A Look Ahead: Week of July 1, 2019

Friday, June 28, 2019

This report lists selected significant bills from the July 1st Daily File that are scheduled to be heard in Senate policy committees next week.

Agriculture

Tuesday, July 2
9:30 a.m., Room 113

AB 409 (Limon)--Requires the Strategic Growth Council to make up to $2 million available, upon appropriation by the Legislature, to establish and oversee the development of the Agricultural Climate Adaptation Tools Program, a grant program for the agriculture sector that would provide funding for the establishment of various planning tools for climate change adaptation, pilot projects to test the adaptation planning tools, and training on how to use the planning tools.

AB 466 (Agriculture)--Extends for five years, until January 1, 2025, a requirement for the Office of Farm to Fork to submit an annual financial report to the Legislature. Defines 6% milk products and allows the Secretary for the California Department of Food and Agriculture (CDFA) to establish standards for 6% milk. Expands the CDFA Secretary's ability to enter into "origin inspection agreements" with other states that could help facilitate the importation of bee colonies into the state during the busy pollination season.

AB 916 (Muratsuchi)--Establishes a 5-year moratorium, until January 1, 2025, on a city, county, charter city, city and county, or a special district, from using any pesticide that contains the active ingredient glyphosate.

AB 1288 (Cooley)--Expands the information required to be reported to the state's cannabis track and trace system to include the date of retail sale to a customer, whether the sale is on the retail premises or by delivery, and the delivery inventory ledger. Requires the California Department of Food and Agriculture (CDFA), in consultation with the Bureau of Cannabis Control, to ensure, no later than July 1, 2020, that the track and trace system is fully integrated into the California Law Enforcement Telecommunications System. Authorizes the Bureau of Cannabis Control to share a local jurisdiction's ordinance and regulation information related to commercial cannabis activity with the Governor's Office of Business and Economic Development (GO-Biz).

AB 1472 (Mark Stone)--Creates the California Dungeness Crab Commission for the stated purpose of helping regulators understand the unique economic factors affecting the fishery as well as the need to better market Dungeness crab to the general public.

Business, Professions & Economic Development

Monday, July 1
11:00 a.m., Room 3191

AB 528 (Low)--Adds Schedule V controlled substances to the list of prescription drugs required to be reported to the Controlled Substance Utilization Review and Evaluation System (CURES) by dispensers. Requires dispensers to report to CURES one working day after the date a controlled substance is dispensed instead of seven days as required under existing law. Requires the Department of Justice to adopt regulations to address the conditions under which an insurer providing workers' compensation coverage may access information in CURES for purposes of reviewing a workers' compensation claim, as specified. Authorizes a health care practitioner's or pharmacist's delegate to receive information in CURES for an individual under the practitioner's or pharmacist's care. Expands exemptions to the requirement that a health care practitioner consult CURES.

AB 888 (Low)--Extends the existing requirement for a prescriber to discuss the risks associated with opioid use to all patients, instead of only minors, before directly dispensing or issuing to a patient the first prescription in a single course of treatment for a controlled substance containing an opioid. Requires the discussion to include the availability of nonpharmacological treatments for pain, and requires the prescriber to offer, as deemed appropriate, a referral for a provider of nonpharmacological treatments for pain. Requires a prescriber to obtain informed written consent, as specified, from the patient or a minor's parent or guardian after the required information is discussed. Exempts a patient receiving hospice care from these requirements.

AB 1340 (Chiu)--Requires an institution subject to the California Private Postsecondary Education Act to report to the Bureau for Private Postsecondary Education (BPPE) individual identifying information for each graduate that is sufficient to match to wage data from the Employment Development Department (EDD), the program the graduate was enrolled in, and the graduate’s student loan debt information, if applicable. Requires the BPPE to match the data reported by institutions to the wage data provided by the EDD and to make available on its website the relevant program-level and institution-level statistics that is consistent with state and federal privacy laws regarding the earnings levels of graduates and student debt information. Delays the implementation of these requirements until the Director of the Department of Consumer Affairs certifies that the BPPE’s information technology system is capable of processing the data required by this bill.

Education

Wednesday, July 3
9:00 a.m., Room 4203

AB 624 (Gabriel)--1) Requires public and nonsectarian private institutions of higher education (IHEs) that issue student identification (ID) cards to have printed on the ID card the numbers for the National Sexual Assault Hotline, the National Domestic Violence Hotline, and a “sexual or reproductive health” hotline. Allows them to also include the numbers for a local sexual assault hotline and/or a local domestic assault hotline. Requires religious IHEs to include the National Sexual Assault Hotline on their student ID card. 2) Requires public schools, including charter schools, and private schools that serve pupils in grades 7 to 12 and that issues pupil ID cards to include on the ID card, the numbers for the National Sexual Assault Hotline and the National Domestic Violence Hotline. Requires public schools, including charter schools, to include the number for a “sexual or reproductive health” hotline.

AB 703 (Weber)--States that no mandatory systemwide fees or tuition of any kind shall be required or collected by the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any community college district from a student who has been exonerated by the granting of a writ of habeas corpus or an absolute pardon.

AB 1307 (Blanca Rubio)--Establishes a formula to determine the amount of Cal Grant awards for students attending California independent, nonprofit colleges and universities (ICCUs) such that, commencing in 2020-21, the maximum Cal Grant award for tuition for a student attending an ICCU shall be set and maintained at 80% of the sum of the General Fund share of the California State University (CSU) marginal cost of instruction and the maximum Cal Grant award for tuition at the CSU system. Establishes Cal Grant award levels for 2018–19 and 2019–20 at $9,084 for new recipients attending ICCUs.

Elections and Constitutional Amendments

Tuesday, July 2
9:30 a.m., Room 112

SCA 1 (Allen)--Places before voters the repeal of Article 34 of the State Constitution, which requires a vote of the people prior to the development, construction, or acquisition of a low-rent housing project in a community.

AB 201 (Cervantes)--Provides that mass campaign text messages that support or oppose a candidate or ballot measure must disclose the name of the candidate or committee that paid for it, and provide a hyperlink to a website containing more information about the candidate or committee and its top three donors, where applicable. Includes text messages sent by candidate-controlled and political party committees. Requires the website to remain accessible to the public until 30 days after the election.

AB 220 (Bonta)--Authorizes the use of campaign funds to pay for childcare expenses resulting from a candidate engaging in campaign activities.

AB 571 (Mullin)--Imposes a campaign contribution limit of $4,700 on candidates for city or county offices, but allows local jurisdictions to adopt a higher or lower limit. 

AB 681 (Gonzalez)--Requires county elections officials to send three additional notices to voters before the presidential primary election informing them of their registered political party preference, which parties allow no party preference (NPP) voters to vote in their presidential primary election, and how to change the voter's political party preference. Permits a voter, from the 14th day immediately preceding an election until the close of polls on election day, in lieu of executing a new affidavit of registration, to change the voter’s residence address or political party preference by submitting to the voter’s county elections official a written request containing the new residence address or political party preference and signed under penalty of perjury.

AB 730 (Berman)--Prohibits a person, committee, or other entity, within 60 days of an election at which a candidate for elective office will appear on the ballot, from knowingly or recklessly distributing deceptive audio or visual media of the candidate with the intent to injure the candidate’s reputation or to deceive a voter into voting for or against the candidate, unless the media includes a disclosure stating that the media has been manipulated.

AB 787 (Gipson)--Requires cities and counties to allow organizations to conduct in-person voter registration drives in their jail facilities, including the provision of vote-by-mail applications.

AB 864 (Mullin)--Makes a number of mostly technical changes and corrections to political ad disclosure laws enacted by AB 249 of 2017 and AB 2188 of 2018 with one notable exception. It recasts the provisions of law that describe the size and formatting requirements for the disclosure in print advertisements, such as billboards and yard signs that are larger than those designed to be individually distributed. These changes mean that this disclosure mandate can now consume up to 30% of the print advertisement, especially since multiple major funder names are prohibited from being placed on one line.

AB 963 (Petrie-Norris)--Establishes the Student Civic Engagement and Voter Empowerment Program to be conducted by the Secretary of State (SOS) in partnership with the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC): 1) Requires each campus of the CCC and CSU (and requests UC) to distribute, in consultation with SOS, voting- and election-related dates and information via academic calendars (print and online) campuswide emails, and social media posts. 2) Requires each campus to designate one nonpartisan person as Civic and Voter Empowerment Coordinator to implement this Program; requires the Coordinator to convene at least three election outreach events to increase civic learning and democratic participation. 3) Requires, during even numbered years, that two of the three events be convened within 30 days of a statewide primary or general election.

Energy, Utilities & Communications

Tuesday, July 2
9:00 a.m., Room 3191

AB 523 (Irwin)--Requires written consent prior to a telecommunications carrier releasing geolocation information and other customer proprietary network information.

AB 740 (Burke)--Establishes the California Catastrophic Wildfire Victims Fund to provide reimbursements to victims for a portion of their wildfire losses.  Moneys for the fund will come from a $500 million continuous appropriation, continuation of a surcharge on ratepayers that was set to expire in 2020, and voluntary contributions from the electric utilities.

Environmental Quality

Wednesday, July 3
8:30 a.m., Room 3191
(Please note time change)

AB 161 (Ting)--Allows customers to opt out of receiving a paper receipt.

AB 430 (Gallagher)--Establishes a ministerial approval process for residential and mixed-use developments in cities near where the Camp Fire was, so that these projects are not subject to review under the California Environmental Quality Act (CEQA).

AB 729 (Chu)--Amends the existing carpet stewardship program to allow for the charging of fees based upon recyclability of materials in a specific carpet, and increases the fine that CalRecycle can assess on individuals or companies.

AB 792 (Ting)--Mandates that 75% of a plastic beverage bottle must be made from recycled content by 2030. Imposes mandates of 25% recycled content by 2021, and 50% recycled content by 2025.

AB 1046 (Ting)--Creates the California Electric Vehicle Initiative to provide financial incentives to consumers to achieve a statewide deployment of five million electric vehicles by December 2030. Allows the Air Resources Board to securitize existing funding sources to pay for the program.

AB 1080 (Gonzalez)--Requires the Department of Resources Recovery and Recycling (CalReycle) to adopt regulations to require source reduction and recycling of single-use packaging, and the top 10 single-use plastic products based on a "litter survey." Requires manufacturers of these products to meet a 75% recycling rate by 2030 as a condition to continue selling these products in California.

Governance & Finance

Wednesday, July 3
9:30 a.m., Room 112

AB 48 (O'Donnell)--Creates the Kindergarten-Community Colleges Public Education Facilities Bond Acts of 2020 and 2022 as state general obligation bond acts. Proposes $13 billion for 2020, but does not specify any amount for the 2022 bond.

AB 707 (Kalra)--Increases, from $25,000 to $50,000, the formal bidding threshold for the Santa Clara Valley Water District (Valley Water).

AB 872 (Aguiar-Curry)--Provides narrow retrospective property tax relief for children who inherit stock in a corporation from their parents but who do not qualify for the existing parent-child exclusion from reassessment of the property.

AB 881 (Bloom)--Makes significant changes to existing law regarding local ordinances permitting Accessory Dwelling Units (ADU's) in cities and counties. The most significant change required by this bill is removing the authority for local agencies to require that applicants for ADUs be owner occupants until 2025 and removes the ability for cities to require owner occupancy for either the primary or the accessory dwelling unit

AB 1593 (Reyes)--Expands eligibility for the state's Earned Income Tax Credit (EITC) by allowing federal individual Tax Identification Numbers (TIN) to be used to qualify for the program

AB 1607 (Boerner Horvath)--Requires a city or county, upon issuing a business license, to provide the business with written notice about the legal prohibition on gender-based pricing discrimination for services and the related posting requirements.

Health

Wednesday, July 3
1:30 p.m., Room 4203

AB 174 (Wood)--Requires, until January 1, 2023, the California Health Benefit Exchange (aka Covered California) to develop and prepare one or more reports to be issued at least quarterly and to be made publicly available within 30 days following the end of each quarter for the purpose of informing the California Health and Human Services Agency, the Legislature, and the public about the enrollment process for the individual market assistance program (aka premium subsidies).

AB 290 (Wood)--Requires a financially interested entity, as defined, that is making a third-party premium payment to provide that assistance in a specified manner and to perform other related duties, including disclosing to the plan or the insurer the name of the enrollee or insured, as applicable, for each plan or policy on whose behalf a third-party premium payment will be made.

AB 384 (Chau)--Provides that a business that offers personal health record software or hardware to a consumer, in order to make information available to an individual or provider of health care at the request of the individual or provider of health care, for purposes of allowing the individual to manage their information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of the Confidentiality of Medical Information Act.

AB 414 (Bonta)--Requires, on or before March 1, 2022, and annually on or before March 1 thereafter, the Franchise Tax Board to report to the Legislature on specified information regarding the Minimum Essential Coverage Individual Mandate, the Individual Shared Responsibility Penalty, and state financial subsidies paid for health care coverage.

AB 678 (Flora)--Provides that the existing exclusion of Medi-Cal podiatric services is effective only through December 31, 2019, and restores podiatric services as a Medi-Cal covered benefit as of January 1, 2020, or the effective date of federal approvals as specified.

AB 731 (Kalra)--Expands rate review requirements to apply to large group health care service plan contracts and health insurance policies, and imposes additional rate filing requirements on large group contracts and policies.

AB 744 (Aguiar-Curry)--Requires a health care service plan or health insurer to reimburse a health care provider for the diagnosis, consultation, or treatment of an enrollee, subscriber, insured, or policyholder appropriately delivered through telehealth services on the same basis and to the same extent that the health care service plan or health insurer is responsible for reimbursement for the same service through in-person diagnosis, consultation, or treatment.

AB 824 (Wood)--Provides that an agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a pharmaceutical product, is to be presumed to have anticompetitive effects if a nonreference drug filer receives anything of value from another company asserting patent infringement and if the nonreference drug filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the nonreference drug filer’s product for any period of time, as specified.

AB 919 (Petrie-Norris)--Exempts specified actions, including, among other things, reduced copayments made to a hospital for outpatient services and remuneration to a patient that promotes access to care and poses a low risk of harm, from the prohibition on referrals to drug abuse recovery and treatment services.

AB 1004 (McCarty)--Requires, consistent with federal law, screening services provided as an Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) benefit to include developmental screening services for individuals zero to 3 years of age, inclusive, and requires Medi-Cal managed care plans to ensure that providers who contract with these plans render those services in conformity with specified standards.

AB 1116 (Grayson)--Creates, until January 1, 2025, the Firefighter Peer Support and Crisis Referral Services Pilot Program.

AB 1309 (Bauer-Kahan)--Requires a health care service plan and a health insurer, for policy years beginning on or after January 1, 2020, to provide a special enrollment period to allow individuals to enroll in individual health benefit plans through the California Health Benefit Exchange from December 16 of the preceding calendar year, to January 31 of the benefit year, inclusive.

AB 1360 (Ting)--Defines a food delivery platform as a business engaged in the service of online food ordering and delivery from food retail establishments to a consumer, and requires a food delivery platform and food delivery driver to ensure that food is transported during delivery in a manner that meets specified food safety requirements.

AB 1544 (Gipson)--Establishes within the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, until January 1, 2030, the Community Paramedicine or Triage to Alternate Destination Act of 2019.

AB 1550 (Bonta)--Authorizes a certified crisis stabilization unit designated by a mental health plan, at the discretion of the mental health plan, to provide medically necessary crisis stabilization services to individuals beyond the service time of 24 hours, but not for more than 36 hours, when the individual needs inpatient psychiatric care or outpatient care and inpatient psychiatric beds or outpatient services are not reasonably available.

Housing

Tuesday, July 2
1:30 p.m., Room 4203

AB 10 (Chiu)--Increases California’s Low Income Housing Tax Credit by $500 million and allocates $25 million per year of that amount to farm-worker housing projects.

AB 168 (Aguiar-Curry)--Adds a “tribal cultural resource” as defined under existing law to the list of sites exempt from streamlined, ministerial approval under SB 35 (Wiener - 2017).

AB 437 (Wood)--Creates the Move-In Loan Program for the purpose of providing grants to eligible nonprofit organizations to be used to provide no-interest loans to eligible applicants who cannot otherwise afford the security deposit and first month’s rent for a rental dwelling.

AB 1483 (Grayson)--Requires increased reporting of housing data from local jurisdictions, compilation of data by the state, and dissemination of the data by both local jurisdictions and the state.

AB 1783 (Robert Rivas)--Sponsored by the United Farm Workers union, this bill creates a new ministerial permitting process for farmworker housing located on agricultural land. Provides that the ministerial permit would not be available unless the farmer turns operation of their housing over to a non-profit housing manager and he/she would be subject to a fine if he/she failed to do so. Prohibits state funding for the planning, development, and operation of housing that would be utilized for H-2A temporary worker employees.

Judiciary

Tuesday, July 2
1:30 p.m., Room 112

AB 32 (Bonta)--Prohibits, on or after January 1, 2020, the Department of Corrections and Rehabilitation from entering into or renewing a contract with a private, for-profit prison to incarcerate state prison inmates. The bill would also prohibit, after January 1, 2028, a state prison inmate or other person under the jurisdiction of the department from being incarcerated in a private, for-profit prison facility.

AB 170 (Gonzalez)--Requires a client employer to share with a labor contractor all civil legal responsibility and civil liability for harassment for all workers supplied by that labor contractor.

AB 218 (Gonzalez)--Extends the statute of limitations for claims of childhood sexual abuse to now allow a victim to bring suit up until their 40th birthday or five years from the date they became aware of an illness caused by childhood sexual abuse.

AB 418 (Kalra)--Provides that, except as specified, a union agent and a represented employee or represented former employee have a privilege to refuse to disclose, in connection with a court proceeding, administrative board or agency proceeding, arbitration, or other proceeding, any confidential communication between them and the union agent while the union agent was acting in the union agent's representative capacity.

AB 668 (Gonzalez)--Provides that a person shall not be subject to civil arrest of any type in a courthouse while attending a court proceeding or having legal business in the courthouse.

Public Safety

Tuesday, July 2
8:30 a.m., Room 4203

AB 607 (Carrillo)--Eliminates (except for crimes of employment of minors in drug crimes) a provision of law which provides that a person previously granted probation for specified drug crimes who re-offends is ineligible for probation.

AB 907 (Grayson)--Provides that a person who by any means, including an electronic act, makes a threat to commit a crime which is reasonably likely to result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with the specific intent that the statement is to be taken as a threat and where the threat on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and an immediate prospect of execution of the threat, and which causes a person or persons reasonably to be in sustained fear for their own safety or that of another, is guilty of an offense punishable as a "wobbler" (i.e. by up to one year in county jail or 16 months, 2, or 3 years).

AB 1185 (McCarty)--Provides that a county may create a sheriff oversight board, either by action of the board of supervisors or through a vote of county residents, comprised of civilians to assist in the board’s supervisorial duties over the sheriff. Authorizes the sheriff oversight board to issue subpoenas for witnesses and documents. Provides that refusal to comply with a subpoena is punishable in the same manner as contempt of court in a civil case. Authorizes a county to appoint an inspector general to assist the board of supervisors in its oversight functions over the sheriff. Authorizes the inspector general to issue subpoenas.

AB 1618 (Jones-Sawyer)--Provides that a provision of a plea bargain that requires a defendant to generally waive future potential benefits of legislative enactments, initiatives, judicial decisions, or other changes in the law that may retroactively apply after the date of the plea is void as against public policy.