A Look Ahead: Week of June 10, 2019

Friday, June 7, 2019

This report lists selected significant bills from the June 10th Daily File that are scheduled to be heard in Senate policy committees next week.

Business, Professions & Economic Development

Monday, June 10
12:00 noon, Room 3191

AB 690 (Aguiar-Curry)--Requires a pharmacy technician to meet certain qualifications before working at a remote dispensing site pharmacy. Authorizes the relocation of a pharmacy that is destroyed or damaged as a result of a natural disaster or due to events that led to a declared federal, state, or local emergency, as specified.

AB 716 (Chen)--Authorizes the county clerk, for purposes of filing a fictitious business name statement, to accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process, as specified, ensuring the registrant's identification.

AB 1312 (Low)--Establishes the College Consultants Act. Requires the Secretary of State by January 1, 2022, in consultation with the Department of Consumer Affairs (DCA), to recommend to the Legislature a cost-effective electronic registration process for the registration of college consultants and college consulting firms. Directs the DCA to create the College Consulting Advisory Task Force, and requires the task force to submit a report to the Legislature on best practices in the college consulting industry and other recommendations that may be taken to better regulate the field of college consulting.

Education

Wednesday, June 12
9:00 a.m., Room 4203

AB 8 (Chu)--Mandates that school districts, county offices of education, and charter schools (LEAs) have at least one mental health professional for every 600 students generally accessible to students on campus during school hours, and requires specified optional levels of coverage if there are fewer than 600 pupils. Allows LEAs to meet this mandate through direct employment or through a partnership with a public or private community-based organization that will provide on-campus services. Requires a county to provide ongoing prevention and early intervention funds under the Mental Health Services Act to an LEA for the purpose of funding positions to fulfill the requirements of the bill.

AB 39 (Muratsuchi)--Expresses legislative intent that in the 2020-21 fiscal year, the aspirational statutory grade-span adjusted base grants for local education agencies will equal the following national average per-pupil funding levels: $12,188 for K-3; $12,377 for grades 4-6; $12,194 for grades 7-8; and $14,768 for grades 9-12. Expresses intent to increase these amounts by the statutory cost of living adjustment each year.

AB 369 (Weber)--Requires the California State University to give each support staff employee, after completing his or her first year in a position and upon meeting satisfactory performance standards determined by the employee’s administrator, an automatic merit salary intermediate step adjustment of 5 percent.  Decrees that language that effectuates these raises shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement.

AB 493 (Gloria)--Requires every public school to provide online training at least once every two years to grades 7-12 teachers and to all other certificated employees at that school on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, as well as strategies to increase support for LGBTQ pupils. Requires the California Department of Education (CDE) to develop resources for in-service training on schoolsite and community resources for the support of LGBTQ pupils and strategies to increase support for those pupils if an appropriation is made for this purpose.  Requires, if funds are appropriated, CDE to establish competitive grants to schools to operate their own in-person, in-service training instead of the online training.

AB 500 (Gonzalez)--Requires school districts, charter schools, and community college districts to provide at least six weeks of full paid maternity leave for certificated, academic, and classified employees that are required to be absent from work resulting from pregnancy, miscarriage, childbirth, or recovery. Prohibits school districts, charter schools, and community college districts from diminishing the employee's right to other forms of paid or unpaid leave.

Governance & Finance

Wednesday, June 12
9:30 a.m., Room 112

AB 308 (Muratsuchi)--Exempts from annual tax and Minimum Franchise Tax for small Business, Limited Liability Companies, and Corporations owned by a deployed member of the U.S. Armed Forces for taxable years beginning before January 1, 2029.

AB 411 (Mark Stone)--Authorizes the City of Santa Cruz to use bond proceeds that are required to be used to defease bonds issued by the former redevelopment agency, to increase, improve, and preserve affordable housing and facilities for homeless persons.

AB 608 (Petrie-Norris)--Expands the existing "low value" exemption that recognizes there are properties on which the tax collected is less than the cost of assessing and collecting that tax. 

AB 618 (Mark Stone)--Authorizes the City of Scotts Valley to impose a transactions and use tax for general or specific purposes that exceeds the combined 2% rate limit at a rate of no more than 0.25%. Subject to voter approval, in accordance with the CA Constitution and in conformity with the transaction and use tax law.

AB 1605 (Ting)--Authorizes the City and County of San Francisco to establish a reservation and pricing pilot program for vehicles that use the "Crooked Street” (a residential segment of Lombard Street).

Governmental Organization

Tuesday, June 11
9:30 a.m., Room 4203

AB 247 (Dahle)--Provides for up to 100 percent state reimbursement to local governments for the non-federal costs associated with the Klamathon Fire that started on July 5, 2018 in Siskiyou County and the Carr Fire that started on July 23, 2018, in Shasta County.

AB 429 (Nazarian)--Requires the Alfred E. Alquist Seismic Safety Commission to identify funding and develop a bidding process for hiring a third-party contractor for developing a statewide inventory of buildings that are potentially vulnerable to earthquake damage.

AB 1164 (Gloria)--Authorizes the Director of the Department of General Services to dispose of a property known as the San Diego State Office Building, located at 1350 Front Street in San Diego as well as the building’s parking facilities located at Ash, Front, State, and A Streets.

Health

Wednesday, June 12
1:30 p.m., Room 4203

AB 228 (Aguiar-Curry)--Requires a manufacturer of food that includes industrial hemp to be able to demonstrate that all parts of the plant used in their food come from a state or country that has an established and approved industrial hemp program that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human consumption and the industrial hemp cultivator or grower to be in good standing and compliance with the governing laws of the state or country of origin.

AB 774 (Reyes)--Requires the report of Emergency Care Data Records that each hospital files with the Office of Statewide Health Planning  and Development, until January 1, 2027, to include the time of registration and the date and time of admission, transfer, or discharge, as well as the location of the discharge or transfer, including the name of the facility, if applicable.

AB 798 (Cervantes)--Creates a pilot program, in counties that elect to participate, designed to increase the capacity of health care providers that serve pregnant and postpartum women up to one year after delivery to effectively prevent, identify, and manage postpartum depression and other mental health conditions.

AB 826 (Reyes)--Prohibits the presumptive transfer of foster youth placed in a group home or a Short Term Residential Therapeutic Program unless an exception is invoked, as requested by one of specified individuals or entities pursuant to certain criteria. Makes the county probation agency or the child welfare services agency responsible for determining whether invoking the exception is appropriate.

AB 922 (Burke)--Requires, until January 1, 2024, individuals who provide human oocytes for research to be compensated for their time, discomfort, and inconvenience in the same manner as other research subjects, as prescribed and determined by a human subject research panel or institutional review board.

Human Services

Monday, June 10
3:00 p.m., Room 2040

AB 163 (C. Garcia)--Requires the state Department of Social Services to create a facilities liaison position within its immigration services unit to, among other duties, connect state-licensed group homes, short-term residential therapeutic programs, foster family agencies, and resource families that serve undocumented immigrant youth with appropriate supports and services, including, but not limited to, legal services, mental health assessments and services, and public benefits, as specified.

AB 447 (Patterson)--Expands who is required to obtain a criminal record clearance by including individuals who are “otherwise associated” at a community care facility and expands a requirement for the state Department of Social Services to maintain criminal record clearances of individuals in its active files.

AB 480 (Salas)--Establishes within the California Department of Aging an Older Adult Mental Health Services Administrator to oversee mental health services for older adults.

AB 686 (Waldron)--Requires, when an Indian tribe does not exercise its right to approve a home for a specific child, the county to apply prevailing social and cultural standards of the Indian community when approving a resource family for that child.

AB 944 (Quirk)--Requires, to the extent permitted by federal law, waivers, and directives, a county to renew the 12-month exception period for additional 12-month periods for a sponsored noncitizen applicant for, or recipient of, CalWORKs benefits who is deemed to meet the indigence requirement, as specified.

AB 970 (Salas)--Requires the state Department of Aging to administer a grant program to receive applications from eligible applicants, including, but not limited to, area agencies on aging and public transit operators, to fund transportation to and from nonemergency medical services for older individuals and persons with a disability, for the purpose of reducing greenhouse gas emissions.

AB 1061 (Gipson)--Extends the application of placement preservation strategy provisions to probation-supervised youth in foster care placement, and requires a probation officer to, among other things, develop and implement placement preservation strategies under these provisions for probation-supervised youth.

AB 1137 (Nazarian)--Deletes an existing requirement that the state Department of Aging develop minimum standards for service delivery that include cost containment and fiscal incentives consistent with the delivery of appropriate services at the appropriate level.

AB 1324 (Levine)--Requires the state Department of Social Services, subject to the availability of funding, to contract with nonprofit legal services organizations to provide legal services to undocumented immigrants who are dependent children or nonminor dependents of the juvenile court or who are the subject of an order for out-of-home placement through the juvenile court and specifies the required qualifications for those nonprofit legal services organizations.

ACR 1 (Bonta)--Condemns regulations proposed by the federal Department of Homeland Security to prescribe how a determination of inadmissibility for a person who is not a citizen or national is made based on the likelihood that the person will become a public charge.

Insurance

Wednesday, June 12
1:30 p.m., Room 112

AB 567 (Calderon)--Establishes the Long Term Care Insurance Task Force in the Department of Insurance, to be chaired by the Insurance Commissioner or the commissioner’s designee, and composed of specified stakeholders and representatives of government agencies to examine the components necessary to design and implement a statewide long-term care insurance program. Requires the task force to recommend options for establishing this program and to comment on their respective degrees of feasibility in a report submitted to the commissioner, the Governor, and the Legislature by July 1, 2021.

AB 1065 (Berman)--Authorizes written records relating to the business of life insurance to be provided by electronic transmission if the insurer complies with specified requirements, including the requirement to demonstrate proof of delivery of electronic transmitted records.

AB 1104 (Calderon)--Directs the Insurance Commissioner to appoint two additional members to the California Life and Health Insurance Guarantee Association (CIGA) board of directors who represent the public generally. Prohibits an officer, director, or employee of an insurance company or health maintenance organization, or any person engaged in the business of insurance from serving as a public representative. Authorizes the commissioner to impose an annual assessment on an insurer that issues or renews long-term care policies in an amount up to $1,000,000 based on the insurers’ pro rata share of the costs the department incurs reviewing, analyzing, and reporting on disclosure reports submitted by long-term care insurers and the association, but not to exceed reasonable regulatory costs.

Judiciary

Tuesday, June 11
1:30 p.m., Room 112

AB 206 (Chiu)--Provides that a property owner who voluntarily participates in a lead paint abatement program and all public entities shall be immune from liability in any lawsuit from a responsible party seeking to recover costs associated with a lead paint abatement program.

AB 446 (Choi)--Prohibits acts of housing discrimination against persons on account of their status as a victim of abuse.

AB 1123 (Reyes)--Requires that each party in an appellate proceeding in which a violation of Proposition 65 is alleged, or the application of Proposition 65 is at issue, to serve a copy of the party’s brief on the Attorney General.

AB 1820 (Judiciary)--Authorizes the Department of Fair Employment and Housing to bring civil actions for violations of federal civil rights and anti-discrimination laws.

Labor, Public Employment & Retirement

Wednesday, June 12
9:30 a.m., Room 2040

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 346 (Cooper)--Extends “4850 Leave” (a special workers' compensation benefit for safety officers that allows for a leave of absence at full pay that is tax free for one year) to police officers employed by a school district, county office of education, or community college district.

AB 457 (Quirk)--Requires the Division of Occupational Safety and Health (Cal/OSHA) to adopt regulations establishing a revised permissible exposure limit for lead in the general and construction safety orders by February 1, 2020. Authorizes the adoption of emergency regulations as necessary to implement this requirement.

AB 520 (Kalra)--Expands coverage of the prevailing wage law on private developments receiving minimal public subsidies by lowering the amount of a public subsidy that will trigger the law’s application as a public works projects. (This is referred to as the “de minimis” exception for public contributions.) Specifically, the amount of the public subsidy which will trigger the law’s coverage requirement is lowered to both less than $275,000 and less than 2 percent of a total project's cost.

AB 547 (Gonzalez)--Significantly expands the sexual harassment training requirements applied to janitorial workers under existing law by mandating the use of "peer trainers" who must be paid at least twice the minimum wage and receive specified education in intersectionality. Makes various other changes to the Property Service Workers Protection statute.

AB 589 (Gonzalez)--Makes it a misdemeanor and punishable by a civil penalty up to $10,000 per violation for an employer to knowingly retain or otherwise fail to return a worker's actual or purported immigration documents. Requires employers at their own expense to create and post a notice related to immigration documents. Specifies where the notice must be placed and what information and verbiage must be included in the notice. Requires employers, before verifying employment eligibility per federal law, to provide employees with a document (i.e., the "Worker's Bill of Rights" created and translated by the Department of Industrial Relations) in the person's native language listing, among other things, the employees' rights related to immigration and identification documents. Specifies that the employer shall require the employees to sign and date the document in acknowledgment that the employee has read and understands the document. Requires the employer to provide copy to the employee as well as retain the original for three years.

AB 1124 (Maienschein)--Requires the California Occupational Safety and Health Standards Board to adopt emergency regulations requiring employers to provide respirators to outdoor workers when employees are expected to be exposed to harmful levels of wildfire smoke.

AB 1223 (Arambula)--Requires public and private employers to provide an additional 30 days of non-paid leave to an employee who is an organ donor. Clarifies that life insurance and long-term care insurance carriers cannot discriminating against organ donors.

AB 1768 (Carrillo)--Expands the definition of public works to include work performed during construction site assessments and feasibility studies, and specifies that preconstruction work is a part of public works, regardless of whether any further construction work is conducted.

AB 1804 (Labor & Employment)--Repeals AB 326 (Morrell-2014) by eliminating the ability for employers to report serious injuries to the Division of Occupational Safety and Health (Cal/OSHA) by email, and would instead only allow reporting by telephone or eventually through an online portal developed and launched by Cal/OSHA.

Natural Resources & Water

Tuesday, June 11
9:30 a.m., Room 112

AB 65 (Petrie-Norris)--Specifies expenditures of Proposition 68 funds by the State Coastal Conservancy (SCC) to address the impacts and potential impacts of climate change on resources within its jurisdiction. Specifically, would require the SCC to prioritize projects that use natural infrastructure to help adapt to climate change.

AB 273 (Gonzalez)--Prohibits the commercial and recreational trapping of any fur-bearing mammal or nongame mammal and the sale of the raw fur of any fur-bearing mammal or nongame mammal.

AB 278 (McCarty)--Authorizes those on parole to serve in the California Conservation Corps or a local conservation corps.

AB 342 (Muratsuchi)--Prohibits any state agency, department, or commission, or any local trustee with leasing authority over public lands within the state, from entering into any new lease or other conveyance authorizing new construction of oil and natural gas related infrastructure upon public lands that supports production of oil and natural gas upon federal lands that are designated as, or were at any time designated as, federally protected.

AB 467 (Boerner Horvath)--Requires that prizes in competition events held on state property under the jurisdiction of State Parks, the State Lands Commission, the Department of Fish and Wildlife, the Coastal Commission, or an event that requires permitting for use of state highways, be equal, regardless of gender.

AB 487 (Gallagher)--Provides a 30-day grace period after the July 1 due date for dam operators to pay fees that cover the reasonable costs of carrying out the supervision of dam safety. Provides flexibility to the Department of Water Resources to determine whether to assess dam owners a fine for failing to pay their dam fees on time.

AB 556 (Carrillo)--Requires the Natural Resources Agency to develop and implement a community access program, primarily focused on low-income and disadvantaged communities, to natural or cultural resources, community education programs, or recreational amenities.

AB 585 (Limon)--Requires the State Lands Commission to consider a host of things when determining whether or not to approve the assignment, transfer, or sublet of an oil and gas lease. Requires present and future oil and gas lessees or permit holders to be liable for permit or lease obligations related to plugging and abandoning wells, decommissioning facilities, and conducting remediation or restoration.  Requires the lessee to submit a notarized affidavit of liability for the decommissioning of production facilities and related infrastructure within six months after the date on which a lease terminates or expires and requires the lessee to commit to starting the process of decommissioning the facilities within one year after the date on which the lease terminates or expires. Failure to comply with the affidavit would subject the lessee to a misdemeanor punishable by a fine of up to $10,000 and/or a year in jail.

AB 1011 (Petrie-Norris)--Authorizes the Coastal Commission to waive the filing fee for a coastal development permit. Requires that when considering such a waiver, the Commission shall give extra consideration to a private nonprofit 501(c)(3) organization if the permit is required for a habitat restoration project or a project to provide public access to coastal resources.

AB 1160 (Dahle)--Extends the effective period for Sustained Yield Plans, a type of long-term commercial timber harvest plan for large (>50,000 acres) timber landowners, from 10 to 20 years.

AB 1414 (Friedman)--Aligns the reporting timelines for existing water use reports submitted by water suppliers with the timelines of new reports required by last year's "Making Conservation a Way of Life" water package.

AB 1432 (Dahle)--Authorizes a public water supplier to declare a water shortage emergency condition without holding a public hearing in the event of a wildfire.

AJR 8 (Quirk)--Urges the United States Congress to specifically add California to the Nutria Eradication and Control Act of 2003 and to authorize an appropriation of $4 million to help the state implement a nutria eradication program.

Public Safety

Tuesday, June 11
8:30 a.m., Room 3191

AB 893 (Gloria)--Prohibits, beginning January 1, 2021, any contract or authorization permitting the sale of firearms or ammunition at the Del Mar Fairgrounds in San Diego County. Provides that this prohibition does not apply to gun buy-back programs.

AB 1390 (Mark Stone)--Expands up to age 25 at the discretion of a county multidisciplinary team, an existing pilot program which authorizes adults age 18 to 21 years of age at the time of their felony offense to be housed in juvenile hall for up to one year in lieu of jail and upon completion of the program charges would be dropped . The pilot is currently authorized in Alameda, Butte, Napa, Nevada, Santa Clara, and Ventura counties and applies only to "realigned" felonies (i.e. a felony punishable by incarceration in a county jail not state prison) and excludes individuals who have a conviction for a "serious," "violent," a registerable sexual offense, or any offense in Welfare and Institutions Code 707(b) (a list of serious and violent crimes as applied to juvenile offenders). The pilot would sunset on January 1, 2022.

AB 1215 (Ting)--Provides that a law enforcement agency or law enforcement official shall not install, activate, or use any biometric surveillance system in connection with an officer camera or data collected by an officer camera. Provides that in addition to any other penalties or remedies provided by law, a person may bring an action for equitable or declaratory relief in a court of competent jurisdiction against an agency or official that violates this prohibition.

AJR 4 (Aguiar-Curry)--Urges Congress to swiftly enact House Resolution 8, the "Bipartisan Background Checks Act of 2019," in order to "help reduce the tragedy of gun violence by bringing effective, common sense firearm policy to the whole country."

AJR 5 (Jones-Sawyer)--Urges the federal government to use California as an example for firearm safety and for stronger firearm laws to protect all citizens and to pass legislation that would provide universal firearm safety regulation throughout this nation. (The author’s intent appears to be to ask Congress to copy California statutes regulating firearms such as universal background checks, 10-day waiting period, one per month limit on handgun purchases, firearms safety certificates, the "unsafe handgun" law, gun violence restraining orders, etc.)

 

Transportation

Tuesday, June 11
1:30 p.m., Room 4203

AB 252 (Daly)--Permanently authorizes the Department of Transportation (Caltrans) to assume the role of the United States Department of Transportation (U.S. DOT) for National Environmental Policy Act (NEPA) decision making, a power that will sunset on January 1, 2020. NEPA delegation streamlines environmental review for highway projects, reduces costs, and accelerates project delivery at a time when California is desperately in need of more efficient project delivery on its aging roads and highways.

Veterans Affairs

Tuesday, June 11
1:30 p.m., Room 2040

AB 240 (Irwin)--Prohibits a lease on property of a Veterans Home from exceeding 5 years, unless the lessee is a local government or a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families.

AB 361 (Voepel)--Authorizes the Adjutant General and the Military Department to enter into agreements with specified entities, including nonprofit and military or veteran foundations, to conduct California Military Department Support Fund activities, and to accept in-kind donations.