to provide for a specified assessment and to utilize any contract funds available for the development of amendments to be recommended to the Legislature regarding specified provisions of the act. (7) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Office of Farm to Fork within the Department of Food and Agriculture, and requires the office, to the extent that resources are available, to work with various entities, including, among others, the agricultural industry and other organizations involved in promoting food access, to increase the amount of agricultural products available to underserved communities and schools in the state. This bill would create the California Organic-to-School Pilot Program, to be administered by the Secretary of Food and Agriculture, through the Office of Farm to Fork. The bill would require the secretary to expend moneys allocated for the program to provide grants for school food authorities to purchase California organic food products for school meals, as specified. The bill would require the secretary to consult with the State Department of Education to determine the recipients and amounts of grants awarded under the program. The bill would require a school food authority that receives a grant under the program to submit a report to the secretary containing specified information and would require the secretary to report to the Legislature on the outcomes of the program. The bill would make the implementation of its provisions contingent on a one-time appropriation being made for its purposes by the Legislature in the annual Budget Act or another statute.
The federal Safe Drinking Water Act regulates certain wells as Class II wells, as defined. Under existing federal law, the authority to regulate Class II wells in California is delegated to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation. Under existing law, the division implements the Underground Injection Control Program pursuant to this federal delegation. The federal act prohibits certain well activities that affect underground sources of drinking water, unless those sources are located in an exempted aquifer. Existing federal law authorizes a state delegated with the responsibility of regulating Class II wells to propose that an aquifer or a portion of an aquifer be an exempted aquifer and authorizes the United States Environmental Protection Agency to approve the proposal if the aquifer or a portion of the aquifer meets certain criteria. Existing law, until March 1, 2019, requires the division to notify the relevant policy committees of the Legislature before submitting a proposal for an exempted aquifer determination to the United States Environmental Protection Agency. Commencing January 1, 2020, and until March 1, 2020, this bill would require the division to notify the relevant policy committees of the Legislature before submitting a proposal for an exempted aquifer determination to the United States Environmental Protection Agency.
Existing law prohibits dumping waste matter in or upon a public or private highway or road, in or upon private property into or upon which the public is admitted by easement or license, upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner, punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. The bill would also require the fine to be doubled for the 4th or subsequent violation if the prosecuting attorney pleads and proves, or, in an infraction case, if the court finds, that the waste placed, deposited, or dumped includes used tires. By changing the definition of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prisons have valid identification cards issued by the Department of Motor Vehicles. Existing law defines "eligible inmate" for those purposes. This bill would require the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates, as defined, have the opportunity to apply to obtain the privilege to operate a motor vehicle upon release from state prison. The bill would require the Department of Motor Vehicles and the Department of Corrections and Rehabilitation to provide an eligible inmate with a specified form to renew the inmate's driver's license by mail, upon request. The bill would provide that if a person has a suspended driver's license as a result of delinquent court-ordered debt that would otherwise be required to be paid before issuance of a driver's license, the Department of Motor Vehicles is required to issue a restricted driver's license only allowing, among other things, necessary travel to and from that person's school or place of employment, or to comply with conditions of release. The bill would require the person to make payments to eliminate or reduce any delinquent court-ordered debt during the time that the person's driver's license is restricted and would provide that the restriction would be lifted once the person has paid the amount due for delinquent court-ordered debt. The bill would prohibit a penalty fee from being assessed to obtain a restricted driver's license pursuant to these provisions.
Under existing law, except as otherwise exempted, a person completing a term of imprisonment in the state prison shall be released for a period of supervised parole. Existing law specifies the length of parole for various classifications of inmates. Under existing law, an inmate is released to the county of their residence before incarceration or, when the interest of public safety is best served, to another location specified by the Board of Parole Hearings. Existing law authorizes the Board of Parole Hearings to establish and enforce rules and regulations governing parole. Existing regulations prohibit a parolee from traveling more than 50 miles from their residence without the approval of a parole agent. This bill would create a program under which the length of a parolee's period of parole would be reduced through the successful completion of specified education, training, or treatment programs, or by participating in volunteer service, while adhering to the conditions of parole. The bill would make this program inapplicable to a person who is required to register as a sex offender. The bill would also increase the 50-mile travel restriction for a parolee who successfully participates in the program, subject to certain restrictions. The bill would require the Department of Corrections and Rehabilitation and the Board of Parole Hearings to adopt regulations to carry out the program.