HomeMy WebLinkAbout2022-06-14 - AGENDA REPORTS - AB 1797 AB 2142 AB 2295 SB 866 SB 1479O
Agenda Item: 8
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: 1
DATE: June 14, 2022
SUBJECT: STATE LEGISLATION: AB 1797, AB 2142, AB 2295, SB 866, AND
SB 1479
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council:
1. Support AB 2142 (Gabriel).
2. Oppose AB 1797 (Weber), AB 2295 (Bloom), SB 866 (Wiener), and SB 1479 (Pan).
3. Transmit position statements to the authors of the bills, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Newsom, the League of California
Cities, and other stakeholder organizations.
BACKGROUND
The following state legislative items were presented to the City Council Legislative Committee
on May 16, 2022. Included as part of this report is a brief summary of each piece of legislation
and its current status in the state legislative process.
Assembly Bill 1797
Existing law permits health care providers and youth -based agencies, including schools and
childcare facilities, to disclose immunization information from the patient's medical or client's
records to local health departments and the State Department of Public Health. Additionally,
existing law allows for a parent or guardian to lock immunization records and restrict sharing of
this information between the aforementioned agencies.
Authored by Assembly Member Akilah Weber (D-79-San Diego), Assembly Bill 1797, requires,
instead of permits, health care providers and youth -based agencies, including schools and
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childcare facilities, to disclose immunization information from the patient's medical or client's
records to local health departments and the State Department of Public Health. This bill retains
the right for a parent or guardian to lock immunization records and restrict sharing of this
information between the aforementioned agencies.
Additionally, in the case of the COVID-19 state emergency, this bill authorizes schools,
childcare facilities, family childcare homes, and county human services agencies to perform
immunization status assessments of youth, adults, and clients. In the case of schools, this
provision only applies to schools under a school district governing body that has adopted a
policy mandating COVID-19 immunization for school attendance. This provision sunsets on
January 1, 2026.
None of the school districts within the City have adopted a policy mandating COVID-19
immunization.
Assembly Bill 1797 was pending a Third Reading in the Assembly, at the time this report was
developed.
Assemblv Bill 2142
Authored by Assembly Member Jesse Gabriel (D-45-Encino), Assembly Bill 2142 reinstates a
personal income tax exclusion for amounts received as a rebate, voucher, or other financial
incentive issued by a local water agency, local government, or state agency for participation in a
turf removal water conservation program. If passed, this tax exemption would sunset on
January 1, 2027.
State law previously exempted turf rebates from taxable income but those provisions were
allowed to sunset on January 1, 2019. Additionally, existing federal and state law excludes, from
gross income, any subsidy provided by a public utility for the purchase or installation of any
"energy conservation measure." An "energy conservation measure," in turn, is defined as any
installation or modification primarily designed to reduce the consumption of electricity or natural
gas or to improve the management of energy demand in a dwelling unit, as specified.
Moreover, existing state law also provides an exclusion for any rebate, voucher, or other
financial incentive issued by the California Energy Commission, the Public Utility Commission,
or a local publicly owned electric utility for an expense incurred by a taxpayer to purchase or
install a specified thermal system, solar system, wind energy system, or a fuel cell generating
system.
According to the National Integrated Drought Information System, 100 percent of the State is
currently experiencing at least moderate drought conditions and 87 percent of the State, in turn,
is in severe drought, which is marked by inadequate grazing lands, a longer fire season, and
increased wildlife disease. These conditions led to Governor Newsom issuing a proclamation on
October 19, 2021, extending the statewide drought emergency and calling on Californians to
increase their water conservation efforts. However, on March 15, 2022, CalMatters reported that
Californians used 2.6 percent more water in January 2022 compared to before the drought
emergency declaration.
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The Santa Clarita Valley Water Agency (SCVWA) offers residents and businesses a turf
replacement rebate of $3 per square foot. Additionally, on April 26, 2022, the SCVWA Board of
Directors approved to move into Stage 2 of its Water Shortage Contingency Plan, which among
other things, limits landscape watering to three days per week. The SCVWA Board of Directors
is in support of Assembly Bill 2142.
The recommendation to support Assembly Bill 2142 is consistent with the City of Santa Clarita
2022 Executive and Legislative Platform. Specifically, Component 48 under the "State" section
advises that the City Council, "Monitor and influence legislation or other actions related to the
reasonable management of water, consistent with being good water stewards, and oppose
policies that outright prohibit local water accessibility."
Assembly Bill 2142 was pending a Third Reading in the Assembly, at the time this report was
developed.
Assembly Bill 2295
Authored by Assembly Member Richard Bloom (D-50-Santa Monica), Assembly Bill 2295
requires local governments to approve a residential development on property owned by a local
education agency and preempts local zoning and local land use authority, if the following criteria
is met:
• The housing development consists of at least 10 housing units;
• The housing development shall have a recorded deed restriction that ensures, for a period
of at least 55 years, that the majority of the units of the housing development shall be set
at an affordable rent to lower -income or moderate -income households. However, at least
30 percent of the units shall be affordable to lower -income households;
• 100 percent of the units of the housing development shall be rented by local educational
agency employees, local public employees, and general members of the public pursuant
to the following procedures. However, priority is to go to a local education agency's
employees;
• The residential density for the housing development, as measured on the development
footprint, shall be at least 30 units per acre;
• The height limit for the housing development shall be no less than 30 feet; and
• The property is adjacent to a property that permits residential uses.
There are over 1,000 local education agencies (LEA) in the State, which includes school
districts, county offices of education, and charter schools. Collectively, they own more than
150,000 acres of land. Furthermore, of land owned by LEAS, it is estimated that there are 7,068
properties with potentially developable land of one acre or more, totaling 75,000 acres statewide.
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Schools in the City are located in the City's Public/Institutional (PI) Zone. Although the PI Zone
permits a dwelling, it does not include specifications for a residential multifamily subdivision, as
outlined in this legislation, and therefore a proposed multifamily project within a PI Zone would
require a zone change to be considered for development purposes.
In addition to LEA property within the City's PI zone, some LEAS also own property outside of
the PI Zone. Proposed projects by an LEA for these properties would be reviewed for
consistency with City standards included in the City Municipal Code.
The recommendation to oppose Assembly Bill 2295 is consistent with the City of Santa Clarita
2022 Executive and Legislative Platform. Specifically, Component 1 under the "State" section
advises that the City Council, "Oppose legislation that would interfere with, limit, or eliminate
the decision -making authority of municipalities in the area of local land use."
Assembly Bill 2295 passed the Assembly Committee on Local Government (6-1-1) on April 27,
2022, and Assembly Committee on Appropriations (12-4) on May 11, 2022. Assembly Member
Tom Lackey (R-36-Palmdale) voted in opposition of the bill as a member of the Assembly
Committee on Local Government.
Assembly Bill 2295 was pending a Third Reading in the Assembly, at the time this report was
developed.
Senate Bill 866
Existing state law authorizes minors to consent to specified medical treatment without the
consent of their parent or guardian as follows:
• A minor who is 15 years of age or older, living separately from their parent, and
managing their own financial affairs including medical and/or dental care, may consent to
medical and/or dental care;
• A minor who is 12 years of age or older may consent to mental health treatment or
counseling when the mental health professional determines that the minor is mature
enough to participate and that the minor poses a danger to themselves or is the victim of
child abuse;
• Any minor may consent to medical care related to the prevention or treatment of
pregnancy, with the exception of sterilization services;
• A minor who is 12 years of age or older may consent to medical care related to the
treatment or prevention of a sexually transmitted disease; and
• A minor who is 12 years of age or older may consent to medical care and counseling
relating to the diagnosis and treatment of a drug- or alcohol -related problem.
Authored by Senator Scott Wiener (D-I I -San Francisco), Senate Bill 866 allows minors aged 12
and older to receive a vaccination that has been approved by the Food and Drug Administration
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(FDA) without the consent of their parent or guardian.
Senate Bill 866 passed the Senate (21-8-11) on May 12, 2022. Senator Scott Wilk (R-21-Santa
Clarita) voted in opposition of the bill and Senator Henry Stem (D-27-Malibu) did not record a
vote during the Senate Floor vote. Senate Bill 866 was pending a hearing with the Assembly
Committee on Judiciary, at the time this report was developed.
Senate Bill 1479
Authored by Senator Richard Pan (D-6-Sacramento), Senate Bill 1479 requires each school
district, county office of education, and charter school to create a testing plan that is consistent
with guidance from the California Department of Public Health.
Under current guidance by the Los Angeles County Department of Public Health (County
Department of Public Health), school districts in the County must have a COVID-19
Containment, Response and Control Plan (Plan) that describes each school's comprehensive
approach to preventing and containing the spread of COVID-19 on campus. The Plan includes a
testing plan consistent with guidance from the California Department of Public Health. As such,
each school within the City has adopted a plan, consistent with provisions included in this bill
and guidance by the County Department of Public Health.
Senate Bill 1479 passed the Senate (27-9-4) on May 24, 2022. Senator Scott Wilk (R-21-Santa
Clarita) voted in opposition of the bill and Senator Henry Stem (D-27-Malibu) voted in support
of the bill during the Senate Floor vote. Senate Bill 1479 was ordered to the Assembly, at the
time this report was developed.
None of the school districts within the City have taken a position on the state legislative items
included in this report.
ALTERNATIVE ACTION
Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2021-22 budget.
ATTACHMENTS
Assembly Bill 1797 - Bill Text
Assembly Bill 2142 - Bill Text
Assembly Bill 2295 - Bill Text
Senate Bill 866 - Bill Text
Senate Bill 1479 - Bill Text
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AMENDED IN ASSEMBLY MAY 2, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 1797
Introduced by Assembly Member Akilah Weber
(Principal coauthor: Senator Pan)
(Coauthors: Assembly Members Low and Wicks)
(Coauthors: Senators Newman and Wiener)
February 7, 2022
An act toted amend, repeal, and add Section 120440 of the Health
and Safety Code, relating to immunization registry.
LEGISLATIVE COUNSEL'S DIGEST
AB 1797, as amended, Akilah Weber. Immunization registry.
Existing law authorizes local health officers and the State Department
of Public health to operate immunization information systems. Existing
law, except as provided, authorizes health care providers and other
agencies, including, among others, schools, childcare facilities, family
childcare homes, and county human services agencies, to disclose
specified immunization information with local health departments and
the State Department of Public Health, and authorizes local health
departments and the department to disclose that same information to
each other and to health care providers, schools, childcare facilities,
family childcare homes, and county human services agencies, among
others, as specified. Existing law specifies the immunization, patient,
or client information that may be disclosed, which includes, among
other things, patient or client demographic information, immunization
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data, adverse reactions to the immunization, or other information needed
to identify the patient or client or to comply with other laws.
This bill would instead require health care providers and other
agencies, including schools, childcare facilities, family childcare homes,
and county human services agencies to disclose the specified
immunization information, and would add the patient's or client's race
or ethnicity to the list of information that shall or may be disclosed. By
imposing new duties on schools and county human services agencies,
the bill would impose a state -mandated local program.
Existing law requires schools, childcare facilities, family childcare
homes, and county human services agencies to maintain the
confidentiality of the specified immunization information and to only
use the information for specified purposes, including to carry out their
responsibilities regarding required immunization for attendance or
participation benefits, or both.
This biller would, until January 1, 2026, additionally authorize
schools, childcare facilities, family childcare homes, and county human
services agencies to use the specified immunization information,in tke
eon for the COVID-19 public health emergency, to perform
immunization status assessments of pupils, adults, and clients to ensure
health and safety.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 120440 of the Health and Safety Code
2 is amended to read:
3 120440. (a) For the purposes of this chapter, the following
4 definitions shall apply:
5 (1) "Health care provider" means any person licensed pursuant
6 to Division 2 (commencing with Section 500) of the Business and
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1 Professions Code or a clinic or health facility licensed pursuant to
2 Division 2 (commencing with Section 1200).
3 (2) "Schools, childcare facilities, and family childcare homes"
4 means those institutions referred to in subdivision (b) of Section
5 120335, regardless of whether they directly provide immunizations
6 to patients or clients.
7 (3) "WIC service provider" means any public or private
8 nonprofit agency contracting with the department to provide
9 services under the California Special Supplemental Food Program
10 for Women, Infants, and Children, as provided for in Article 2
11 (commencing with Section 123275) of Chapter 1 of Part 2 of
12 Division 106.
13 (4) "Health care plan" means a health care service plan as
14 defined in subdivision (f) of Section 1345, a government -funded
15 program the purpose of which is paying the costs of health care,
16 or an insurer as described in Sections 10123.5 and 10123.55 of
17 the Insurance Code, regardless of whether the plan directly provides
18 immunizations to patients or clients.
19 (5) "County human services agency" means a county welfare
20 agency administering the California Work Opportunity and
21 Responsibility to Kids (CalWORKS) program, pursuant to Chapter
22 2 (commencing with Section 11200.5) of Part 3 of Division 9 of
23 the Welfare and Institutions Code.
24 (6) "Foster care agency" means any of the county and state
25 social services agencies providing foster care services in California.
26 (7) "Tuberculosis screening" means an approved intradermal
27 tuberculin test or any other test for tuberculosis infection that is
28 recommended by the federal Centers for Disease Control and
29 Prevention and licensed by the federal Food and Drug
30 Administration.
31 (b) (1) Local health officers may operate immunization
32 information systems pursuant to their authority under Section
33 120175, in conjunction with the Immunization Branch of the State
34 Department of Public Health. Local health officers and the State
35 Department of Public Health may operate these systems in either
36 or both of the following manners:
37 (A) Separately within their individual jurisdictions.
38 (B) Jointly among more than one jurisdiction.
39 (2) This subdivision does not preclude local health officers from
40 sharing the information set forth in paragraphs (1) to (12),
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1 inclusive, of subdivision (c) with other health officers jointly
2 operating the system.
3 (c) Notwithstanding Sections 49075 and 49076 of the Education
4 Code, Chapter 5 (commencing with Section 10850) of Part 2 of
5 Division 9 of the Welfare and Institutions Code, or any other
6 provision of law, unless a refusal to permit recordsharing is made
7 pursuant to subdivision (e), health care providers, and other
8 agencies, including, but not limited to, schools, childcare facilities,
9 service providers for the California Special Supplemental Food
10 Program for Women, Infants, and Children (WIC), health care
11 plans, foster care agencies, and county human services agencies,
12 shall disclose the information set forth in paragraphs (1) to (12),
13 inclusive, from the patient's medical record, or the client's record,
14 to local health departments operating countywide or regional
15 immunization information and reminder systems and the State
16 Department of Public Health. Local health departments and the
17 State Department of Public Health may disclose the information
18 set forth in paragraphs (1) to (12), inclusive, to each other and,
19 upon a request for information pertaining to a specific person, to
20 health care providers taking care of the patient and to the Medical
21 Board of California and the Osteopathic Medical Board of
22 California. Local health departments and the State Department of
23 Public Health may disclose the information in paragraphs (1) to
24 (7), inclusive, and paragraphs (9) to (12), inclusive, to schools,
25 childcare facilities, county human services agencies, and family
26 childcare homes to which the person is being admitted or in
27 attendance, foster care agencies in assessing and providing medical
28 care for children in foster care, and WIC service providers
29 providing services to the person, health care plans arranging for
30 immunization services for the patient, and county human services
31 agencies assessing immunization histories of dependents of
32 CalWORKS participants, upon request for information pertaining
33 to a specific person. Determination of benefits based upon
34 immunization of a dependent Ca1WORKs participant shall be made
35 pursuant to Section 11265.8 of the Welfare and Institutions Code.
36 The following information shall be subject to this subdivision:
37 (1) The name of the patient or client and names of the parents
38 or guardians of the patient or client.
39 (2) Date of birth of the patient or client.
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1 (3) Types and dates of immunizations received by the patient
2 or client.
3 (4) Manufacturer and lot number for each immunization
4 received.
5 (5) Adverse reaction to immunizations received.
6 (6) Other nonmedical information necessary to establish the
7 patient's or client's unique identity and record.
8 (7) Results of tuberculosis screening.
9 (8) Current address and telephone number of the patient or client
10 and the parents or guardians of the patient or client.
11 (9) Patient's or client's gender.
12 (10) Patient's or client's place of birth.
13 (11) Patient's or client's race or ethnicity.
14 (12) Patient's or client's information needed to comply with
15 Chapter 1 (commencing with Section 120325), but excluding
16 Section 120380.
17 (d) (1) Health care providers, local health departments, and the
18 State Department of Public Health shall maintain the confidentiality
19 of information listed in subdivision (c) in the same manner as other
20 medical record information with patient identification that they
21 possess. These providers, departments, and contracting agencies
22 are subject to civil action and criminal penalties for the wrongful
23 disclosure of the information listed in subdivision (c), in accordance
24 with existing law. They shall use the information listed in
25 subdivision (c) only for the following purposes:
26 (A) To provide immunization services to the patient or client,
27 including issuing reminder notifications to patients or clients or
28 their parents or guardians when immunizations are due.
29 (B) To provide or facilitate provision of third -party payer
30 payments for immunizations.
31 (C) To compile and disseminate statistical information of
32 immunization status on groups of patients or clients or populations
33 in California, without identifying information for these patients or
34 clients included in these groups or populations.
35 (D) In the case of health care providers only, as authorized by
36 Part 2.6 (commencing with Section 56) of Division 1 of the Civil
37 Code.
38 (2) Schools, childcare facilities, family childcare homes, WIC
39 service providers, foster care agencies, county human services
40 agencies, and health care plans shall maintain the confidentiality
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of information listed in subdivision (c) in the same manner as other
client, patient, and pupil information that they possess. These
institutions and providers are subject to civil action and criminal
penalties for the wrongful disclosure of the information listed in
subdivision (c), in accordance with existing law. They shall use
the information listed in subdivision (c) only for those purposes
provided in subparagraphs (A) to (D), inclusive, of paragraph (1)
and as follows:
(A) In the case of schools, childcare facilities, family childcare
homes, and county human services agencies, to carry out their
responsibilities regarding required immunization for attendance
or participation benefits, or both, as described in Chapter 1
(commencing with Section 120325), and in Section 11265.8 of
the Welfare and Institutions Code.
(B) In the case of WIC service providers, to perform
immunization status assessments of clients and to refer those clients
found to be due or overdue for immunizations to health care
providers.
(C) In the case of health care plans, to facilitate payments to
health care providers, to assess the immunization status of their
clients, and to tabulate statistical information on the immunization
status of groups of patients, without including patient -identifying
information in these tabulations.
(D) In the case of foster care agencies, to perform immunization
status assessments of foster children and to assist those foster
children found to be due or overdue for immunization in obtaining
immunizations from health care providers.
(E) (i) In the case of schools, childcare facilities, family
childcare homes, and county human services agencies, :rent
sfa for the COVID-19 public health emergency, to perform
immunization status assessments of pupils, adults, and clients to
ensure health and safety.
(ii) In the case ofschools, this subparagraph only applies if the
school's governing board or body has adopted a policy mandating
COVID-19 immunization for school attendance and the school
limits the use of the data to verging immunization status for this
purpose.
(e) A patient or a patient's parent or guardian may refuse to
permit recordsharing. The health care provider administering
immunization and any other agency possessing any patient or client
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1 information listed in subdivision (c), if planning to provide patient
2 or client information to an immunization system, as described in
3 subdivision (b), shall inform the patient or client, or the parent or
4 guardian of the patient or client, of the following:
5 (1) The information listed in subdivision (c) shall be shared
6 with local health departments and the State Department of Public
7 Health. The health care provider or other agency shall provide the
8 name and address of the State Department of Public Health or of
9 the immunization registry with which the provider or other agency
10 will share the information.
11 (2) Any of the information shared with local health departments
12 and the State Department of Public Health shall be treated as
13 confidential medical information and shall be used only to share
14 with each other, and, upon request, with health care providers,
15 schools, childcare facilities, family childcare homes, WIC service
16 providers, county human services agencies, foster care agencies,
17 and health care plans. These providers, agencies, and institutions
18 shall, in turn, treat the shared information as confidential, and shall
19 use it only as described in subdivision (d).
20 (3) The patient or client, or parent or guardian of the patient or
21 client, has the right to examine any immunization -related
22 information or tuberculosis screening results shared pursuant to
23 this section and to correct any errors in it.
24 (4) The patient or client, or the parent or guardian of the patient
25 or client, may refuse to allow this information to be shared pursuant
26 to this section or to receive immunization reminder notifications
27 at any time, or both. After refusal, the patient's or client's physician
28 may maintain access to this information for the purposes of patient
29 care or protecting the public health. After refusal, the local health
30 department and the State Department of Public Health may
31 maintain access to this information for the purpose of protecting
32 the public health pursuant to Sections 100325, 120140, and 120175,
33 as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the
34 California Code of Regulations.
35 (f) (1) The health care provider administering the immunization
36 or tuberculosis screening and any other agency possessing any
37 patient or client information listed in subdivision (c), may inform
38 the patient or client, or the parent or guardian of the patient or
39 client, by ordinary mail, of the information in paragraphs (1) to
40 (4), inclusive, of subdivision (e). The mailing shall include a
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I reasonable means for refusal, such as a return form or contact
2 telephone number.
3 (2) The information in paragraphs (1) to (4), inclusive, of
4 subdivision (e) may also be presented to the parent or guardian of
5 the patient or client during any hospitalization of the patient or
6 client.
7 (g) If the patient or client, or parent or guardian of the patient
8 or client, refuses to allow the information to be shared, pursuant
9 to paragraph (4) of subdivision (e), the health care provider or
10 other agency may not share this information in the manner
11 described in subdivision (c), except as provided in subparagraph
12 (D) of paragraph (1) of subdivision (d).
13 (h) (1) Upon request of the patient or client, or the parent or
14 guardian of the patient or client, in writing or by other means
15 acceptable to the recipient, a local health department or the State
16 Department of Public Health that has received information about
17 a person pursuant to subdivision (c) shall do all of the following:
18 (A) Provide the name and address of other persons or agencies
19 with whom the recipient has shared the information.
20 (B) Stop sharing the information in its possession after the date
21 of the receipt of the request.
22 (2) After refusal, the patient's or client's physician may maintain
23 access to this information for the purposes of patient care or
24 protecting the public health. After refusal, the local health
25 department and the State Department of Public Health may
26 maintain access to this information for the purpose of protecting
27 the public health pursuant to Sections 100325, 120140, and 120175,
28 as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the
29 California Code of Regulations.
30 (i) Upon notification, in writing or by other means acceptable
31 to the recipient, of an error in the information, a local health
32 department or the State Department of Public Health that has
33 information about a person pursuant to subdivision (c) shall correct
34 the error. If the recipient is aware of a disagreement about whether
35 an error exists, information to that effect may be included.
36 0) (1) Any party authorized to make medical decisions for a
37 patient or client, including, but not limited to, those authorized by
38 Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section
39 6550), Chapter 2 (commencing with Section 6910) of Part 4, or
40 Chapter 1 (commencing with Section 7000) of Part 6, of Division
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1 11 of, the Family Code, Section 1530.6 of the Health and Safety
2 Code, or Sections 727 and 1755.3 of, and Article 6 (commencing
3 with Section 300) of Chapter 2 of Part 1 of Division 2 of, the
4 Welfare and Institutions Code, may permit sharing of the patient's
5 or client's record with any of the immunization information
6 systems authorized by this section.
7 (2) For a patient or client who is a dependent of a juvenile court,
8 the court or a person or agency designated by the court may permit
9 this recordsharing.
10 (3) For a patient or client receiving foster care, a person or
11 persons licensed to provide residential foster care, or having legal
12 custody, may permit this recordsharing.
13 (k) For purposes of supporting immunization information
14 systems, the State Department of Public Health shall assist the
15 Immunization Branch of the State Department of Public Health in
16 both of the following:
17 (1) Providing department records containing information about
18 publicly funded immunizations.
19 (2) Supporting efforts for the reporting of publicly funded
20 immunizations into immunization information systems by health
21 care providers and health care plans.
22 (n Subject to any other provisions of state and federal law or
23 regulation that limit the disclosure of health information and protect
24 the privacy and confidentiality of personal information, local health
25 departments and the State Department of Public Health may share
26 the information listed in subdivision (c) with a state, local health
27 departments, health care providers, immunization information
28 systems, or any representative of an entity designated by federal
29 or state law or regulation to receive this information. The State
30 Department of Public Health may enter into written agreements
31 to exchange confidential immunization information with other
32 states for the purposes of patient care, protecting the public health,
33 entrance into school, childcare and other institutions requiring
34 immunization prior to entry, and the other purposes described in
35 subdivision (d). The written agreement shall provide that the state
36 that receives confidential immunization information must maintain
37 its confidentiality and may only use it for purposes of patient care,
38 protecting the public health, entrance into school, childcare and
39 other institutions requiring immunization prior to entry, and the
40 other purposes described in subdivision (d). Information shall not
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1 be shared pursuant to this subdivision if a patient or client, or parent
2 or guardian of a patient or client, refuses to allow the sharing of
3 immunization information pursuant to subdivision (e).
4 (m) This section shall remain in effect only until January 1,
5 2026, and as of that date is repealed.
6 SEC. 2. Section 120440 is added to the Health and Safety Code,
7 to read:
8 120440. (a) For the purposes of this chapter, the following
9 definitions shall apply:
10 (1) "Health care provider" means any person licensed pursuant
11 to Division 2 (commencing with Section 500) of the Business and
12 Professions Code or a clinic or health facility licensed pursuant
13 to Division 2 (commencing with Section 1200).
14 (2) "Schools, childcare facilities, and family childcare homes "
15 means those institutions referred to in subdivision (b) of Section
16 120335, regardless of whether they directly provide immunizations
17 to patients or clients.
18 (3) "WIC service provider" means any public or private
19 nonprofit agency contracting with the department to provide
20 services under the California Special Supplemental Food Program
21 for Women, Infants, and Children, as provided for in Article 2
22 (commencing with Section 123275) of Chapter I of Part 2 of
23 Division 106.
24 (4) "Health care plan " means a health care service plan as
25 defined in subdivision ()q of Section 1345, a government funded
26 program the purpose of which is paying the costs of health care,
27 or an insurer as described in Sections 10123.5 and 10123.55 of
28 the Insurance Code, regardless of whether the plan directly
29 provides immunizations to patients or clients.
30 (5) "County human services agency" means a county welfare
31 agency administering the California Work Opportunity and
32 Responsibility to Kids (CalWORKs) program, pursuant to Chapter
33 2 (commencing with Section 11200.5) of Part 3 of Division 9 of
34 the Welfare and Institutions Code.
35 (6) "Foster care agency" means any of the county and state
36 social services agencies providing foster care services in
37 California.
38 (7) "Tuberculosis screening" means an approved intradermal
39 tuberculin test or any other test for tuberculosis infection that is
40 recommended by the federal Centers for Disease Control and
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1 Prevention and licensed by the federal Food and Drug
2 Administration.
3 (b) (1) Local health officers may operate immunization
4 information systems pursuant to their authority under Section
5 120175, in conjunction with the Immunization Branch of the State
6 Department of Public Health. Local health officers and the State
7 Department of Public Health may operate these systems in either
8 or both of the following manners:
9 (A) Separately within their individual jurisdictions.
10 (B) Jointly among more than one jurisdiction.
11 (2) This subdivision does not preclude local health officers from
12 sharing the information set forth in paragraphs (1) to (12),
13 inclusive, of subdivision (c) with other health officers jointly
14 operating the system.
15 (c) Notwithstanding Sections 49075 and 49076 of the Education
16 Code, Chapter 5 (commencing with Section 10850) of Part 2 of
17 Division 9 of the Welfare and Institutions Code, or any other
18 provision of law, unless a refusal to permit recordsharing is made
19 pursuant to subdivision (e), health care providers, and other
20 agencies, including, but not limited to, schools, childcare facilities,
21 service providers for the California Special Supplemental Food
22 Program for Women, Infants, and Children (WIC), health care
23 plans, foster care agencies, and county human services agencies,
24 shall disclose the information set forth in paragraphs (1) to (12),
25 inclusive, from the patient's medical record, or the client's record,
26 to local health departments operating countywide or regional
27 immunization information and reminder systems and the State
28 Department of Public Health. Local health departments and the
29 State Department of Public Health may disclose the information
30 set forth in paragraphs (1) to (12), inclusive, to each other and,
31 upon a request for information pertaining to a speck person, to
32 health care providers taking care of the patient and to the Medical
33 Board of California and the Osteopathic Medical Board of
34 California. Local health departments and the State Department
35 of Public Health may disclose the information in paragraphs (1)
36 to (7), inclusive, and paragraphs (9) to (12), inclusive, to schools,
37 childcare facilities, county human services agencies, and family
38 childcare homes to which the person is being admitted or in
39 attendance, foster care agencies in assessing and providing
40 medical care for children in foster care, and WIC service providers
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1 providing services to the person, health care plans arranging for
2 immunization services for the patient, and county human services
3 agencies assessing immunization histories of dependents of
4 Cal WORKS participants, upon request for information pertaining
5 to a speck person. Determination of benefits based upon
6 immunization of a dependent CalWORKs participant shall be made
7 pursuant to Section 11265.8 of the Welfare and Institutions Code.
8 The following information shall be subject to this subdivision:
9 (1) The name of the patient or client and names of the parents
10 or guardians of the patient or client.
11 (2) Date of birth of the patient or client.
12 (3) Types and dates of immunizations received by the patient
13 or client.
14 (4) Manufacturer and lot number for each immunization
15 received.
16 (5) Adverse reaction to immunizations received.
17 (6) Other nonmedical information necessary to establish the
18 patient's or client's unique identity and record.
19 (7) Results of tuberculosis screening.
20 (8) Current address and telephone number of the patient or
21 client and the parents or guardians of the patient or client.
22 (9) Patient's or client's gender
23 (10) Patient's or client's place of birth.
24 (H) Patient's or client's race or ethnicity.
25 (12) Patient's or client's information needed to comply with
26 Chapter I (commencing with Section 120325), but excluding
27 Section 120380.
28 (d) (1) Health care providers, local health departments, and
29 the State Department of Public Health shall maintain the
30 confidentiality of information listed in subdivision (c) in the same
31 manner as other medical record information with patient
32 identification that they possess. These providers, departments, and
33 contracting agencies are subject to civil action and criminal
34 penalties for the wrongful disclosure of the information listed in
35 subdivision (c), in accordance with existing law. They shall use
36 the information listed in subdivision (c) only for the following
37 purposes:
38 (A) To provide immunization services to the patient or client,
39 including issuing reminder notifications to patients or clients or
40 their parents or guardians when immunizations are due.
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1 (B) To provide or facilitate provision of third -party payer
2 payments for immunizations.
3 (C) To compile and disseminate statistical information of
4 immunization status on groups ofpatients or clients orpopulations
5 in California, without identifying information for these patients
6 or clients included in these groups or populations.
7 (D) In the case of health care providers only, as authorized by
8 Part 2.6 (commencing with Section 56) of Division I of the Civil
9 Code.
10 (2) Schools, childcare facilities, family childcare homes, WIC
11 service providers, foster care agencies, county human services
12 agencies, and health care plans shall maintain the confidentiality
13 of information listed in subdivision (c) in the same manner as other
14 client, patient, and pupil information that they possess. These
15 institutions and providers are subject to civil action and criminal
16 penalties for the wrongful disclosure of the information listed in
17 subdivision (c), in accordance with existing law. They shall use
18 the information listed in subdivision (c) only for those purposes
19 provided in subparagraphs (A) to (D), inclusive, ofparagraph (1)
20 and as follows:
21 (A) In the case of schools, childcare facilities, family childcare
22 homes, and county human services agencies, to carry out their
23 responsibilities regarding required immunization for attendance
24 or participation benefits, or both, as described in Chapter 1
25 (commencing with Section 120325), and in Section 11265.8 of the
26 Welfare and Institutions Code.
27 (B) In the case of WIC service providers, to perform
28 immunization status assessments of clients and to refer those clients
29 found to be due or overdue for immunizations to health care
30 providers.
31 (C) In the case of health care plans, to facilitate payments to
32 health care providers, to assess the immunization status of their
33 clients, and to tabulate statistical information on the immunization
34 status of groups of patients, without including patient -identifying
35 information in these tabulations.
36 (D) In the case offoster care agencies, to perform immunization
37 status assessments of foster children and to assist those foster
38 children found to be due or overdue for immunization in obtaining
39 immunizations from health care providers.
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1 (e) A patient or a patient's parent or guardian may refuse to
2 permit recordsharing. The health care provider administering
3 immunization and any other agency possessing any patient or
4 client information listed in subdivision (c), if planning to provide
5 patient or client information to an immunization system, as
6 described in subdivision (b), shall inform the patient or client, or
7 the parent or guardian of the patient or client, of the following:
8 (1) The information listed in subdivision (c) shall be shared
9 with local health departments and the State Department of Public
10 Health. The health care provider or other agency shall provide
11 the name and address of the State Department of Public Health
12 or of the immunization registry with which the provider or other
13 agency will share the information.
14 (2) Any of the information shared with local health departments
15 and the State Department of Public Health shall be treated as
16 confidential medical information and shall be used only to share
17 with each other, and, upon request, with health care providers,
18 schools, childcare facilities, family childcare homes, WIC service
19 providers, county human services agencies, foster care agencies,
20 and health care plans. These providers, agencies, and institutions
21 shall, in turn, treat the shared information as confidential, and
22 shall use it only as described in subdivision (d).
23 (3) The patient or client, or parent or guardian of the patient
24 or client, has the right to examine any immunization -related
25 information or tuberculosis screening results shared pursuant to
26 this section and to correct any errors in it.
27 (4) The patient or client, or the parent or guardian of the patient
28 or client, may refuse to allow this information to be shared
29 pursuant to this section or to receive immunization reminder
30 notifications at any time, or both. After refusal, the patient's or
31 client's physician may maintain access to this information for the
32 purposes of patient care or protecting the public health. After
33 refusal, the local health department and the State Department of
34 Public Health may maintain access to this information for the
35 purpose of protecting the public health pursuant to Sections
36 100325, 120140, and 120175, as well as Sections 2500 to 2643.20,
37 inclusive, of Title 17 of the California Code of Regulations.
38 f (1) The health careprovider administering the immunization
39 or tuberculosis screening and any other agency possessing any
40 patient or client information listed in subdivision (c), may inform
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1 the patient or client, or the parent or guardian of the patient or
2 client, by ordinary mail, of the information in paragraphs (1) to
3 (4), inclusive, of subdivision (e). The mailing shall include a
4 reasonable means for refusal, such as a return form or contact
5 telephone number
6 (2) The information in paragraphs (1) to (4), inclusive, of
7 subdivision (e) may also be presented to the parent or guardian
8 of the patient or client during any hospitalization of the patient or
9 client.
10 (g) If the patient or client, or parent or guardian of the patient
11 or client, refuses to allow the information to be shared, pursuant
12 to paragraph (4) of subdivision (e), the health care provider or
13 other agency may not share this information in the manner
14 described in subdivision (c), except as provided in subparagraph
15 (D) of paragraph (1) of subdivision (d).
16 (h) (1) Upon request of the patient or client, or the parent or
17 guardian of the patient or client, in writing or by other means
18 acceptable to the recipient, a local health department or the State
19 Department of Public Health that has received information about
20 a person pursuant to subdivision (c) shall do all of the following:
21 (A) Provide the name and address of other persons or agencies
22 with whom the recipient has shared the information.
23 (B) Stop sharing the information in its possession after the date
24 of the receipt of the request.
25 (2) After refusal, the patient's or client's physician may maintain
26 access to this information for the purposes of patient care or
27 protecting the public health. After refusal, the local health
28 department and the State Department of Public Health may
29 maintain access to this information for the purpose of protecting
30 the public health pursuant to Sections 100325, 120140, and
31 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17
32 of the California Code of Regulations.
33 (i) Upon notification, in writing or by other means acceptable
34 to the recipient, of an error in the information, a local health
35 department or the State Department of Public Health that has
36 information about a person pursuant to subdivision (c) shall
37 correct the error If the recipient is aware of a disagreement about
38 whether an error exists, information to that effect may be included.
39 6) (1) Any party authorized to make medical decisions for a
40 patient or client, including, but not limited to, those authorized by
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1 Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section
2 6550), Chapter 2 (commencing with Section 6910) of Part 4, or
3 Chapter I (commencing with Section 7000) of Part 6, of Division
4 11 of, the Family Code, Section 1530.6 of the Health and Safety
5 Code, or Sections 727 and 1755.3 of, and Article 6 (commencing
6 with Section 300) of Chapter 2 of Part I of Division 2 of, the
7 Welfare and Institutions Code, may permit sharing of the patient's
8 or client's record with any of the immunization information systems
9 authorized by this section.
10 (2) For a patient or client who is a dependent of a juvenile court,
11 the court or a person or agency designated by the court may permit
12 this recordsharing.
13 (3) For a patient or client receiving foster care, a person or
14 persons licensed to provide residential foster care, or having legal
15 custody, may permit this recordsharing.
16 (k) For purposes of supporting immunization information
17 systems, the State Department of Public Health shall assist the
18 Immunization Branch of the State Department of Public Health in
19 both of the following:
20 (1) Providing department records containing information about
21 publicly funded immunizations.
22 (2) Supporting efforts for the reporting of publicly funded
23 immunizations into immunization information systems by health
24 care providers and health care plans.
25 (l) Subject to any other provisions of state and federal law or
26 regulation that limit the disclosure of health information and
27 protect the privacy and confidentiality of personal information,
28 local health departments and the State Department of Public
29 Health may share the information listed in subdivision (c) with a
30 state, local health departments, health care providers,
31 immunization information systems, or any representative of an
32 entity designated by federal or state law or regulation to receive
33 this information. The State Department of Public Health may enter
34 into written agreements to exchange confidential immunization
35 information with other states for the purposes of patient care,
36 protecting the public health, entrance into school, childcare and
37 other institutions requiring immunization prior to entry, and the
38 otherpurposes described in subdivision (d). The written agreement
39 shall provide that the state that receives confidential immunization
40 information must maintain its confidentiality and may only use it
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1 forpurposes ofpatient care, protecting the public health, entrance
2 into school, childcare and other institutions requiring immunization
3 prior to entry, and the other purposes described in subdivision
4 (d). Information shall not be shared pursuant to this subdivision
5 if a patient or client, or parent or guardian of a patient or client,
6 refuses to allow the sharing of immunization information pursuant
7 to subdivision (e).
8 (m) This section shall become operative on January 1, 2026.
9 SEC. -2.
10 SEC. 3. If the Commission on State Mandates determines that
11 this act contains costs mandated by the state, reimbursement to
12 local agencies and school districts for those costs shall be made
13 pursuant to Part 7 (commencing with Section 17500) of Division
14 4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY APRIL 6, 2022
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 2142
Introduced by Assembly Member Gabriel
February 15, 2022
An act to add and repeal Sections 17138.2 and 24308.9 of the
Revenue and Taxation Code, relating to taxation, to take effect
immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2142, as amended, Gabriel. Income taxes: exclusion: turf
replacement water conservation program.
The Personal Income Tax Law and the Corporation Tax Law, in
conformity with federal income tax law, generally defines "gross
income" as income from whatever source derived, except as specifically
excluded, and provides various exclusions from gross income. Existing
law provides an exclusion from gross income for any amount received
as a rebate or voucher from a local water or energy agency or supplier
for the purchase or installation of a water conservation water closet,
energy efficient clothes washers, and plumbing devices, as specified.
This bill would, for taxable years beginning on or after January 1,
2022, and before January 1, 2027, under both of these laws, provide an
exclusion from gross income for any amount received as a rebate,
voucher, or other financial incentive issued by a
supplier public water system, as defined, local government, or state
agency for participation in a turf replacement water conservation
program.
Existing law requires any bill authorizing a new tax expenditure to
contain, among other things, specific goals, purposes, and objectives
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AB 2142 — 2 —
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that the tax expenditure will achieve, detailed performance indicators,
and data collection requirements.
information misdemeanor.
This bill would include additional information required for any bill
authorizing a new tax expenditure, and would require the Department
of Finance to include an analysis of these expenditures in its annual tax
expenditure report provided to the
to the litnitation on the eolleetion and ttse of that infortnation. By
expanding the seope of a erime, this bill wottid impose a stme mandate
Legislature.
The California Gonstittttion requires the state to rein-+ttrse loeal
This bill wottid provide 4tal no reintbttrsement is required by this ae
for a speeified reason.
This bill wottid provide that, if the Gonvnission on State Mandates
determines that the bill eontains eosts mandated by the state,
reimbtusetnew for those eosts shall be made pttrsttailt to the statuto
oted above.
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: ono.
The people of the State of California do enact as follows:
1 SECTION 1. Section 17138.2 is added to the Revenue and
2 Taxation Code, to read:
3 17138.2. (a) For taxable years beginning on or after January
4 1, 2022, and before January 1, 2027, gross income does not include
5 any amount received as a rebate, voucher, or other financial
6 incentive issued by a loeal wafer agettey or supplie public water
7 system, local government, or state agency for participation in a
8 turf replacement water conservation program.
9 (b) For the purposes of this section, ` public water system " shall
10 have the same meaning as in Section 116275 of the Health and
11 Safety Code.
12 (-b)
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1 (c) This section shall remain in effect only until December 1,
2 2027, and as of that date is repealed.
3 SEC. 2. Section 24308.9 is added to the Revenue and Taxation
4 Code, to read:
5 24308.9. (a) For taxable years beginning on or after January
6 1, 2022, and before January 1, 2027, gross income does not include
7 any amount received as a rebate, voucher, or other financial
8 incentive issued by a loeal water ageney or supplie public water
9 system, local government, or state agency for participation in a
10 turf replacement water conservation program.
11 (b) For the purposes of this section, ` public water system " shall
12 have the same meaning as in Section 116275 of the Health and
13 Safety Code.
14 (-b)
15 (c) This section shall remain in effect only until December 1,
16 2027, and as of that date is repealed.
17 SEC. 3. e-For the purpose of complying with Section
18 41 of the Revenue and Taxation Code, with respect to Sections
19 17138.2 and 24308.9 of the Revenue and Taxation Code, as added
20 by this act, the Legislature finds and declares all of the following:
21 (a) The speck goals, purposes, and objectives that the
22 exclusion will achieve are as follows:
23 (1) Public water system financial incentives,
24 including consumer rebates, are among the most important and
25 cost-effective tools available to local water providers to achieve
26 water use efficiency objectives, particularly for turf replacement,
27 irrigation controllers, leak detection devices, and other high -cost
28 water saving options.
29
30 water onsite, 4ms re4fteing ttrbatt flooding,
31 .
32 (2) Rebates, vouchers, or other financial incentives issued by
33 public water systems have been
34 an effective tool in advancing efficiency and water management
35 objectives statewide, and individual consumers and businesses
36 should not be taxed for providing this statewide benefit.
37 (3) Financial incentives issued by
38 steer public water systems as part of a water conservation or
39 efficiency program, the primary purpose of which is to reduce
40 consumption of water or to improve the management of water
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1 demand, provide a significant public benefit. Fittatteial itteentiv s
2
3 mattagement improvetneW program, the primary ptwpose of whie
4
5 .
6 (4) The income tax exclusions allowed by Sections 17138.2 and
7 24308.9 of the Revenue and Taxation Code, as added by this act,
8 have the objective of eliminating disincentives to participation in
9 water conservation or efficiency and storm water mtto
10 mattagem improvement programs aimed at increasing water
11 conservation or efficiency in
12 California.
13 (b) (1) To enable the Legislature to determine whether the tax
14 expenditures allowed by this act are meeting, failing to meet, or
15 exceeding the objective of the act, the Department of Finance shall
16 include an analysis of these tax expenditures in the annual report
17 required pursuant to Section 13305 of the Government Code.
18
19 .
20 (2) The disclosure provisions of this paragraph shall be treated
21 as an exception to Section 19542 under Article 2 (commencing
22 with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
23 Revenue and Taxation Code.
24 SEG. 4. No reintbtt—t—W teqttired by this aet pttrsttant to
25 Seetion 6 ofArtiele-?GHiD of the California Gottstittttiat b,.eatt e
26
28 itiffaetion, elitnittates a erime or itiftaetion, or eftanges the penftlty
29 for a erime or itiftaetion,
30 the Govertiment Gode,
31 of the Galif-omi�
32 Gonstitut o
33 SEG. �-
34 SEC. 4. This act provides for a tax levy within the meaning of
35 Article IV of the California Constitution and shall go into
36 immediate effect.
X
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8.c
AMENDED IN ASSEMBLY MAY 2, 2022
AMENDED IN ASSEMBLY APRIL 21, 2022
AMENDED IN ASSEMBLY MARCH 29, 2022
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 2295
Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Robert Rivas)
February 16, 2022
An act to add and repeal Section 65914.7-ta of the Government Code,
relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2295, as amended, Bloom. Local educational agencies: housing
development projects.
(1) Existing law, the Planning and Zoning Law, requires that the
legislative body of each county and each city adopt a comprehensive,
long-term general plan for the physical development of the county and
city, and specified land outside its boundaries, that includes, among
other mandatory elements, a housing element. Existing law authorizes
the legislative body of any county or city, pursuant to specified
procedures, to adopt ordinances that, among other things, regulate the
use of buildings, structures, and land as between industry, business,
residences, open space, and other purposes. Existing law generally
requires each local agency to comply with all applicable building
ordinances and zoning ordinances of the county or city in which the
territory of the local agency is situated, but, among other things,
authorizes the governing board of a school district that has complied
with specified law, by a Y, vote of its members, to render a city or
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county zoning ordinance inapplicable to a proposed use of property by
the school district, unless the proposed use of the property is for
nonclassroom facilities, as provided.
This bill would deem a housing development project an allowable
use on any real property owned by a local educational agency, as
defined, if the housing development satisfies certain conditions,
including other local objective zoning standards, objective subdivision
standards, and objective design review standards, as described. The bill
would deem a housing development that meets these requirements
consistent, compliant, and in conformity with local development
standards, zoning codes or maps, and the general plan. The bill, among
other things, would authorize the land used for the development of the
housing development to be jointly used or jointly occupied by the local
educational agency and any other party, subject to specified
requirements. The bill would exempt a housing development project
subject to these provisions from various requirements regarding the
disposal of surplus land. The bill would repeal its provisions on January
1, 2033.
(2) The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
(3) By adding to the duties of local planning officials, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65914.7 is added to the Government
2 Code, to read:
3 65914.7. (a) Notwithstanding any law, a housing development
4 project shall be deemed an allowable use on any real property
5 owned by a local educational agency if the housing development
6 satisfies all of the following:
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(1) The housing development consists of at least 10 housing
units.
(2) The housing development shall have a recorded deed
restriction that ensures, for a period of at least 55 years, that the
majority of the units of the housing development shall be set at an
affordable rent to lower income or moderate -income households.
However, at least 30 percent of the units shall be affordable to
lower income households.
(3) One hundred percent of the units of the housing development
shall be rented by local educational agency employees, local public
employees, and general members of the public pursuant to the
following procedures:
(A) A local educational agency shall first offer the units to the
agency's local educational agency employees.
(B) If the local educational agency receives an insufficient
number of local educational agency employees to apply for and
occupy the units, the unoccupied units may be offered to local
public employees who work for a local agency within the
jurisdiction of the local educational agency.
(C) If the local agency receives an insufficient number of local
public employees to apply for and occupy the units, the unoccupied
units may be offered to general members of the public.
(D) When units in the housing development become unoccupied
and available for rent, a local educational agency shall first offer
the units to the agency's local educational agency employees.
(4) The residential density for the housing development, as
measured on the development footprint, shall be the greater of the
following:
(A) The residential density allowed on the parcel by the city or
county, as applicable.
(B) The applicable density deemed appropriate to accommodate
housing for lower income households in that jurisdiction, as
specified in paragraph (3) of subdivision (c) of Section 65583.2.
(5) The height limit for the housing development shall be the
greater of the following:
(A) The height limit allowed on the parcel by the city or county,
as applicable.
(B) Thirty feet.
(6) The property is adjacent to a property that permits residential
uses.
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(7) (A) The housing development shall satisfy other local
objective zoning standards, objective subdivision standards, and
objective design review standards that do not preclude the housing
development from achieving the residential density permitted
pursuant to paragraph (4) or the height permitted pursuant to
paragraph (5).
(B) For purposes of this section, the terms "objective zoning
standards," "objective subdivision standards," and "objective
design review standards" mean standards that involve no personal
or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant
or proponent and the public official prior to submittal. These
standards may be embodied in alternative objective land use
specifications adopted by the city or county, as applicable, and
may include, but are not limited to, housing overlay zones, specific
plans, inclusionary zoning ordinances, and density bonus
ordinances.
(b) Notwithstanding other law, a housing development that
meets the requirements of this section shall be deemed consistent,
compliant, and in conformity with local development standards,
zoning codes or maps, and the general plan.
(c) The local educational agency shall maintain ownership of a
housing development that meets the requirements of this section
for the length of the 55-year affordability requirement described
in paragraph (2) of subdivision (a).
(d) Subject to the requirements of Article 8 (commencing with
Section 17515) and Article 9 (commencing with Section 17527)
of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education
Code, any land used for the development of a housing development
that meets the requirements of this section may be jointly used or
jointly occupied by the local educational agency and any other
party.
(e) Any land used for the development of a housing development
that meets the requirements of this section shall be exempt from
the requirements of all of the following:
(1) Article 8 (commencing with Section 54220) of Chapter 5
of Part 1 of Division 2 of Title 5.
(2) Article 2 (commencing with Section 17230) of Chapter 1
of Part 10.5 of Division 1 of Title 1 of the Education Code.
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1 (3) Article 4 (commencing with Section 17455) of Chapter 4
2 of Part 10.5 of Division 1 of Title 1 of the Education Code.
3 (f) For purposes of this section, the following definitions shall
4 apply:
5 (1) "Affordable rent" has the same meaning as in Section 50053
6 of the Health and Safety Code.
7 (2) "Development footprint" means the portion of the property
8 that is developed for the housing development, inclusive of parking
9 and roadways developed internal to the site to serve the housing
10 development, and other aboveground improvements developed to
11 serve the housing development.
12 (3) "Local agency" means a city, county, city and county, charter
13 city, charter county, charter city and county, special district, or
14 any combination thereof.
15 (4) "Local educational agency" means a school district or county
16 office of education.
17 (5) "Local educational agency employee" has the same meaning
18 as "teacher or school district employee," as defined in subdivision
19 (c) of Section 53572 of the Health and Safety Code.
20 (6) "Local public employee" has the same meaning as defined
21 in subdivision (b) of Section 53572 of the Health and Safety Code.
22 (7) "Lower income households" has the same meaning as in
23 Section 50079.5 of the Health and Safety Code.
24 (8) "Moderate -income households" has the same meaning as
25 in Section 50093 of the Health and Safety Code.
26 (9) "Real property owned by a local educational agency " means
27 real property owned by a local education agency as of January 1,
28 2023.
29 (g) This section shall remain in effect only until January], 2033,
30 and as of that date is repealed.
31 SEC. 2. The Legislature finds and declares that Section 1 of
32 this act adding Section 65914.7 to the Government Code addresses
33 a matter of statewide concern rather than a municipal affair as that
34 term is used in Section 5 of Article XI of the California
35 Constitution. Therefore, Section 1 of this act applies to all cities,
36 including charter cities.
37 SEC. 3. No reimbursement is required by this act pursuant to
38 Section 6 of Article XIIIB of the California Constitution because
39 a local agency or school district has the authority to levy service
40 charges, fees, or assessments sufficient to pay for the program or
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1 level of service mandated by this act, within the meaning of Section
2 17556 of the Government Code.
I
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8.d
AMENDED IN SENATE MARCH 9, 2022
SENATE BILL
No. 866
Introduced by Senators Wiener and Pan
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Newman)
(Coauthors: Assembly Members Aguiar-Curry, Friedman, Low, Ting,
and Akilah Weber)
January 20, 2022
An act to add Section 6931 to the Family Code, relating to minors.
LEGISLATIVE COUNSEL'S DIGEST
SB 866, as amended, Wiener. Minors: vaccine consent.
Existing law prescribes various circumstances under which a minor
may consent to their medical care and treatment without the consent of
a parent or guardian. These circumstances include, among others,
authorizing a minor 12 years of age or older who may have come into
contact with an infectious, contagious, or communicable disease to
consent to medical care related to the diagnosis or treatment of the
disease, if the disease or condition is one that is required by law or
regulation to be reported to the local health officer, or is a related
sexually transmitted disease, as may be determined by the State Public
Health Officer.
This bill would additionally authorize a minor 12 years of age or older
to consent to vaccines that meet specified federal agency criteria. The
bill would authorize a vaccine provider, as defined, to administer a
vaccine pursuant to the bill, but would not authorize the vaccine provider
to provide any service that is otherwise outside the vaccine provider's
scope of practice.
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Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. Section 6931 is added to the Family Code, to
2 read:
3 6931. (a) A minor 12 years of age or older may consent to a
4 vaccine that is approved by the United States Food and Drug
5 Administration and meets the recommendations of the Advisory
6 Committee on Immunization Practices (ACIP) of the federal
7 Centers for Disease Control and Prevention (ACIP) without the
8 consent of the parent or guardian of the minor.
9 (b) An authorized vaccine provider may administer a vaccine
10 pursuant to subdivision (a). For purposes of this section,
11 "authorized vaccine provider" means a person licensed pursuant
12 to Division 2 (commencing with Section 500) of the Business and
13 Professions Code or a clinic or health facility licensed pursuant to
14 Division 2 (commencing with Section 1200 of the Health and
15 Safety Code), or any other provider authorized by the state.
16 (c) This section does not authorize a vaccine provider to provide
17 aty a service that is otherwise outside the vaccine provider's scope
18 of practice.
I
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8.e
AMENDED IN SENATE APRIL 4, 2022
AMENDED IN SENATE MARCH 21, 2022
SENATE BILL
No. 1479
Introduced by Senator Pan
(Coauthors: Senators Newman and Wiener)
(Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber,
and Wicks)
February 18, 2022
An act to add Article 9 (commencing with Section 32096) to Chapter
1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1479, as amended, Pan. COVID-19 testing in schools: COVID-19
testing plans.
Existing law appropriates funds to the State Department of Public
Health for various programs related to the safe reopening of schools
during the COVID-19 pandemic, including funds to support COVID-19
testing in schools allocated from the federal American Rescue Plan Act
of 2021 and funds from the General Fund for the Safe Schools For All
Team to coordinate technical assistance, community engagement,
increased transparency, and enforcement by the appropriate entity for
public school health and safety during the COVID-19 pandemic.
Existing law authorizes certain school apportionments to be used for
any purpose consistent with providing in -person instruction for any
pupil participating in in -person instruction, including, but not limited
to, COVID-19 testing, as provided. Existing law prescribes public health
reporting requirements related to COVID-19 for local educational
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agencies, including the development of a COVID-19 safety plan, as
provided.
This bill would require the department to eontitme administering
coordinate specified school district, county office of education, and
charter school COVID-19 testing programs that are currently federally
ftmded, andfunded or organized under the California COVJD-19 Testing
Task Force. The bill would require the department toadmittiste provide
supportive services, including technical assistance, vendor support,
guidance, monitoring, and testing education, related to testing programs
for teachers, staff, and pupils to help schools reopen and keep schools
operating safely for in -person learning. The bill would also require the
department to expand its contagious, infectious, or communicable
disease testing and other public health mitigation efforts to include
prekindergarten, onsite after school programs, and childcare centers.
This bill would require each school district, county office of education,
and charter school to create a COVID-19 testing plan that is consistent
with guidance from the department and to designate one staff member
to report information on its COVID-19 testing program to the
department. The bill would require each school within a school district
to designate one staff member to report information on its COVID-19
testing program to the school district, and would authorize each school
within a school district to name a staff member to lead its COVID-19
testing program. The bill would require that all COVID-19 testing data
be in a format that facilitates a simple process by which parents and
local educational agencies may report data to the department. By
imposing new obligations on local educational agencies, the bill would
impose a state -mandated local program. The bill would require the
department to determine which COVID-19 tests are appropriate for the
testing program.
The bill would make the implementation of all of its provisions
contingent upon an appropriation by the Legislature.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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SB 1479
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The people of the State of California do enact as follows:
SECTION 1. Article 9 (commencing with Section 32096) is
added to Chapter 1 of Part 19 of Division 1 of Title 1 of the
Education Code, to read:
Article 9. COVID-19 Testing in Schools
32096. (a) For purposes of this section, "local educational
agency" means a school district, county office of education, or
charter-sekoak school serving pupils in kindergarten or any of
grades I to 12, inclusive.
(b) The State Department of Public Health shalleowitme
admittistering those coordinate COVID-19 testing programs in
local educational agencies
' funded by federal resources
and or organized under the California COVID-19 Testing Task
Force. -The In coordinating these COVID-19 testing programs, the
State Department of Public Health shall administe provide
supportive services related to the local educational agency testing
plans described in subdivision (e) and testing programs for
teachers, staff, and pupils pupils, and surrounding communities
that help local educational agencies reopen and keep local
educational agencies operating safely for in -person learning. These
supportive services shall include, but not be limited to, all of the
following:
(1) Technical assistance.
(2) Vendor support.
(3) Guidance.
(4) Monitoring.
(5) Testing education.
(c) The State Department of Public Health shall expand its
contagious, infectious, or communicable disease testing and other
public health mitigation efforts to include prekindergarten, onsite
after school programs, and childcare centers.
(d) If the state secures additional federal funds through the
United States Centers for Disease Control and Prevention
Epidemiology and Laboratory Capacity for Prevention and Control
of Emerging Infectious Diseases Program for the purposes of
COVID-19 testing in local educational agencies, any federal funds
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1 shall be expended before allocating state funds for the purposes
2 described in subdivisions (b) and (c).
3 (e) (1) Each local educational agency shall create a COVID-19
4 testing plan that is consistent with guidance from the State
5 Department of Public Health.
6 (2) (A) Each local educational agency shall designate one staff
7 member to report information on its COVID-19 testing program
8 to the State Department of Public Health.
9 (B) Each school within a school district shall designate one staff
10 member to report information on its COVID-19 testing program
11 to the school district.
12 (C) Each school within a school district may name a staff
13 member to lead its COVID-19 testing program.
14 (3) All COVID-19 testing data shall be in a format that facilitates
15 a simple process by which parents and local educational agencies
16 may report data to the State Department of Public Health.
17 (f) The State Department of Public Health shall determine which
18 COVID-19 tests are appropriate for use for the testing programs
19 described in this section.
20 (g) Implementation of the provisions of this section are
21 contingent upon an appropriation in the annual Budget Act or
22 another statute for this purpose.
23 SEC. 2. If the Commission on State Mandates determines that
24 this act contains costs mandated by the state, reimbursement to
25 local agencies and school districts for those costs shall be made
26 pursuant to Part 7 (commencing with Section 17500) of Division
27 4 of Title 2 of the Government Code.
X
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