Board of Directors Meeting
Wednesday December 9, 2020 9:00 A.M.
Rural County Representatives of California 1215 K Street, Suite 1650 Sacramento, California 95814
Rural County Representatives of California Board of Directors Meeting Wednesday, December 9, 2020
1215 K Street, Suite 1650 Sacramento, CA 95814
In accordance with Executive Orders N-25-20 and N-29-20, the December 9, 2020 RCRC Board of Directors meeting will be held virtually.
MEMBERS OF THE PUBLIC MAY NOT ATTEND THIS MEETING IN PERSON
The December 9, 2020 RCRC Board of Directors Meeting will be facilitated virtually through Zoom. Members of the public can watch or listen to the meeting using one of the following methods:
1. Join the Zoom meeting application on your computer, tablet or smartphone: Go to: https://rcrcnet.zoom.us/j/98571391129?from=addon Enter Password: 745008
2. Call-in and listen to the meeting: Dial +1 (669) 900-9128 Enter meeting ID: 985 7139 1129 Enter password: 745008
PUBLIC COMMENT USING ZOOM: Members of the public who join the Zoom meeting, either through the Zoom app or by calling in, will be able to provide live public comment at specific points throughout the meeting.
EMAIL PUBLIC COMMENT: One may also email public comment to [email protected] before or during the meeting. All emailed public comments will be forwarded to all RCRC Board of Directors members.
DISABLED ACCOMMODATION: If you have a disability which requires an accommodation or an alternative format to assist you in observing and commenting on this meeting, or an alternative agenda document format, please contact RCRC at (916) 447-4806 or by email at [email protected] by 10:00 a.m. Tuesday, December 8th to ensure arrangements for accommodation.
AGENDA
9:00 A.M.
1. Call to Order, Determination of Quorum and Self Introductions Chair, Supervisor Daron McDaniel, Merced County 1st Vice Chair, Supervisor Stacy Corless, Mono County 2nd Vice Chair, Supervisor Dan Miller, Nevada County Immediate Past Chair, Supervisor Matt Kingsley, Inyo County
2. Pledge of Allegiance
3. Review and Approval of September 18, 2020 Board of Directors Meeting Page 1 Minutes – ACTION (Board Members absent from the meeting will be recorded as abstained unless the Board Member indicates otherwise)
4. RCRC Chair’s Report
5. Member County Concerns and Issues
6. Public Comments At this time any member of the public may address the Board. Speakers are asked to state their name for the record but are not required to do so. Comments are usually limited to no more than 3 minutes per speaker.
7. President’s Report Greg Norton, President and CEO
8. Administrative Matters a. Discussion and possible direction regarding the recruitment for RCRC President Chair, Supervisor Daron McDaniel, Merced County 1st Vice Chair, Supervisor Stacy Corless, Mono County Greg Norton b. Election of 2021 RCRC Officers and Corporate Officers – ACTION Page 13 Greg Norton c. RCRC Rural Leadership Awards Page 15 Paul A. Smith, Senior Governmental Affairs Vice President d. Installation of Officers Reception/Ceremony Update Supplemental Paul A. Smith Packet Dorothy Poole, External Affairs Coordinator e. RCRC 2021 Proposed Budget – ACTION Page 17 Lisa McCargar, Chief Operating Officer/Chief Financial Officer Milena De Melo, Controller
9. Governmental Affairs (Discussion and possible action relative to) a. Forest Management and Wildfire Update Supplemental Staci Heaton, Senior Regulatory Affairs Advocate Packet b. Comprehensive Fire Prevention and Response Proposal Page 31 – ACTION Paul A. Smith Governmental Affairs Staff c. County Elected Officials: Top-Two Advance – ACTION Page 37 Paul A. Smith d. District Agricultural Association/Fairs Governance Page 43 Solution - ACTION Paul A. Smith e. State & Federal Legislative Update Supplemental Paul A. Smith Packet Sheryl Cohen, Partner, American Continental Group f. Proposed 2021 Policy Principles Page 47 Paul A. Smith Governmental Affairs Staff
Golden State Finance Authority Board of Directors Meeting 11:30 a.m.
10. Informational Items (Items in this section are provided as information to the Board and are non-action items a. November 2020 Election Results Page 77 Paul A. Smith Maggie Chui, Senior Governmental Affairs Coordinator/Clerk of the Board b. New Laws for 2021 – County Administration Page 95 Paul A. Smith c. Industrial Hemp Update Supplemental Leigh Kammerich, Regulatory Affairs Specialist Packet d. California Public Utilities Commission Update Supplemental Staci Heaton Packet John Kennedy, Legislative Advocate Tracy Rhine, Legislative Advocate Leigh Kammerich e. Environmental Services Joint Powers Authority Update Page 219 Staci Heaton f. Water Issues Update Page 227 Governmental Affairs Staff Arthur Wylene, General Counsel
11. Announcements a. January 13, 2021 - RCRC Board Meeting, Via Zoom b. January 13, 2021 - RCRC Installation Reception, Via Zoom c. January 14, 2021 - CSAC Executive Committee, Sacramento d. February 3-5, 2021 - CSAC Platinum Leadership Forum, TBA e. February 10, 2021 - RCRC Executive Committee, Sacramento f. February 11, 2021 - CSAC Board Meeting, Sacramento g. February 20–24, 2021 - NACo Legislative Conference, Washington D.C. h. March 10, 2021 - RCRC Board Meeting, Sacramento i. March 11, 2021 - ESJPA Board Meeting, Sacramento j. April 21, 2021 - RCRC Board Meeting, Sacramento k. April 21, 2021 - CSAC Legislative Conference, Sacramento l. April 22, 2021 - CSAC Executive Committee, Sacramento m. May 12, 2021 - RCRC Executive Committee, Sacramento n. May 25-28, 2021 - NACo WIR Conference, Mariposa County
12. Adjournment of Morning Session
Retirement Reception to Honor Greg Norton 2:00 p.m. (See attached invitation for call-in details)
Agenda items will be taken as close as possible to the schedule indicated. Any member of the general public may comment on agenda items at the time of discussion. In order to facilitate public comment, please let staff know if you would like to speak on a specific agenda item. The agenda for this special meeting of the RCRC Board of Directors of the Rural County Representatives of California was duly posted at its offices, 1215 K Street, Suite 1650, Sacramento, California, 24 hours prior to the meeting.
Any written materials related to an open session item on this agenda that are submitted to the RCRC Board of Directors less than 24 hours prior to the meeting, and that are not exempt from disclosure under the Public Records Act, will promptly be made available for public inspection on the RCRC website, https://www.rcrcnet.org/agendas-minutes.
AFTER 20 YEARS Vi R R PLEASE JOIN US AS WE HONOR GREG NORTON
AS RCRC PRESIDENT AND CEO
DEC BEGINNING AT 02:00 PM RCRC BOARD MEETING WILL BE IN PROGRESS ~ JOIN US ON ZOOM URL: HTTPS://BIT.LY/2IUAZOR 9 PASSWORD: 745008
PLEASE RSVP TO DOROTHY POOLE DPOOLE RCRCNET.ORG OR 916 447 4806
SCAN TO JOIN
Rural County Representatives of California Board of Directors Meeting Wednesday, September 16, 2020 – 9:00 a.m. 1215 K Street, Suite 1650 – Board Room Sacramento, CA 95814
In accordance with Executive Orders N-25-20 and N-29-20, the September 16, 2020 RCRC Board of Directors meeting was held virtually.
MINUTES
Call to Order, Determination of Quorum and Self Introductions Chair, Supervisor Daron McDaniel, Merced County, called the meeting to order at 9:04 a.m. A quorum was determined at that time. Those present: Supervisor County David Griffith Alpine Brian Oneto Amador Doug Teeter Butte Denise Carter Colusa Gerry Hemmingsen Del Norte Lori Parlin El Dorado John Viegas Glenn Rex Bohn Humboldt Michael Kelley Imperial Matt Kingsley Inyo Aaron Albaugh Lassen Robert Poythress Madera Kevin Cann Mariposa Carre Brown Mendocino Daron McDaniel Merced Geri Byrne Modoc Stacy Corless Mono Diane Dillon Napa Dan Miller Nevada Jim Holmes Placer Anthony Botelho San Benito Lynn Compton San Luis Obispo Les Baugh Shasta Lee Adams Sierra Bob Williams Tehama Bobbi Chadwick Trinity Kuyler Crocker Tulare Sherri Brennan Tuolumne Randy Fletcher Yuba
1 Absent Jack Garamendi Calaveras E.J. Crandell Lake Chris Lopez Monterey Kevin Goss Plumas Michael Kobseff Siskiyou Lynda Hopkins Sonoma Mat Conant Sutter Gary Sandy Yolo
Others in Attendance Supervisor Terry Woodrow, Alpine County Supervisor Miles Menetrey, Mariposa County Supervisor Lloyd Pareira, Merced County Supervisor Ted Williams, Mendocino County Supervisor Ned Coe, Modoc County Supervisors John Peters, Mono County Jeffrey Thorsby, Nevada County Cole Przybyla, Tuolumne County Crystal Crawford, Ygrene Energy Fund Susan Bonilla, California Pharmacists Association Michelle Rivas, California Pharmacists Association Sheila Johnston, California Pharmacists Association Patrick Blacklock, County Medical Services Program Kari Brownstein, County Medical Services Program Carolyn Gallagher
Staff in Attendance Greg Norton, President and CEO Lisa McCargar, Chief Operating Officer/Chief Financial Officer Craig Ferguson, Senior Vice President Paul A. Smith, Senior Vice President Governmental Affairs Barbara Hayes, Chief Economic Development Officer Mary-Ann Warmerdam, Senior Legislative Advocate John Kennedy, Legislative Advocate Tracy Rhine, Legislative Advocate Staci Heaton, Senior Regulatory Affairs Advocate Arthur Wylene, General Counsel Terrance Rodgers, Economic Development Officer Maggie Chui, Senior Governmental Affairs Coordinator/Clerk of the Board Leigh Kammerich, Regulatory Affairs Specialist Milena De Melo, Controller Dorothy Poole, External Affairs Coordinator Layne Frederickson, IT Director Elizabeth Jensen, Assistant Controller Sanjay Lee, Financial Analyst
2 Darin DuPont, Legal Intern
Pledge of Allegiance
Approval of Minutes – August 12, 2020 Chair, Supervisor Daron McDaniel, Merced County, called for approval of the minutes from the August 12, 2020 Board of Directors Meeting.
Supervisor Les Baugh, Shasta County, motioned to approve the minutes from the August 12, 2020 Board of Directors Meeting. Supervisor Rex Bohn, Humboldt County, seconded the motion. Motion passed with all Supervisors present voting “Aye,” except as follows:
Abstaining: Supervisor Jim Holmes, Placer County
Absent: Supervisor Aaron Albaugh, Lassen County; Supervisor Anthony Botelho, San Benito County
RCRC Chair’s Report Chair, Supervisor Daron McDaniel, Merced County, welcomed fellow supervisors to the RCRC Board of Directors meeting held via Zoom. Supervisor McDaniel shared that the recruitment process for the RCRC President position is underway. The RCRC Executive Committee will convene a Special Executive Committee meeting following the conclusion of today’s meeting to meet with the recruitment firm to further discuss the process.
Supervisor McDaniel also provided an update on Merced County’s coronavirus (COVID- 19) response efforts. Supervisor McDaniel spoke about the recent COVID-19 outbreak at the Foster Farms facility in Merced County, and thanked the federal government for their assistance.
Member County Concerns and Issues Supervisor Carre Brown, Mendocino County, shared her concern that the state’s emergency declarations due to widespread wildfires failed to include all counties affected. Supervisor Brown is surprised that some affected counties were not included in the emergency declarations since Mendocino County had structures destroyed and residents evacuated.
Supervisor Gerry Hemmingsen, Del Norte County, concurred with Supervisor Carre Brown’s concern regarding affected counties being left out of the state’s wildfire emergency declarations. Supervisor Hemmingsen also noted his dissatisfaction with the U.S. Forest Service’s lack of wildfire response when structures are not involved.
Supervisor Denise Carter, Colusa County, shared that the California State Association of Counties (CSAC) developed a Rural Caucus Working Group that would be meeting with the California Health and Human Services Secretary Dr. Mark Ghaly and others on a
3 weekly basis. Supervisor Carter asked fellow supervisors to send their items of interest for the Working Group to her. Supervisor Carter inquired if any counties are still bargaining with their In-Home Supportive Services (IHSS) workers. Supervisor Carter shared that negotiations have been difficult since the Service Employees International Union began representing IHSS workers.
Supervisor Geri Byrne, Modoc County, asked if fellow supervisors have insight about the statewide forest closures and how that would affect hunting season. In response to Supervisor Byrne’s question, Supervisor Stacy Corless, Mono County, Supervisor John Peters, Mono County, Supervisor David Griffith, Alpine County, Supervisor Rex Bohn, Humboldt County, and Supervisor Gerry Hemmingsen, Del Norte County, provided their perspectives. Supervisor Bohn shared that he has sent a request to the California Department of Fish and Wildlife to extend the hunting season by one week at the end of the season.
Supervisor Rex Bohn, Humboldt County, conveyed his concern regarding the American Red Cross’ wildfire-related assistance. In response to Supervisor Bohn’s concern, Supervisor Diane Dillon, Napa County, shared that Napa County in 2015 decided not to use the American Red Cross as the primary responder for emergency and disaster assistance.
Supervisor Jeremy Brown, Trinity County, shared his concern about an inaccurate 2020 Census count as there has only been a 30 percent response rate. While there has been discussion that the deadline of October 5th may be pushed back, it is not likely.
Supervisor David Griffith, Alpine County, echoed Supervisor Jeremy Brown’s concern regarding an inaccurate 2020 Census count, and shared his continued concern that COVID-19 impacts the 2020 Census count due to resort closures and individuals relocating to other areas.
Supervisor Les Baugh, Shasta County, shared that he was informed that local grocery stores in Shasta County received notifications from the Occupational Safety and Health Administration to make COVID-19 requirement standards permanent. Supervisor Baugh asked the validity of these notifications.
Public Comments None
President's Report Greg Norton, President and CEO, notified the supervisors that there will be a Golden State Natural Resources update during the Golden State Finance Authority Board of Directors meeting later today.
4 Mr. Norton shared his regret that the 2020 RCRC Annual Meeting was cancelled as a result of the COVID-19 pandemic. Absent COVID-19, the 2020 RCRC Annual Meeting would have been held in Napa County this week.
RCRC President Recruitment Update Chair, Supervisor Daron McDaniel (Merced), and 1st Vice Chair, Supervisor Stacy Corless (Mono), provided an update regarding the recruitment for RCRC President. At their September 2nd RCRC Special Executive Committee meeting, Russell Reynolds Associates was selected as the executive search firm to conduct the recruitment. The RCRC Executive Committee will provide updates to the RCRC Board of Directors at future meetings as the recruitment progresses. Adoption of the 2021 RCRC Meeting Schedule Paul A. Smith, Senior Vice President Governmental Affairs, presented the 2021 RCRC meeting schedule. While the Annual Installation Reception is slated to take place in mid- January 2021, it may be cancelled due to COVID-19. In June 2021, the RCRC Board of Directors is scheduled to travel to Mono County, the 2021 County of the Chair, for a three- day meeting. In September 2021, the RCRC Annual Meeting will be held for the first time in Monterey County. Mr. Smith noted that since the RCRC Board of Directors were unable to attend the 2020 County of the Chair meeting in Merced County due to COVID-19 public health restrictions, RCRC staff hopes to organize a RCRC Board of Directors meeting to take place in Merced County in 2021. Depending on COVID-19 public health restrictions, dates are subject to change. Staff Recommendation RCRC staff recommended that the RCRC Board of Directors approve the 2021 RCRC Meeting schedule as proposed.
Supervisor Gerry Hemmingsen, Del Norte County, motioned to approve the adoption of the 2021 RCRC meeting schedule. Supervisor Denise Carter, Colusa County, seconded the motion. Motion passed with all Supervisors present voting “Aye.” Supervisor Kevin Cann, Mariposa County, absent.
Recognition of the Rural County Photo Contest Winner Recipient Supervisor Lori Parlin, El Dorado County, congratulated Jason Brand of El Dorado County for his winning submission of the RCRC’s 4th Annual Rural County Photo Contest. Unfortunately, Mr. Brand was unable to attend this meeting. Mr. Brand’s winning photo of Mack Lake in Inyo County may be used in various marketing materials or work products throughout the next year.
Financial Update Milena De Melo, Controller, provided a brief financial update on RCRC’s current financial status. Despite the economic downturn as a result of COVID-19 on top of a waiver of member county dues for the period from July 1, 2020 to June 30, 2021, RCRC continues to be in good financial standing. Greg Norton concurred that RCRC continues to be in a good financial position.
5 Upcoming November 2020 Ballot Measures Update Paul A. Smith provided an update on the statewide ballot measures that are slated for the November 2020 General Election ballot. Following the conclusion of today’s meeting, the RCRC Board of Directors will have considered nine of the 12 statewide ballot measures that would impact rural counties.
Proposition 22 – Protect App-Based Drivers and Services Act Paul A. Smith presented Proposition 22, the Protect App-Based Drivers and Services Act, and indicated this measure would enact labor and wage policies that are specific to app- based transportation and delivery drivers. Mr. Smith explained that Proposition 22 would override the enactment of Assembly Bill 5 (Gonzalez, 2019), which was designed to determine a worker’s status as an independent contractor or an employee or agent. RCRC did not offer any formal position on AB 5 when it was being considered during the legislative process. Proposition 22 will appear on the November 2020 General Election ballot.
Staff Recommendation RCRC staff recommended the RCRC Board of Directors adopt a “No Position” position on Proposition 22.
Supervisor Randy Fletcher, Yuba County, motioned to approve a “No Position” position on Proposition 22. Supervisor Brian Oneto, Amador County, seconded the motion. Motion passed by the following roll call vote taken:
“Aye”: Supervisor David Griffith, Alpine County; Supervisor Brian Oneto, Amador County; Supervisor Doug Teeter, Butte County; Supervisor Denise Carter, Colusa County; Supervisor Lori Parlin, El Dorado County; Supervisor John Viegas, Glenn County; Supervisor Rex Bohn, Humboldt County; Supervisor Michael Kelley, Imperial County; Supervisor Matt Kingsley, Inyo County; Supervisor Aaron Albaugh, Lassen County; Supervisor Robert Poythress, Madera County; Supervisor Carre Brown, Mendocino County; Supervisor Daron McDaniel, Merced County; Supervisor Geri Byrne, Modoc County; Supervisor Stacy Corless, Mono County; Supervisor Diane Dillon, Napa County; Supervisor Dan Miller, Nevada County; Supervisor Jim Holmes, Placer County; Supervisor Anthony Botelho, San Benito County; Supervisor Lynn Compton, San Luis Obispo County; Supervisor Les Baugh, Shasta County; Supervisor Lee Adams, Sierra County; Supervisor Jeremy Brown, Trinity County; Supervisor Kuyler Crocker, Tulare County; Supervisor Sherri Brennan, Tuolumne County; Supervisor Randy Fletcher, Yuba County
“No”: None
Abstaining: Supervisor Gerry Hemmingsen, Del Norte County
6 Absent: Supervisor Kevin Cann, Mariposa County; Supervisor Bob Williams, Tehama County
Ad Hoc Advisory Committee on Homeowner’s Insurance The Ad Hoc Advisory Committee on Homeowner’s Insurance Committee (Committee) Chair Sherri Brennan (Tuolumne County), Staci Heaton, Senior Regulatory Affairs Advocate, and Paul A. Smith, provided a report of findings from the Committee. The Committee requested that the RCRC Board of Directors adopt and approve the following recommendations:
1) Instruct RCRC staff to remain engaged with the Legislature, the Department of Insurance and the insurance industry on potential legislation or administrative proposals to appropriately represent the impacts of insurance nonrenewals on rural homeowners and communities in the wake of the failure to pass Assembly Bill 2167 (Daly) and Senate Bill 292 (Rubio) in their pre-amended forms. 2) Communicate the following list of wildfire mitigation actions to member counties for their consideration: Adopt local ordinances that reinforce and strengthen existing state defensible space mandates. Reinforce the new fire-resistant standards adopted by the state for new building construction. Work in concert with local fire prevention agencies such as Fire Safe Councils and Resource Conservation Districts to establish financial assistance programs for low income, elderly and disabled residents that cannot feasibly maintain their own defensible space or afford home hardening upgrades. Encourage community-wide fire mitigation activities along with individual homeowner efforts, such as shaded fuel breaks, and work with local fire prevention agencies to leverage state and federal grant funding to complete projects. 3) Instruct RCRC’s advocacy team to pursue the following state legislative priorities: Support a statewide, permanent funding mechanism for land use planning, home hardening and defensible space efforts for wildfire prevention. Support legislative proposals that will facilitate insurer market penetration into high fire hazard severity zones that also ensure insurance affordability. Support modifications to current insurance reimbursement practices that make it easier for homeowners to recover losses after a catastrophic fire event. Support legislative proposals that include feasible, implementable standards to strengthen defensible space, home hardening and local land use planning requirements for wildfire mitigation.
Other members of the Committee were asked to speak, including Supervisor Brian Oneto, Amador County, and Supervisor Lori Parlin, El Dorado County, who voiced their frustration with the state’s disregard in addressing the availability and affordability of homeowner’s insurance coverage in high wildfire risk areas. The RCRC Board of
7 Directors engaged in a long discussion regarding the Committee’s recommendations and next steps.
In addition to the Committee’s recommendations as outlined above and contained in the Main Packet, Supervisor Brennan requested RCRC staff to incorporate the listing of Firewise USA as a resource to help homeowners access wildfire-related information, as well as the inclusion of RCRC staff to continue coordinated communication with RCRC Member Counties, stakeholders, and policymakers.
Committee Recommendations The RCRC Ad Hoc Advisory Committee on Homeowner’s Insurance requested that the RCRC Board of Directors adopt and approve the outlined recommendations, as revised.
Supervisor Dan Miller, Nevada County, motioned to approve the Committee’s above-mentioned recommendations, as revised. Supervisor Randy Fletcher, Yuba County, seconded the motion. Motion passed by the following roll call vote taken:
“Aye”: Supervisor David Griffith, Alpine County; Supervisor Brian Oneto, Amador County; Supervisor Doug Teeter, Butte County; Supervisor Denise Carter, Colusa County; Supervisor Gerry Hemmingsen, Del Norte County; Supervisor Lori Parlin, El Dorado County; Supervisor John Viegas, Glenn County; Supervisor Rex Bohn, Humboldt County; Supervisor Michael Kelley, Imperial County; Supervisor Matt Kingsley, Inyo County; Supervisor Aaron Albaugh, Lassen County; Supervisor Kevin Cann, Mariposa County; Supervisor Carre Brown, Mendocino County; Supervisor Daron McDaniel, Merced County; Supervisor Geri Byrne, Modoc County; Supervisor Stacy Corless, Mono County; Supervisor Diane Dillon, Napa County; Supervisor Dan Miller, Nevada County; Supervisor Jim Holmes, Placer County; Supervisor Anthony Botelho, San Benito County; Supervisor Les Baugh, Shasta County; Supervisor Lee Adams, Sierra County; Supervisor Jeremy Brown, Trinity County; Supervisor Kuyler Crocker, Tulare County; Supervisor Sherri Brennan, Tuolumne County; Supervisor Randy Fletcher, Yuba County
“No”: None
Abstaining: None
Absent: Supervisor Robert Poythress, Madera County; Supervisor Lynn Compton, San Luis Obispo County; Supervisor Bob Williams, Tehama County
8 Guest Speaker – California Pharmacists Association Susan Bonilla, President, California Pharmacists Association (CPhA), Michelle Rivas, Executive Vice President, Government Relations & Corporate Affairs, CPhA, and Sheila Johnston, Senior Vice President, Business Operations, CPhA, provided an overview of rural communities’ primary care services provided by pharmacists. Ms. Bonilla, Ms. Rivas, and Ms. Johnston, also discussed the CPhA-sponsored legislation, Assembly Bill 2100 (Wood), which would promote the ability of pharmacists to vaccinate. Based on the RCRC Board of the Directors’ interest in CPhA’s presentation, RCRC staff will distribute copies of the presentation, including the social graphics.
Guest Speaker – County Medical Services Program Patrick Blacklock, County Administrator, Yolo County, County Medical Services Program (CMSP) Member, and Kari Brownstein, Administrative Officer, CMSP, provided a presentation on current health related program offerings for CMSP member counties. Based on the RCRC Board of the Directors’ interest in CMSP’s presentation, RCRC staff will distribute copies of the presentation.
Update on 2020 RCRC Sponsored Legislation Paul A. Smith provided an update on the proposals RCRC sponsored/co-sponsored during the 2020 Legislative Session. Mr. Smith provided an update on Assembly Bill 2459 (Bigelow), which provides Mariposa and Napa Counties additional alcoholic beverage licenses. AB 2459 has been signed into law by the Governor.
Other RCRC sponsored/co-sponsored legislation - Assembly Bill 2612 (Maienschein) regarding solid and organic waste recycling, Assembly Bill 1936 (Rodriguez) regarding Public Safety Power Shutoff (PSPS) price gouging protections, Senate Bill 1191 (Dahle) regarding local flexibility for organic waste management, and Assembly Bill 2539 (Bigelow) regarding PSPS impacts on election - failed to move. RCRC staff will present new proposals for the 2021 Legislative Session at a future RCRC Board of Directors meeting.
Forest Management and Wildfire Update Staci Heaton provided an update on efforts in the Legislature and various state and federal agencies to address California’s persistent and catastrophic wildfire events.
At the state level, Ms. Heaton explained that RCRC-supported Assembly Bill 3074 (Friedman) and Assembly Bill 3164 (Friedman) which would establish a 5-foot ember- resistant zone around homes in the wildland-urban interface and develop a risk model for use by local governments awaits the Governor’s consideration. Additionally, Assembly Bill 3012 (Wood) which provides nonrenewed homeowners with additional assistance finding coverage and eases itemization requirements for homeowners that have suffered total losses during an emergency also await the Governor’s consideration. Unfortunately, the RCRC-supported Assembly Bill 1659 (Bloom), a large-scale funding bill for forest management, wildfire prevention, and emergency response bill, failed to reach the Governor’s desk.
9 As it relates to the 2020-21 State Budget Package, Ms. Heaton noted that the revised State Budget Package did not include an expenditure plan for the Assembly Bill 32 Cap- and-Trade Auction proceeds.
At the federal level, Ms. Heaton discussed the RCRC-supported S. 4431, the Emergency Wildfire and Public Safety Act, by Senator Dianne Feinstein.
The RCRC Board of Directors engaged in a lengthy discussion regarding their concerns and frustration, particularly that no forest management funding from the state has been allocated for the 2020-21 budget year at this time.
Water Issues Update Mary-Ann Warmerdam provided an update on issues involving California water policy. At the state level, Ms. Warmerdam explained that the development of Voluntary Agreements continues to be at a standstill. Ms. Warmerdam highlighted the reinstatement of RCRC and CSAC’s Sustainable Groundwater Management Act (SGMA) Working Group. This week, the SGMA Working Group will be hosting a webinar. Additionally, the Department of Water Resources’ recent filing of a validation action with the Sacramento County Superior Court regarding financing of the proposed Delta Conveyance Project is now open for comment. Ms. Warmerdam encouraged supervisors to review the memo contained in the Main Packet for information regarding other water-related updates.
California Public Utilities Commission Update John Kennedy, Legislative Advocate, and Leigh Kammerich, Regulatory Affairs Specialist, provided an update on the progress of several California Public Utilities Commission (CPUC) proceedings, including how utilities undertake wildfire hazard mitigation and de-energization of power lines to prevent high-severity wildfires, the Self- Generation Incentive Program (SGIP), Emergency Disaster Relief Program, Microgrids and Resiliency, and the California Advanced Service Fund.
State & Federal Legislative Update Paul A. Smith provided an update on issues being addressed at the state and federal level. At the federal level, RCRC staff continues to engage on another round of federal COVID-19 relief package, which would likely occur after the November General Election. RCRC staff continues to advocate for support of direct, increased aid to states and counties, as well as provide maximum flexibility to utilize federal assistance dollars. In addition, Mr. Smith discussed the reauthorization of the surface transportation bill.
Mr. Smith also called attention to Congress’s task to enact a continuing resolution (CR) to fund the government past September 30th. The CR is expected to last through mid- December. A CR into December would allow Congress to return for a lame-duck session following the November General Election to complete a spending legislation for the FY 2021. The passage of a CR would maintain the status quo on the Payment in Lieu of Taxes program payments to counties.
10 At the state level, the 2020 Legislative Session came to an end upon adjournment on August 31st. The Legislature is slated to convene in early December to commence the 2021 Legislative Session, unless a Special Session is called to convene. Mr. Smith encouraged supervisors to review George Skelton’s article as contained in the Supplemental Packet.
Mr. Smith reported on the following: Assembly Bill 6 (Reyes), which would have authorized the Attorney General to enter into a settlement agreement with opioid manufacturers on the state’s behalf. Many counties, along with RCRC and a large coalition of stakeholders, strongly opposed the bill. AB 6 failed passage. Senate Bill 1159 (Hill), which would provide enhanced workers’ compensation benefits to persons who are not classified as public safety personnel in light of COVID-19. RCRC and a large coalition of stakeholders expressed strong concerns. SB 1159 awaits the consideration of the Governor. Assembly Bill 2168 (McCarty), which would have required the installation of electric vehicle charging stations to be deemed complete within five business days by a building official in local jurisdictions. RCRC and a coalition of stakeholders opposed the bill. While AB 2168 failed passage, Mr. Smith encouraged RCRC Member Counties to adopt ordinances if they have not already done so. A similar bill is expected to return in the 2021 Legislative Session. As it relates to the 2020-21 State Budget Package, Mr. Smith called attention to Senate Bill 823 (Senate Budget & Fiscal Review Committee), which closes the Division of Juvenile Justice’s facilities and realign the juvenile justice population responsibility to county governments. SB 823 is expected to be signed into law by the Governor. Mr. Smith encouraged supervisors to review RCRC’s revised 2020- 21 State Budget Package document as referenced in the Main Packet.
Tracy Rhine Assembly Bill 2421 (Quirk), which would streamline local permitting process for siting back-up power generators on macro cellular tower sites through January 1, 2024. The RCRC-supported bill awaits the consideration of the Governor. Senate Bill 182 (Jackson), which would establish wildfire reduction standards and planning requirements for new housing developments in fire prone areas of the state. The RCRC-supported bill awaits the consideration of the Governor.
John Kennedy Assembly Bill 1080 (Gonzalez), which would have required the state to reduce the waste associated with single use packaging and products to 75 percent by 2030. Unfortunately, the RCRC-supported bill failed passage. Assembly Bill 995 (Garcia), which would create a new governance structure for the Department of Toxic Substances Control (DTSC) and increases a wide variety of fees on local governments to partially offset DTSC’s fiscal imbalance. RCRC staff has expressed concerns with the fee on local governments provisions. AB 995 awaits the consideration of the Governor.
11 Adjournment Chair, Supervisor Daron McDaniel, Merced County, adjourned the RCRC Board of Directors Meeting at 2:09 p.m.
12
Administrative Matters
To: Members of the RCRC Board of Directors From: Greg Norton, President and CEO Date: December 1, 2020 Re: Election of 2021 RCRC Officers and Corporate Officers – ACTION
Summary In December of each year, the RCRC Officers for the subsequent year are to be elected. The Officer election procedures are identified in Section 6.6 of the RCRC Bylaws. The Bylaws generally provide for the following:
The RCRC Board shall consider the ascension of the current First Vice Chair, Supervisor Stacy Corless from Mono County, to Chair and the Second Vice Chair, Supervisor Dan Miller from Nevada County, to First Vice Chair “subject to the consideration of additional nominations from the floor” and election by the Board.
The RCRC Current Chair, Supervisor Daron McDaniel from Merced County, shall automatically become the RCRC Immediate Past Chair.
The RCRC Chair, First Vice Chair, and Second Vice Chair may come from any region, and shall join the Immediate Past Chair as Officers of the RCRC Board of Directors.
All new RCRC Officers shall succeed to their respective positions effective January 1st of the next calendar year.
Supervisor Doug Teeter from Butte County has stated his interest in the 2nd Vice Chair Officer position. Nominations from the floor may be made for this position as well.
Candidates for each position should be provided the opportunity to make comments regarding their interest and qualifications for the position.
The RCRC Officers will be sworn in at the RCRC Board of Directors meeting which is scheduled for Wednesday, January 13, 2021.
Officer ballots will be made available at the December RCRC Board of Directors meeting.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 13 RCRC Corporate Officers The RCRC Bylaws state that the Officers of the corporation shall be the President, Secretary, Treasurer and other such Officers as the President may appoint as necessary and who shall serve at the pleasure of the President. As President, I appoint Lisa McCargar, RCRC Chief Operating Officer/Chief Financial Officer, to serve as RCRC Treasurer, and Craig Ferguson, RCRC Senior Vice President, to serve as RCRC Secretary.
Staff Recommendations It is recommended the RCRC Board of Directors take action to: 1. Elect the 2021 RCRC Board Officers. 2. Confirm the RCRC Corporate Officers as noted above.
14 To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Date: December 1, 2020 Re: RCRC Rural Leadership Awards
Summary This memo addresses the selection of two recipients to receive RCRC’s Rural Leadership Award (formerly known as the “Patti Mattingly Award").
Background The Rural Leadership Award is given annually to policymakers who have demonstrated an understanding and leadership in issues affecting California’s rural communities. Recipients of this award also display courage, commitment, and the ability to promote constructive solutions to rural issues.
Recent Rural Leadership Awards Recipients: Year Name Name 2019 Assembly Member Jay Obernolte Senator Hannah-Beth Jackson 2018 Assembly Member Brian Dahle Assembly Member Jim Wood 2017 Senator John Moorlach Assembly Member Anna Caballero
Prior to 2008, the RCRC Board of Directors participated in a nomination process whereby RCRC Delegates submitted their nominations to the RCRC Executive Committee for consideration. Since then, the RCRC Executive Committee has been charged with selecting the recipients as recommended by RCRC staff.
Issue The Rural Leadership Award will be presented to the recipients at the scheduled virtual reception on the evening of Wednesday, January 13, 2020.
Following a discussion at the November 18th RCRC Executive Committee, Assembly Member Laura Friedman (D-Glendale) and Representative Paul Cook (R-Yucca Valley) were selected to receive RCRC’s Rural Leadership Awards.
Staff Recommendation Information only.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG
15 16 To: Members of the RCRC Board of Directors From: Lisa McCargar, Chief Operating Officer/Chief Financial Officer Milena De Melo, Controller
Date: December 1, 2020 Re: RCRC 2021 Proposed Budget - ACTION
Attached is the proposed 2021 Rural County Representatives of California (“RCRC”) Operating Budget. The highlights below demonstrate our continued commitment to our core mission in support of our member counties.
2021 Proposed RCRC Budget Summary
The 2021 proposed RCRC Operating Budget (Attachment 1) results in net favorable revenues over expenditures in the amount of $789,325. This proposed result is comprised of total revenues of $11,294,500 and expenditures of $10,505,175.
The proposed 2021 budget represents a year of RCRC’s ongoing efforts to represent and serve member counties. It is widely understood that 2020 was an unprecedented year due to the Covid-19 pandemic. As such, some of the traditional expected revenues and expenditures are modified to account for ongoing potential implications from the global pandemic. The following sections describe in more detail the highlights of the attached proposed 2021 Budget, and the “Key Differences Between 2021 and 2020” section describes the significant changes from 2020.
2021 Proposed RCRC Revenue Highlights
RCRC’s revenues are primarily derived from affiliated entities contract service fees, contract performance fees from Golden State Finance Authority (“GSFA”), excess revenues from National Homebuyers Fund (“NHF”), and earnings and interest from the organization’s investments. Other traditional sources of revenue include member dues, annual meeting sponsorships & registration fees although such revenues are anticipated to be less than in prior years as some activities remain uncertain in light of the pandemic. The proposed 2021 RCRC Operating Revenue Budget totals $11,294,500.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 17 Specific revenue items include:
Contract Support Service Revenue – which is received in consideration for management, operations, administrative staffing, and support services provided to the contracted entities. The proposed contract amounts total $7,662,000.
Performance Fee – RCRC’s agreement with GSFA includes a Performance Fee calculation based on net housing and energy program resources generated. The projected Performance Fee for 2021 is $2,215,000.
Excess Revenue from NHF – NHF’s Bylaws require that any “excess revenues” not needed for NHF operations be transferred to RCRC. The proposed excess NHF revenues for transfer in 2021 are $1,000,000, pending approval by the NHF Board. Payments to RCRC shall be made in equal quarterly amounts of $250,000 during 2021.
Member County Dues – Member county dues are budgeted at $142,500. In June 2020, the Board approved a revision that allowed for forgiveness of one full year of member county dues to assist counties with the financial impact from the Covid-19 pandemic. Dues are billed annually to member counties for the period from July 1 through June 30 each year, therefore the carryover impact for the 2021 calendar year includes a reduction in revenues of $142,500, or six months of member county dues.
Annual Meeting and Sponsorship Revenue – We have budgeted $145,000 in revenues from annual meeting. The Covid-19 pandemic presented significant operational challenges and resulted in RCRC cancelling its 2020 annual meeting. While our budget reflets a planned in-person annual meeting, with continued challenges of the Covid-19 pandemic our ability to obtain sponsorships and meet attendance levels of previous meetings is uncertain.
Additional budgeted operating revenues include $100,000 in interest and dividend income from our investments
2021 Proposed Expenditure Highlights
The proposed 2021 RCRC Expenditure Budget totals $10,505,175. In addition to providing the core services of legislative and regulatory representation, the proposed 2021 expenditure budget includes continuing contract support services for affiliated entity planned and proposed programs and activities.
Following is a summary of the primary proposed expenditures:
Payroll – The total payroll proposed in the 2021 budget is $5,346,333 which includes a budget of 32 full time equivalent employees.
Payroll tax and benefits – The total proposed 2021 payroll tax and benefits expense is $1,354,013. The proposed amount includes expected normal cost contributions of $565,831 to CalPERS pension on behalf of active employees, $25,000 required
18 contribution to CalPERS to reduce RCRC’s unfunded liability, Payroll taxes of $187,182, and $576,000 benefit allowance to employees for coverage of their health, dental and vision benefits.
Consultants – For 2021, RCRC expects to incur $647,000 for consultants. RCRC primarily utilizes consultants for governmental affairs, information technology and lobbying support.
Computer Hardware and Maintenance/Support – The budget includes $148,500 for Computer Hardware and $214,850 for Computer Maintenance and Support. These budgeted expenditures reflect RCRC’s efforts to enhance and upgrade our IT infrastructure and environment.
Disaster/Other Assistance – Total 2021 budget for disaster relief and other county assistance of $500,000 demonstrates RCRC’s commitment to member county give- back programs.
In addition to regular operating expenditures, significant items included in the proposed RCRC Operating Budget include:
o Rent - $398,000 o OPEB Benefits - $200,000 o Legal Services - $90,000 o Staff Travel - $139,800 o Board Member Travel and Reimbursements - $100,000 o Sponsorships - $195,000 o Conference - Annual Meeting - $225,000
Key Differences between the 2021 and 2020 Budgets
The proposed RCRC 2021 Revenue Budget of $11,294,500 is up $536,000 (5.0%) from the approved 2020 Revised Budget. The proposed RCRC 2021 Expenditure Budget is $10,505,175, a $1,263,292 (13.7%) increase from RCRC’s approved 2020 Revised Budget.
Following is a summary of the key differences between the proposed 2021 and approved 2020 budgets:
Contract Support Service Revenue – An increase of $95,000 (1.3%) representing proposed increased services and operations support to affiliated entities.
Contract Performance Fee Revenue – An increase of $586,000 (36.0%) resulting from growth of existing programs of an affiliated entity. Per the contract agreement, RCRC earns a results-based performance fee if certain thresholds are met.
Interest Income – A decrease of $80,000 (44.4%) based on projected low interest rates and current investment balances.
19 Computer Maintenance and Support and Computer Hardware – A net increase of $109,850 (43.3%). The increase is primarily driven by a significant infrastructure renewal expiring in 2021 in addition to updates to our overall IT environment.
Consultants – An increase of $69,250 (12.0%) based on increased activity related to IT environment upgrades.
Legal Services – Legal services are budgeted to remain flat in 2021.
Office Expense – A decrease of $50,000 (28.6%), a reflection of new work environments as we continue to work and operate from home.
Payroll, Payroll Taxes and Benefits – An increase of $603,893 (9.9%) resulting from two additional FTE’s added to the existing payroll. The additional staff are in support of expanding efforts on behalf of member counties, including an additional legislative advocate and executive assistant for the President/CEO.
OPEB Benefits Expense – An increase of $134,650 (206%) based on the actuarial valuation report and represents the OPEB expense for current and future retirees.
Rent – An increase of $70,000 (21.3%) based on a revised allocation of expense to RCRC.
Disaster/Other Assistance – An increase of $500,000 (100.0%) representing possible give-backs to communities in line with the organization’s core mission.
Travel – A decrease of $35,000 (20.0%) as we continue to reevaluate our travel needs in the Covid-19 pandemic environment.
Budgeted Net Revenue
The proposed budget for 2021 will result in net revenues over expenditures of $789,325. The budget also includes noncash items, depreciation of $125,000, OPEB change in valuation liability of $150,000 and unrealized gains of $20,000. Therefore, the proposed 2020 budget is projected to generate net cash resources of $1,044,325.
Other Budget Matters
Following are additional matters addressed in the proposed 2021 budget.
The calculation method for Member County dues was reestablished by the Board in June 2012. Staff recommends the same formula be utilized for 2021 Member dues with amounts updated based on Member County population. Additionally, the calculation reflects the impact of dues forgiveness as approved by the Board during June 2020 Board of Directors meeting. The 2021 Member Dues list is included as Attachment 2.
20 Annually, RCRC is required to approve a pay rate schedule for all positions that participate in CalPERS. The proposed schedule for 2021 is included as Attachment 3.
Staff Recommendations
Due to lack of quorum at the November 18, 2020 Executive Committee meeting, the RCRC Executive Committee could not take action on the RCRC 2021 Proposed Budget. The remaining members present (Supervisor McDaniel, Supervisor Corless, Supervisor Carter, and Supervisor Miller) concurred that RCRC staff should proceed to present the RCRC 2021 Proposed Budget at the December 9th RCRC Board of Directors meeting without a formal recommendation from the Executive Committee. Therefore, staff recommends that the RCRC Board of Directors approve the following staff recommendations:
1. Approve the attached proposed 2021 RCRC Operating Budget.
2. Approve the RCRC contract service fees at the following amounts: GSFA - $5,508,000; ESJPA - $96,000; and NHF - $2,058,000.
3. Approve the RCRC Contract Performance Fee from GSFA based on projected GSFA housing and energy program net revenues generated in 2021 in the amount of $2,215,000.
4. Approve receipt of excess revenues transferred from NHF, per the NHF Bylaws, in the amount of $1,000,000, to be transferred in equal quarterly amounts of $250,000 during 2021.
5. Approve the 2021 member county dues calculation at the levels approved by the Board on June 13, 2012. (Attachment 2)
6. Approve the attached proposed 2021 pay rate schedule. (Attachment 3)
Attachments 2021 RCRC Operating Budget 2021 Member Dues Proposed 2021 Payrate Schedule
21 22 Attachment 1
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA FY 2021 BUDGET For the Year Ended December 31, 2021
REVISED Change: 2021 2020 Increase / Budget Budget (Decrease) Revenue: Member County Dues $ 142,500 $ 142,500 $ - Annual Meeting 145,000 210,000 (65,000) Conference Room Services 10,000 10,000 - Contract Support Services: GSFA 5,508,000 5,548,000 (40,000) NHF 2,058,000 1,930,000 128,000 ESJPA 96,000 89,000 7,000 Contract Performance Fee GSFA 2,215,000 1,629,000 586,000 Excess Revenue from NHF 1,000,000 1,000,000 - Interest Income 100,000 180,000 (80,000) Investment Gain / (Loss) 20,000 20,000 -
Total Revenue $ 11,294,500 $ 10,758,500 $ 536,000
Expenditures: Accounting & Auditing $ 21,500 $ 21,500 $ - Annual Installation Reception 20,000 20,000 - Bank Fees 4,500 4,750 (250) Bill Service 7,704 8,145 (441) Cable TV 5,000 14,000 (9,000) Communications/Public Relations 57,800 58,600 (800) Community Relations 32,000 32,000 - Computer Maintenance & Support 214,850 163,000 51,850 Computer Hardware 148,500 90,500 58,000 Conference - Annual Meeting 225,000 225,000 - Conferences Attended by Staff 79,650 88,050 (8,400) Consultants 647,000 577,750 69,250 Depreciation 125,000 105,000 20,000 Dues, Fees & Subscriptions 52,265 50,185 2,080 Employee Training 67,450 81,450 (14,000) Reference Library & Publications 6,200 6,500 (300) Equipment Maintenance & Support 1,000 1,000 - Equipment Lease 23,500 22,000 1,500 Insurance 66,300 58,500 7,800 Interest Expense 1,160 4,500 (3,340) Internet Services 17,500 37,200 (19,700) Legal Services 90,000 90,000 - Meetings 48,000 83,000 (35,000) Miscellaneous 9,000 12,500 (3,500) Office Expense 125,000 175,000 (50,000) Off-Site Storage 7,500 5,000 2,500 Payroll 5,346,333 4,890,846 455,487 Payroll Taxes and Employee Benefits 1,354,013 1,205,607 148,406 OPEB Benefits 200,000 65,350 134,650 Payroll Processing Fees 7,900 7,500 400 Postage 10,000 12,000 (2,000) Printing and Duplicating 38,500 38,500 - Recruiting 50,000 40,000 10,000 Rent 398,000 328,000 70,000
23 Attachment 1
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA FY 2021 BUDGET For the Year Ended December 31, 2021
REVISED Change: 2021 2020 Increase / Budget Budget (Decrease) Repair & Maintenance 3,050 3,050 - Employee Relations 20,000 20,000 - Fees, Taxes and Licenses 5,000 5,000 - Sponsorships 195,000 265,000 (70,000) Disaster/Other Assistance 500,000 - 500,000 Telephone 34,200 16,100 18,100 Travel - Board Member Reimbursement 100,000 135,000 (35,000) Travel 139,800 174,800 (35,000)
Total Expenditures $ 10,505,175 $ 9,241,883 $ 1,263,292
Net Revenues over Expenditures $ 789,325 $ 1,516,617 $ (727,292)
Non-cash Adjustments: OPEB change in liability $ 150,000 $ 40,000 $ 110,000 Depreciation $ 125,000 $ 105,000 $ 20,000 Unrealized Gain on Investments $ (20,000) $ (20,000) $ -
Projected net cash flow $ 1,044,325 $ 1,641,617 $ (597,292)
Capitalized Assets included Above in Office Expense and Computer Hardware $ - $ 265,500 $ (265,500)
24 Attachment 2 Rural County Representatives of California 2021/2022 Member Dues Estimate (for budgeting purposes) (Sorted by population; Population based on 2020 census data ESTIMATES)
2021 Member Dues - County Population 2021 Member Dues Discounted 50% ALPINE 1,142 $ 500.00 $ 250.00 SIERRA 3,201 $ 500.00 $ 250.00 MODOC 9,570 $ 957.00 $ 478.50 MONO 13,464 $ 1,346.40 $ 673.20 TRINITY 13,548 $ 1,354.80 $ 677.40 MARIPOSA 18,067 $ 1,806.70 $ 903.35 PLUMAS 18,260 $ 1,826.00 $ 913.00 INYO 18,584 $ 1,858.40 $ 929.20 COLUSA 21,902 $ 2,190.20 $ 1,095.10 DEL NORTE 27,298 $ 2,729.80 $ 1,364.90 LASSEN 28,833 $ 2,883.30 $ 1,441.65 GLENN 29,400 $ 2,940.00 $ 1,470.00 AMADOR 37,676 $ 3,767.60 $ 1,883.80 SISKIYOU 44,461 $ 4,446.10 $ 2,223.05 CALAVERAS 45,023 $ 4,502.30 $ 2,251.15 TUOLUMNE 54,917 $ 5,491.70 $ 2,745.85 SAN BENITO 62,353 $ 6,235.30 $ 3,117.65 LAKE 64,040 $ 6,404.00 $ 3,202.00 TEHAMA 65,129 $ 6,512.90 $ 3,256.45 YUBA 78,887 $ 7,888.70 $ 3,944.35 MENDOCINO 87,946 $ 8,794.60 $ 4,397.30 NEVADA 98,114 $ 9,811.40 $ 4,905.70 SUTTER 100,750 $ 10,075.00 $ 5,037.50 HUMBOLDT 133,302 $ 12,000.00 $ 6,000.00 NAPA 139,088 $ 12,000.00 $ 6,000.00 MADERA 158,147 $ 12,000.00 $ 6,000.00 SHASTA 178,045 $ 13,000.00 $ 6,500.00 IMPERIAL 188,777 $ 13,000.00 $ 6,500.00 EL DORADO 193,227 $ 13,000.00 $ 6,500.00 BUTTE 210,291 $ 14,000.00 $ 7,000.00 YOLO 221,705 $ 13,000.00 $ 6,500.00 SAN LUIS OBISPO 277,259 $ 14,000.00 $ 7,000.00 MERCED 283,521 $ 14,000.00 $ 7,000.00 PLACER 403,711 $ 14,000.00 $ 7,000.00 MONTEREY 441,143 $ 15,000.00 $ 7,500.00 TULARE 479,977 $ 15,000.00 $ 7,500.00 SONOMA 492,980 $ 16,000.00 $ 8,000.00
Annual Dues Calculation: 0.10 cents per person; minimum $500; maximums of: Population Dues 120,000 to 174,999 $ 12,000.00 175,000 to 225,000 $ 13,000.00 225,000 to 400,000 $ 14,000.00 400,000 to 499,999 $ 15,000.00 500,000 to 599,999 $ 16,000.00 600,000 to 699,999 $ 17,000.00 700,000 to 799,999 $ 18,000.00 800,000 to 899,999 $ 19,000.00 Etc. $ -
25 26 Attachment 3 Rural County Representatives of California Pay Schedule 2020 2021
Payrate Payrate Position/Title Minimum Maximum Time Base
President/CEO $250260,000 $510525,000500 Annual Senior Vice President $200205,000 $41200,000 Annual Vice President $150,000 $355,000 Annual
Chief Operating Officer/Chief Financial Officer $150155,000 $400410,000 Annual Chief Economic Development Officer $135140,000 $275283,000 Annual General Counsel $120125,000 $250257,000500 Annual Senior Legislative/Regulatory Advocate $120125,000 $250257,5,000 Annual Senior Economic Development Project ManagerOfficer $120125,000 $250257,5,000 Annual Legislative Advocate $ 9093,000 $200206,000 Annual Regulatory Affairs Advocate $ 90,000 $192,937 Annual Controller $ 9093,000 $180185,000500 Annual Program Manager $ 90,000 $180,000 Annual Director of Data Management $ 8588,000 $180190,000000 Annual IT Director $ 7577,000500 $160165,000 Annual Director of Operations $ 7072,000 $155160,000 Annual Economic Development Officer $ 6062,000 $148165,525000 Annual Economic Development Specialist $ 60,000 $120,000 Annual Communications Director $120,000 $175,000 Annual Marketing Director $ 7072,000 $129,650133,500 Annual External Affairs Coordinator $ 62,000 $113,500 Annual External Affairs Coordinator $ 60,000 $110,250 Annual Senior Governmental Affairs Coordinator / Clerk of the Board $ 6062,000 $110,250113,500 Annual Regulatory Affairs Specialist $ 5556,000750 $90,00092,750 Annual Assistant Controller $ 5051,000500 $110,250113,500 Annual Financial Analyst $ 5051,000500 $ 1003,000 Annual Program Administrator/Trainer $ 501,000500 $100103,000 Annual
27 Client Relations Representative $ 16.0050 $ 39.0040.00 Hourly Executive Assistant 1 $ 28.00 $ 50.00 Hourly Office Coordinator $ 18.0050 $ 3031.00 Hourly Office Assistant/Receptionist $ 16.0050 $ 2728.5025 Hourly
1 New position added in 2021
28 Attachment 3 Rural County Representatives of California Pay Schedule 2021
Payrate Payrate Position/Title Minimum Maximum Time Base
President/CEO $260,000 $525,500 Annual Senior Vice President $205,000 $412,000 Annual Vice President $150,000 $355,000 Annual Chief Operating Officer/Chief Financial Officer $155,000 $410,000 Annual Chief Economic Development Officer $140,000 $283,000 Annual General Counsel $125,000 $257,500 Annual Senior Legislative/Regulatory Advocate $125,000 $257,500 Annual Senior Economic Development Officer $125,000 $257,500 Annual Legislative Advocate $ 93,000 $206,000 Annual Controller $ 93,000 $185,500 Annual Director of Data Management $ 88,000 $190,000 Annual IT Director $ 77,500 $165,000 Annual Director of Operations $ 72,000 $160,000 Annual Economic Development Officer $ 62,000 $165,000 Annual Communications Director $120,000 $175,000 Annual Marketing Director $ 72,000 $133,500 Annual External Affairs Coordinator $ 62,000 $113,500 Annual Senior Governmental Affairs Coordinator / Clerk of the Board $ 62,000 $113,500 Annual Regulatory Affairs Specialist $ 56,750 $92,750 Annual Assistant Controller $ 51,500 $113,500 Annual Financial Analyst $ 51,500 $103,000 Annual Program Administrator/Trainer $ 51,500 $103,000 Annual Client Relations Representative $ 16.50 $ 40.00 Hourly Executive Assistant 1 $ 28.00 $ 50.00 Hourly Office Coordinator $ 18.50 $ 31.00 Hourly Office Assistant/Receptionist $ 16.50 $ 28.25 Hourly
1 New position added in 2021
29 30
Governmental Affairs
To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Governmental Affairs Staff Date: December 1, 2020 Re: Comprehensive Fire Prevention and Response Proposal – ACTION
Summary This memo provides for a comprehensive fire prevention and response proposal that RCRC could sponsor for the 2021 Legislative Session.
Background California has experienced increased levels of wildfire risk, and faster, more intensely burning fires each year over the past decade. This is due to decades of forest mismanagement combined with escalating impacts from climate change. The state is undertaking many actions to respond to California’s increased fire activity, and the federal government has also begun taking measures to respond to increased wildfire activity nationwide. The state is also grappling with how to ensure the safety of its residents and firefighting response crews during wildfire season amidst the coronavirus (COVID-19) pandemic.
During the 2020 Legislative Session, RCRC engaged in several efforts to address fire prevention and response. Notably, Senate Bill 182 (Jackson), to which RCRC lent its full support, would have established wildfire reduction standards and planning requirements for new housing developments in fire prone areas of the state. This bill was vetoed by Governor Newsom. Additionally, the RCRC-supported Assembly Bill 1659 (Bloom) would have established a robust funding source to improve the health and resilience of California’s forest and wildlands to help prevent future catastrophic wildfires: however, that bill and a similar budget play ultimately failed to proceed. Revenues generated by recent Cap-and-Trade auctions have significantly under- performed, prompting the Legislature to delay allocating discretionary Greenhouse Gas Reduction Fund (GGRF) dollars to early 2021. This means there is a smaller GGRF pot overall, and less monies available to conduct fire prevention/response work. The short- term impact of delaying GGRF allocations is that forest management projects funded by those moneys have to be put on hold. Additionally, recent auctions show the volatility of this funding source in meeting our urgent and expensive needs to prevent and react to large and dramatic wildfires.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 31 Issue In response to the Legislature’s inability to dramatically address the acute aspects of the state’s wildfire challenges, RCRC staff has compiled a wildfire prevention and response proposal for the Legislature to consider. It should be noted this proposal is primarily in response to the narrative that the current situation California finds itself in is primarily due to climate change. While staff fully appreciates the impacts of climate change, efforts to combat climate change alone will NOT reduce the wildfire risks rural communities face in the coming years and decades.
Most notably, RCRC staff’s proposal is comprehensive. It anticipates that all stakeholders, including counties and their respective Boards of Supervisors, will face some difficult decisions.
The following components a RCRC’s staff proposal:
Propose a $2.15 billion Resources Bond for June 2022 to fund vegetation management, forest improvement, wildfire mitigation, and emergency response. Redirect all Cap-and-Trade auction revenues annually allocated to High Speed Rail to SB 901 forest health and wildfire risk reduction projects. Require water purveyors to undertake source watershed restoration and fire mitigation projects. Establish an insurance surcharge to fund on-going fire prevention and home hardening activities. Provide regulatory relief for forest health improvement and wildfire risk reduction activities. Enact several federal measures recently considered by Congress and legislative resolutions expressing support for those measures. Enact innovative financing solutions to help rural Californians undertake home hardening and defensible space projects. Enact a scaled-down version of SB 182 (Jackson, 2020) to establish parameters on future development in the WUI and be proactive on the local government planning front.
Staff Recommendation It is recommended that the RCRC Board of Directors review and approve the comprehensive fire prevention and response proposal as presented.
Attachment Background Sheet Detailing RCRC Staff’s Fire Prevention Response Proposal
32 RCRC Wildfire Prevention and Relief Package
Resources Bond Propose a $2.15+ billion Resources Bond for June 2022 to fund vegetation management, forest improvement, wildfire mitigation, and emergency response, including: $900 million to Natural Resources Agency to implement projects for: o Landscape-scale restoration o Prescribed burns o Vegetation management and fuel reduction projects o Community fire hardening projects and risk-reduction buffers o Community wildfire risk reduction planning and implementation o Wildfire risk reduction along roadways o Grants to counties, fire safe councils, resource conservation districts, local fire agencies and districts o Coordinated and integrated regional approaches to restoration of watersheds $100 million to CAL FIRE to fund local fire prevention grants $200 million to Department of Parks and Recreation for projects that: o Reduce the risk of wildfire at state parks and spreading to nearby communities o Restore fire-related damages at units of the state park system $200 million to fund projects that create a secondary egress route for communities with a single egress route or to undertake egress route improvements projects identified and recommended by the Board of Forestry $300 million to state conservancies to reduce the risk of wildfires and improve forest and ecosystem health on lands within their jurisdiction $100 million to fund the construction of two new California Conservation Corps Forestry Corps residential training centers in high fire risk areas $150 million to the Department of Food and Agriculture for renovation and improvement of fairgrounds to improve emergency response capabilities (CAL FIRE staging, evacuation centers) $200 million Office of Emergency Services for prehazard mitigation grants to local agencies (including counties) and others for improvements to 1 Last Updated: 11/12/2020
33 detection, warning, and evacuation systems, emergency notification systems, and improvements in fire and disaster response planning, communication, and infrastructure
Redirect All Cap-and-Trade Auction Revenues from High Speed Rail to SB 901 projects. Redirecting the 25% of Cap-and-Trade revenues devoted to High Speed Rail to provide roughly $700 million annually for the following activities: 12.5% to fund grants to local agencies for healthy forest and fire prevention programs and projects that improve forest health ($375 million) 4% to CalFire for prescribed burns ($120 million) 3% for incentives for biomass energy generation ($90 million) 2% for grants to local governments to offset the cost of transporting forest residuals to biomass facilities and innovative forest products manufacturing facilities ($60 million) 1.5% for grants and incentives for innovative wood products manufacturing facilities ($45 million)
Require Water Providers to Fund or Undertake Source Watershed Restoration and Fire Mitigation Projects Establish a regulatory framework to require urban and agricultural water suppliers to either fund or undertake projects to improve forest health and reduce wildfire risk in the watersheds that provide their water supplies. Establish a state clearinghouse of watershed restoration and forest health improvement projects that local agencies, conservancies, fire safe councils, and tribes identify to achieve those objectives.
Establish an Insurance Surcharge Similar to the proposed EIR of the late 2010’s, a small percentage increase upon all policies (excluding FAIR plan policies) to fund:
Home hardening and creation and maintenance of defensible space and ember resistant zones in high fire risk and wildland urban interface areas Development and implementation of community wildfire production plans Local wildfire risk reduction activities
2 Last Updated: 11/12/2020
34 Local defensible space inspections Grants to fund a program similar to the Wildfire Risk Reduction Planning Support Grants Program proposed in Senate Bill 182 (Jackson, 2020)
Forest Management/Environmental Solutions/Regulatory Relief Codify California’s Forest Carbon Plan Require state agencies to report to the Legislature on positions and resources needed to achieve and progress towards CA Forest Carbon Plan goals Require ARB to annually report an approximation of GHG and criteria air pollutant emissions resulting from the previous year’s wildfire. Require an update to CalEnviroScreen to factor risk for wildfires, air pollution resulting from wildfires, power outages Declare that vegetation management projects (including prescribed burns) are deemed to reduce and avoid GHG emissions associated with wildfires
Determine status of CalFire’s evaluation of existing Timber Harvest Plans exemptions and suggestions to consolidate and streamline those processes
CEQA exemptions for: 1) Forest health and wildfire risk reduction projects funded or undertaken by the state, local governments, and fire safe councils; 2) Wildfire risk reduction and infrastructure hardening projects undertaken by an electrical utility; 3) Fuels reduction along a public right-of-way to facilitate community ingress and egress
California Endangered Species Act revisions: 1) require Department of Fish and Game to create an expedited process for review of and to issue any necessary incidental take permits; 2) require Department of Fish and Game to create an expedited process for review of streambed alteration permits associated with any of the activities described above; and 3) clarify that DFG’s CESA and Streambed Alteration reviews and permits do not trigger CEQA
Federal Government Solutions Enact Feinstein/Daines forest management measure Enact Wyden measure on prescribed burns 3 Last Updated: 11/12/2020
35 Draft legislative resolutions of support of the above
Home Hardening and Defensible Space Solutions Require CAL FIRE to fully implement and enforce defensible space inspections. Shift from CAL FIRE responsibility to the local fire response agency Build upon AB 38 (Wood, 2019) by providing innovative financial assistance to help low-income and elderly Californians perform home hardening and defensible space activities through grants and deferred repayment and forgiveable loans
Land Use Solutions Enact a scaled-down version of Senate Bill 182 (Jackson, 2020) that will be both responsive to the Governor’s concerns of decreased housing production while allowing local governments to be proactive on fire-wise planning and development. Require increased fire-safe development thresholds, based on development size, for permitting in Very High Fire Hazard Severity Zones (VHFHSZ), including: o Enforcement of defensible space requirements o Approved wildland fire assessment and wildfire mitigation plan o For developments over nine units, defensible space maintenance program funded through an ongoing homeowners’ association assessment. Require the State Fire Marshal to promulgate regulations to set forth specific wildfire risk reduction standards for permitting and development in the VHFHSZ (SRA and LRA) Require the Fire Marshal to update mapping of VHFHSZ Utilize General Fund monies to fund local government implementation of wildfire risk-reduction development planning, as required by the bill
4 Last Updated: 11/12/2020
36 To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Date: December 1, 2020 Re: County Elected Officials: Top-Two Advance – ACTION
Summary This memo provides an overview of recent legislation regarding the elections to non- partisan county offices. RCRC staff is recommending that the RCRC Board of Directors adopt an “Oppose” position on legislative items that would require the top-two voter- getters in a Primary Election to advance to a General Election.
Background Currently, statewide election primaries, where county offices are voted upon, are held in March for presidential years and June for gubernatorial years. Subsequently, statewide general elections are held in early November. Successful candidates, regardless of certification in either the Primary Election or the General Election, are traditionally sworn into office in early January. Under existing law, a candidate for a county office (i.e. county supervisor, county sheriff, etc.) who, at a primary election, receives an absolute majority of votes can be certified to that office. When there is no candidate that receives a majority of the votes cast in a primary election, the top two vote-getters advance to the General Election.
Issue Senate Bill 1450, introduced by Senator Thomas Umberg (D-Santa Ana), would have required the top-two vote-receiving candidates for a county office in a primary election to advance to a run-off in the general election (this includes a candidate who receives more than 50 percent of the vote in the primary election). It should be noted that candidates for state office (the State Assembly, State Senate, Governor, Insurance Commissioner) are elected in the same manner as proposed in SB 1450; however, the Superintendent of Public Instruction – a statewide non-partisan office – is currently elected in the manner which currently exists for county offices.
A second aspect of SB 1450 would require that any election for an office determined by a plurality (i.e. where the winner need not receive an absolute majority of votes cast) be held during the November General Election. This portion of the bill primarily affects certain cities and special districts as county officers are almost exclusively elected in this manner.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG
37 In April 2020, RCRC staff prepared an analysis based on data collected from RCRC member counties for the March 3rd Primary Election under the current election scheme. Conversely, a number of supervisorial election races that occurred in RCRC member counties would have been impacted if SB 1450 had been law. This includes:
27 incumbents who sought re-election without an opponent, but had an election day write-in opponent would face a run-off in November; 17 incumbents who won re-election with at least 60 percent of the vote in a two- candidate race would face a run-off in November; 8 supervisorial seats whereby there were no incumbents seeking re-election and there were only two candidates would now face a run-off in November; 3 supervisorial seats whereby there were no incumbent seeking re-election and there were more than two candidates, and a candidate received more than 50 percent +1 of the vote would face a run-off in November; and, 10 incumbents who lost re-election in a two-candidate race would face a run-off in November.
In summary, nearly half of all RCRC member counties’ supervisorial elections would no longer be decided in the Primary Election. For the most part, incumbents are at a disadvantage under the SB 1450 dynamic since 32 of the 55 incumbents facing a contested re-election would proceed to a run-off election.
On November 3rd, voters casted their General Election ballots. The following were observed in RCRC member counties:
5 of the 8 incumbents who were top vote-getters in the Primary Election remained as top vote-getters in the General Election; 4 incumbents who placed second during the Primary Election failed to obtain 50 percent + 1 of the vote during the General Election; and, 2 of the 14 supervisorial seats whereby there were no incumbents seeking re- election and there were more than two candidates placed 2nd in the Primary Election, but obtained the highest number of votes in the General Election.
For the most part, top vote-getters in the Primary Election generally remain as top vote- getters in the General Election. Incumbents who were not the top voter-getter in the Primary Election generally do not win in the General Election.
Staff Recommendation RCRC staff recommends the RCRC Board of Directors adopt an “Oppose” position for expected legislation similar to SB 1450. RCRC staff believes this measure would prolong an already lengthy campaign for seats on the Board of Supervisors. Counties, along with other locally-elected offices, have operated under this election model for several decades, and it is generally agreed that government (and the process for selection to county offices) has worked well under this model.
Attachment Copy of Senate Bill 1450 (Umberg) of 2020
38 SENATE BILL No. 1450
Introduced by Senator Umberg
February 21, 2020
An act to amend Sections 1300 and 8140 of, and to add Section 10419 to, the Elections Code, relating to elections.
legislative counsel’s digest SB 1450, as introduced, Umberg. Elections: county of®cers: consolidation with statewide elections. (1) Existing law requires a candidate for a nonpartisan of®ce who at a primary election receives votes on a majority of all the ballots cast for candidates for that of®ce to be elected to that of®ce. This bill would exempt from that requirement candidates for county nonpartisan of®ces, including a county of®ce in a charter county, but not a charter city and county, and would require the candidates who received the highest and second highest number of votes cast for nomination to that of®ce to be placed on the ballot at the ensuing general election. By imposing new duties on counties, including county elections of®cials, the bill would impose a state-mandated local program. (2) Existing law generally requires that a plurality of the votes given at any election constitutes a choice, but that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective of®cers may be elected and to prescribe a higher proportion of the vote therefor. Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections. This bill would require an election for an of®ce that is determined by the plurality of the votes cast for that of®ce, with no possibility of a runoff, that is consolidated with a statewide election to be consolidated
99
39 SB 1450 Ð 2 Ð
with the statewide general election in November. The bill would require an election for an of®ce that is determined by the plurality of the votes cast for that of®ce, with no possibility of a runoff, that is, as of January 1, 2021, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election. These requirements would not apply to a charter city or charter city and county, but would apply to a charter county. By imposing new duties on local government, including county elections of®cials, the bill would impose a state-mandated local program. (3) 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:
line 1 SECTION 1. Section 1300 of the Elections Code is amended line 2 to read: line 3 1300. Except as otherwise provided in the Government Code, line 4 an election to select county of®cers shall be held with the statewide line 5 primary at which candidates for Governor are nominated. In the line 6 event that county of®cers are not elected pursuant to Sections 8140 line 7 and 8141, this The election shall be deemed a primary election and line 8 a county general election shall be held with the statewide general line 9 election to select county of®cers. line 10 SEC. 2. Section 8140 of the Elections Code is amended to read: line 11 8140. Any (a) (1) Except as provided in subdivision (b), any line 12 candidate for a nonpartisan of®ce who at a primary election line 13 receives votes on a majority of all the ballots cast for candidates line 14 for that of®ce shall be elected to that of®ce. Where two or more line 15 candidates are to be elected to a given of®ce and a greater number line 16 of candidates receive a majority than the number to be elected, line 17 those candidates shall be elected who secure the highest votes of line 18 those receiving a majority, and equal in number to the number to line 19 be elected.
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40 Ð 3 Ð SB 1450
line 1 (2) Where a candidate has been elected to a nonpartisan of®ce line 2 at the primary election, that of®ce shall not appear on the ballot line 3 at the ensuing general election, notwithstanding the death, line 4 resignation, or other disquali®cation of the candidate at a time line 5 subsequent to the primary election. line 6 (b) Subdivision (a) does not apply to candidates for county line 7 nonpartisan of®ces, including a county of®ce in a charter county, line 8 but not a charter city and county. The candidates for a county line 9 nonpartisan of®ce at the ensuing general election shall be those line 10 candidates who received the highest and second highest number line 11 of votes cast for nomination to that of®ce, as described in Section line 12 8141. line 13 SEC. 3. Section 10419 is added to the Elections Code, to read: line 14 10419. (a) Notwithstanding any other law, an election for an line 15 of®ce that is determined by the plurality of the votes cast for that line 16 of®ce, with no possibility of a runoff, that is consolidated with a line 17 statewide election shall be consolidated with the statewide general line 18 election in November. An election for an of®ce that is determined line 19 by the plurality of the votes cast for that of®ce, with no possibility line 20 of a runoff, that is, as of January 1, 2021, consolidated with the line 21 statewide direct primary election, shall instead be moved to, and line 22 consolidated with, the November statewide general election. line 23 (b) Where necessary, the term of of®ce of all then incumbent line 24 of®cers shall be extended accordingly until the successor takes line 25 of®ce after the new election date. line 26 (c) This section does not apply to a charter city or charter city line 27 and county, but does apply to a charter county. line 28 SEC. 4. If the Commission on State Mandates determines that line 29 this act contains costs mandated by the state, reimbursement to line 30 local agencies and school districts for those costs shall be made line 31 pursuant to Part 7 (commencing with Section 17500) of Division line 32 4 of Title 2 of the Government Code.
O
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41 42 To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Date: December 1, 2020 Re: District Agricultural Associations/Fairs Governance Solution - ACTION
Summary This memo provides a potential governance solution for the District Agricultural Associations (DAA)/fairs.
Background Currently, the Network of California Fairs consists of 79 fairs that operate under a variety of governance structures, including six county-operated fairs, 16 nonprofit-operated county fairs, two citrus fruit fairs, 54 statutorily created state institutions known as DAAs, two of which are currently inactive, as well as the California State Fair (an independent state agency). Of the 52 active DAAs, 41 operate on state-owned land, eight operate on leased land, and three do not have permanent fairgrounds. Most of the properties were donated to the state or county to provide for the fair facilities and to safeguard the properties for the local community. The day-to-day operations of these facilities fall under the jurisdiction of the California Department of Food and Agriculture (CDFA).
California’s fairgrounds play a major role in the economies of the communities/counties where they are located. Beyond the annual “fair” event, fair facilities host hundreds of events year-round. In rural and suburban areas of California, these locations have become critical staging areas for first response operations, evacuation centers for people and animals, and for providing emergency services to the community. Fairs have also been used as heating or cooling centers during extreme weather events.
Prior to 2009-2010, funding support for fairs was generated through pari-mutuel horse racing licensing fees, a funding source established in 1933 that legalized gambling on horse racing. This funding source was utilized by CDFA for a variety of activities including: administrative oversight; maintenance and facility improvement activities; providing training to fair staff and boards; and, the performance of compliance/fiscal audits. Monies were also allocated to fairs to assist with day-to-day operations. In 2009- 2010, this funding source was replaced by a General Fund appropriation. General Fund dollars in the amount of $32 million was available until 2011-2012, when all General Fund support was eliminated.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 43 After state funding was eliminated, CDFA involvement in providing oversight and guidance was also significantly reduced. Fairs responded to the reduction in state support with a combination of reducing costs and increasing revenue opportunities. After several years, the combination of neglect due to deferred maintenance and an increased recognition that fair facilities play an important role during times of emergency, the Legislature enacted Assembly Bill 1499 (Gray) with RCRC’s full support.
Beginning in 2019-2020, AB 1499 requires a portion of gross receipts from the sales and use tax received within the property of a state-designated fair to be transferred to the Fair and Exposition Fund in support of facility improvements. In the 2019 Budget Act, this resulted in an additional $18.6 million (pursuant to this measure) being made available subject to fiscal oversight being conducted.
Issue With the economic decline that fairs face, a number of stakeholders, including RCRC, have begun to evaluate ways to ensure the network of fairs remains viable and healthy. Coinciding with this notion is the Newsom Administration’s request of stakeholders to develop new methods of governance. Although not unique, the recent focus is to have fairs overseen by a joint powers authority (JPA) instead of CDFA. This approach dovetails on recent efforts to have a number of single fairs operate as a JPA, most notably the Antelope Valley Fair and the Tehama County Fair. While a JPA model has not been agreed-to for Tehama County, special legislation was enacted in 2011 to allow a JPA to operate the Antelope Valley Fair.
The current effort being formulated would have each individual fair run by a non-profit entity (most likely an existing fair foundation for each DAA) but overseen by a statewide JPA. The statewide JPA would consist of a Board of Directors composed of fair representatives, CDFA, Department of Finance and local government (RCRC). The JPA would oversee the operating agreements for the non-profits to conduct day-to-day management of the fairgrounds, provide training and managerial assistance (where necessary), reduce costs and improve efficiencies for those fairs that join.
Proponents of the JPA model are requesting CDFA Secretary Karen Ross to review and approve the JPA model and ultimately forward to Governor Newsom for his approval.
Staff Recommendation RCRC staff recommends the endorsement of the JPA model.
Attachment • California Fairs Alliance - District Agricultural Association Governance Transition Strategy
44 Provided by courtesy of California Fairs Alliance
California Fairs Alliance District Agricultural Association Governance Transition Strategy
This issue of transitioning District Ag Associations (DAA) into some form of local governance has been discussed for decades by Governor’s from both political parties.
2020 – “The Administration plans to engage the Legislature and stakeholders over the course of the next year to develop a thoughtful approach to transition the state’s relationship with fairs, while acknowledging the need to continue supporting property that may be necessary for emergency operations.” Governor Gavin Newsom, 2020 May Revise Summary Document.
2011 – Governor Jerry Brown directed CDFA to develop a plan to address the operation, maintenance, and oversight of the Network of California Fairs, including real and personal property and the feasibility to restructure the governance of the fairs within this network.
2005 – Fairs Governance Reform Packet released by CDFA, including legislative language to transition DAAs to Public Benefit Corporations. Governor Arnold Schwarzenegger Administration
1991 – Secretary Henry Voss appoints a Blue-Ribbon Committee to study the future of the fair industry. Governor Pete Wilson Administration
Due to COVID-19, the fair industry has been faced with a number of issues, which ironically could make a governance transition occur more smoothly, than would have been possible in the past. However, governance must be combined with a stable funding formula. Below is the two-part proposal from the California Fairs Alliance. Governance:
California Fairgrounds Authority – a Joint Powers Authority (JPA) for the Fairs, run by the Fairs.
The joint powers agreement is a formal and flexible legal agreement between two or more public agencies that share a common power and want to jointly implement programs, build facilities, or deliver services. Approved and signed by officials from the member agencies, this agreement creates a new, separate government organization that shares powers common to the member agencies but is legally independent from them. If an agreement’s terms are complex or if a member agency cannot act on behalf of all members, forming a new JPA is the answer. The joint powers agreement outlines those powers and functions common to the member agencies, i.e. operating a county fair, and also describes the size, structure, and membership of the JPA’s governing board.
JPAs combine services and resources for mutual support or common actions, reduce or eliminate overlapping services, and save time and money by sharing resources among member agencies. Typically, a member agency agrees to be responsible for administering the services necessary to carry out the JPA’s function or purpose on behalf of the other member agencies. For example, an Administrative
45 Provided by courtesy of California Fairs Alliance
Services Agreement executed between a nonprofit organization member and the JPA can designate the nonprofit organization responsible for carrying out administrative services of running the fair. JPAs can exercise only those powers that are common to their member agencies.
Proposal:
Utilize the California Department of Food and Agriculture (CDFA) and county government as founding members to form a JPA. The Board will be comprised of fair representatives, elected from the current California Fair Alliance Areas, CDFA, Department of Finance (DOF) and local government. The main purpose of the JPA would be to administer the agreements with non-profit entities to oversee the day- to-day operations of fairgrounds. The JPA could provide additional services as the Board deems necessary. Administrative services of the JPA would be contracted out with either a member entity or another association, like Western Fairs Association.
DAAs would continue to exist, for the foreseeable future, as a custodian to oversee real property, pension liability and employees that choose not to leave state service.
Membership in the JPA is voluntary.
FINANCING
AB 1499(Gray), chaptered in 2017, provides the Network of Fairs a sustained funding source, based on the business activity generated on fairgrounds. Currently, an amount equal to three quarters of 1% of the revenues generated on fairgrounds is the figure to be included each year in the Governor’s budget.
In order to assist in the transition of District Agricultural Associations and to provide a greater opportunity for success moving forward, we propose the percentage be increased to an amount equal to 2% of the gross revenues generated on fairgrounds starting in FY 2023-24. Furthermore, based on recent conversations with the Department of Finance, additional changes to current law are necessary in order to make this level of financial support more workable for the Network. As an example, the Department of Finance is interpreting AB 1499 to provide for a true-up to occur each November, which was not part of the original legislation. Unlike other state agencies, fairgrounds operate on a calendar year basis. Therefore, the Department of Finance interpretation will not allow fairs to budget accurately because the true-up occurs right at the time when budgets are being approved by fair boards.
Additionally, the Legislature and the Governor approved $40.3 million from the 2019-2020 budget to be used to assist District Agricultural Associations with the layoff process. To date, there remains a considerable amount of those monies unspent. We propose the remaining portion of these funds be repurposed and used to supplement the FY 2020-21 funding and what is expected to be a decrease in AB 1499 funds available in the next two State Budgets due to COVID-19. These funds combined with the AB 1499 funds generated by the Network annually, would provide ample funds to allow fairs to hire personnel and gear up post COVID -19, increasing the likely success of this transition strategy.
46 To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Governmental Affairs Staff
Date: December 1, 2020
Re: Proposed 2021 Policy Principles
Summary This memo addresses proposed modifications to the RCRC Policy Principles (Policy Principles).
Background Each year, the RCRC Board of Directors adopts Policy Principles to help serve as a guide to RCRC staff when reviewing legislation and regulations to determine the appropriate position for the organization and its members.
Traditionally, the Policy Principles are provided to the RCRC Board of Directors in draft form at the December RCRC Board of Directors Meeting. RCRC staff encourages Board Members to share with other members of their County Boards of Supervisors and senior county staff for review, which helps to make revisions to the document. The Policy Principles are formally adopted annually at the January RCRC Board of Directors Meeting. The Policy Principles may also be updated periodically to reflect new issues or policy changes made by the RCRC Board of Directors.
In late 2017, RCRC staff completed and the RCRC Board of Directors approved a major overhaul to improve the overall effectiveness of the document. The overhaul removed redundancies and streamlined content, making the document shorter, less-cluttered, and more practical.
Issue RCRC staff reviewed the current Policy Principles and provided a number of modest improvements to the document. In order to facilitate discussion at the January 2021 RCRC Board of Directors meeting and to allow all member counties to review the proposed changes, please provide any proposed edits to Maggie Chui at [email protected] in writing no later than January 4, 2021 so these revisions can be included in the January 2021 Board Packet and considered at the January RCRC Board of Directors meeting.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 47 It should be reiterated that staff dramatically revised the Policy Principles in late 2017 to eliminate redundancies, simplify, and shorten the document for ease of use.
Attachment 2021 Proposed Policy Principles (Track Changes Copy)
48
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 20202021-21 22 POLICY PRINCIPLES
BOARD ADOPTED JANUARY 15, 2020
1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 (916) 447-4806
49 TABLE OF CONTENTS
AGRICULTURE ...... 2 AGRICULTURAL BIOTECHNOLOGY ...... 2 AGRICULTURAL LAND MITIGATION ...... 2 DISTRICT AGRICULTURAL ASSOCIATIONS/COUNTY FAIRS ...... 3 INSPECTION AND COMPLIANCE ...... 3 CANNABIS ...... 3 COUNTY OPERATIONS ...... 4 CALIFORNIA BUILDING STANDARDS CODES ...... 4 ELECTIONS ...... 4 EMPLOYEES ...... 4 ECONOMIC DEVELOPMENT ...... 5 EDUCATION ...... 6 ENERGY ...... 6 ENVIRONMENTAL QUALITY ...... 7 AIR QUALITY ...... 7 CLIMATE CHANGE ...... 7 ENVIRONMENTAL IMPACT ASSESSMENT ...... 8 WASTE MANAGEMENT AND RECYCLING ...... 9 HEALTH AND HUMAN SERVICES ...... 1110 FISCAL PARTICIPATION ...... 1110 HEALTHCARE ...... 11 INFANTS, CHILDREN AND YOUTH ...... 12 HOUSING AND LAND USE ...... 13 HOUSING FINANCE ...... 13 LAND USE PLANNING ...... 13 LOCAL GOVERNMENT FINANCING ...... 14 NATIVE AMERICAN AFFAIRS ...... 1615 NATURAL RESOURCES ...... 17 ENDANGERED SPECIES ...... 17 FEDERAL LAND MANAGEMENT ...... 18 FOREST MANAGEMENT ...... 18 LAND CONSERVATION ...... 19 WILDLIFE MANAGEMENT ...... 20 PUBLIC SAFETY ...... 20 TELECOMMUNICATIONS ...... 22 TRANSPORTATION ...... 23 VETERANS’ AFFAIRS ...... 24 MILITARY BASE CLOSURES ...... 24 WATER ...... 2524 WATER QUALITY ...... 2625 WATER SUPPLY ...... 2726
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50 Rural County Representatives of California 20202021-21 22 Policy Principles
Each year, the RCRC Board of Directors adopts a set of Policy Principles that guide legislative and regulatory advocacy efforts for the organization. These Policy Principles provide a guide for the organization’s priorities on both broad categories and specific issues, and allow RCRC staff to take formal positions on individual pieces of legislation and regulatory proposals each year.
AGRICULTURE
AGRICULTURAL BIOTECHNOLOGY Federal Regulation. RCRC supports the rigorous, science-based federal regulation of biotech products.
Labeling and Consumer Education. RCRC supports efforts to educate consumers about biotechnology, as consumer perception and market acceptance will determine the viability of the technology and the products produced. RCRC supports allowing, as a marketing tool, the voluntary labeling of products as not produced utilizing biotechnology if the label statements and/or advertising are not false or misleading, and the labeling and/or advertising meets established federal guidelines or standards, if any.
Research. RCRC supports policies including state funding for colleges and universities to support research and development of biotechnology techniques in agriculture to improve the productivity and competitiveness of California’s agricultural and allied industries.
Statewide Policy. RCRC supports a consistent statewide policy for the use of biotechnology in agriculture.
AGRICULTURAL LAND MITIGATION RCRC supports mandatory mitigation for the conversion of agricultural lands to terrestrial or aquatic habitat when the easement is permanent and/or agricultural land uses are prohibited, which should be required for a period of time that is commensurate with the amount of time that the agricultural land uses will be precluded, except when land is set aside for habitat or open space to address the impacts of agricultural development. RCRC supports clarifying in statute that the permanent protection of agricultural land is feasible mitigation under the California Environmental Quality Act for the loss of agricultural land. RCRC believes that mitigation lands should be of comparable quality and value as those that were permanently converted. RCRC supports working with agricultural interests, environmentalists, and federal and State officials to develop long-term solutions to mitigate the impacts of large land acquisitions in rural counties.
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51 DISTRICT AGRICULTURAL ASSOCIATIONS/COUNTY FAIRS RCRC supports the current state funding assistance for small- and medium-sized fairs while pursuing both an increase and a sustainable funding stream in order to preserve a number of struggling fairs. RCRC also supports increased flexibility in the governance structure of fairs so they may operate in a more efficient and cost- effective manner.
INSPECTION AND COMPLIANCE Agricultural Commissioners. RCRC supports a level of funding sufficient to implement the mandated pesticide use enforcement programs conducted by County Agricultural Commissioners.
Inspection Stations and Pesticide Monitoring. RCRC supports funding for the operation of all state and national border inspection stations and monitoring of pesticides and pests in order to assure a safe, fair and equitable marketplace for California’s agricultural industry.
Right-to-Farm. RCRC supports responsible local right-to-farm ordinances designed to permit and protect the rights of agricultural producers to engage in necessary activities without undue or unreasonable restrictions.
CANNABIS
Cannabis Regulation. RCRC supports preserving local control, providing explicit county taxing authority, ending collective model and putting in place strict licensing requirements, and addressing environmental impacts of cannabis cultivation. RCRC opposes any policy that weakens, eliminates, or compromises the implementation of these policies.
RCRC supports inclusion of the following in any State regulatory framework for cannabis cultivation: (1) As a condition of issuing a State license, an applicant must demonstrate a local jurisdiction’s approval – via a certified copy of documents – to operate within the local jurisdiction’s borders; (2) The establishment of uniform standards for the potency of medical cannabis product and proper labeling of THC levels and other products used for cultivation; (3) Proper State enforcement of worker and worker safety standards; (4) Assurance that no new state law or regulation grants any new “rights” relating to medical cannabis activities; (5) Efforts at both the state and federal level to allow for and make available banking and other financial services to cannabis operators in order to minimize the use of cash; and, (6) Statewide enforceable standard of what constitutes driving while impaired.
Environmental Enforcement. RCRC supports efforts to address environmental damage from unregulated grows by a variety of State agencies including, but not limited to the Board of Forestry, the California Department of Fish and Wildlife, Regional Water Quality Control Boards as well as other traditional state law
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52 enforcement agencies (i.e. California Highway Patrol, Department of Justice). RCRC supports a requirement that State environmental agencies coordinate with local government to ensure uniform application in enforcement efforts.
“Honey Oil.” RCRC supports restricting the production of Honey Oil to only those entities that are fully licensed by the State. RCRC also supports policies to address environmental and other issues related to the sale and manufacture of Honey Oil at the local level.
Medical Cannabis Grows on Tribal Lands. RCRC only supports tribal grows that occur in accordance with the State’s medical cannabis licensing system, which requires compliance with local government rules and regulations.
Medical Cannabis in the Workplace. RCRC opposes state efforts that would make it unlawful to hire, fire and/or base a promotion or demotion on a person’s status as a user, qualified or otherwise, of medical cannabis.
COUNTY OPERATIONS
CALIFORNIA BUILDING STANDARDS CODES New Building Code Standards. RCRC supports tailoring regulations and requirements to local conditions, as well as the ability of a local jurisdiction to delay implementation of costly new code requirements in rural areas in order for the requisite infrastructure to become cost effective and readily available.
ELECTIONS Vote by Mail. RCRC supports expanding the ability of counties to conduct all of their elections via all-mail balloting.
EMPLOYEES Collective Bargaining Process. RCRC opposes binding arbitration for public employee wage and benefit disputes where no appeals of an arbitrator’s final decision is allowed; mandatory mediation as requested by one or more party when an impasse is reached; mandatory fact-finding or an expanse of mandatory fact-finding to issues outside the immediate scope of an impasse; and, State mandates for the establishment of “ground rules” for the local bargaining process.
County Workforce Responsibilities. RCRC opposes legislative proposals that supersede and interfere with the constitutional duties of county Boards of Supervisors to provide for various terms of employment for their county workforce.
Outsourcing. RCRC opposes limitations on county governments’ ability to outsource municipal services to the private sector.
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53 Public Employees’ Retirement. RCRC supports efforts to further reform pension benefits administered by the California Public Employees’ Retirement System (CalPERS) and other California public pension systems that would help protect the long-term solvency of California’s public pension systems and local entities while maintaining competitive pension benefits for county employees. RCRC believes federal and state funding should be provided for on-going unfunded pension and Other Post-Employment Benefit liabilities for retired county employees whose employment stems from federal and/or state grant programs.
Workers’ Compensation. RCRC supports reducing premiums, minimize costs, manage claims, and insuring that injured workers are properly compensated and able to return to work in a speedy manner.
ECONOMIC DEVELOPMENT
Incentives. RCRC supports State and federal incentives as a stimulus to job growth and economic improvement within our communities as long as they are balanced with the importance of ensuring county revenue from sales and property taxes, and preserving a county’s right to plan and site new growth and development within its jurisdiction. Additionally, RCRC supports a county’s right to maintain maximum flexibility and autonomy over the allotment and expenditure of any incentive dollars and exemptions, where appropriate, to matching fund requirements for economically disadvantaged communities.
Tourism and Recreation. RCRC supports and encourages the promotion of rural California as a travel destination, and supports appropriate funding for the infrastructure and service demands created by the influx of visitors such as emergency medical services systems, highway construction and maintenance, and telecommunications.
Workforce Innovation and Opportunity Act. RCRC supports business-led local Workforce Investment Boards (WIBs) governed and supported by local elected officials and local leaders, the use of demand-driven and data-driven strategies within regional economies and labor markets, and access to employment opportunities, career counseling, and job training programs and services through American Job Centers. RCRC opposes proposals that negatively impact and burden rural small businesses.
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54 EDUCATION
Access. RCRC supports allowing for increased access to “concurrent enrollment” for high school students. RCRC also supports increasing the utilization of distance learning to improve educational opportunities in rural areas where the appropriate technology is available.
Post-Secondary Institutions. RCRC supports stable and consistent funding for grant programs that fund job training programs as well as providing community colleges with their full-share of State funding. RCRC also supports allowing community colleges to grant bachelor’s degrees in certain subject areas. RCRC supports keeping public higher education affordable and accessible to students from rural, and often economically depressed, areas.
School Transportation. RCRC supports the continued funding of Home-to-School Transportation (HTST) and will work to ensure that State reimbursement rates for services in rural areas are sufficient to meet the need. RCRC supports restructuring the current system of HTST to better allocate this funding based upon need rather than antiquated formulae that no longer reflect the requirements of many districts. Additionally, RCRC supports creating a system of funding that would stabilize the funding for HTST.
ENERGY
Biomass. RCRC believes that biomass facilities play a key role in forest health and wildfire risk reduction activities. As such, RCRC supports incentives that would encourage biomass-to-energy usage including the creation of more opportunities for biomass co-generation in rural counties. RCRC supports the extension of current biomass long-term contracts to keep existing facilities open. RCRC supports the use of forest as well as agricultural biomass at conversion facilities. RCRC supports the broadest possible definition of biomass for use in any renewable energy standard at the State or federal levels. RCRC supports a full life cycle analysis when determining the air quality standards for biomass power generation plants.
Public Safety Power Shutoffs. RCRC acknowledges the need for strategic and thoughtful implementation of public safety power shutoff (PSPS) events as a last resort to avoid ignition of catastrophic wildfires during extreme fire hazard conditions. RCRC believes utilities should reduce the scope and frequency of PSPS events dramatically as those entities make infrastructure improvements to reduce the risk of wildfire ignition. RCRC opposes the use of PSPS events in lieu of implementing robust, immediate steps to harden infrastructure in and around high fire hazard severity zones throughout California. RCRC supports direct and consistent communication between utilities and local governments to identify and mitigate impacts on critical facilities, vital operations, and vulnerable populations before, during and after PSPS events. RCRC supports legislation and regulatory
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55 decision making to ensure consistent statewide direction to utilities on communication and notification of PSPS events and mitigation of their impacts.
Rebates and Tax Exemptions. RCRC supports State incentives in the placement of new renewable power generation facilities as long as they are not detrimental to county or other local government revenue streams.
Renewable Portfolio Standard. RCRC supports recognition of hydroelectric power as a component under the renewable portfolio standard.
ENVIRONMENTAL QUALITY
AIR QUALITY Air District Boards. RCRC supports the establishment of policy by local Air District Boards and opposes the placement of State appointees on local Air District Boards.
Emission Standards. RCRC supports exemptions and extensions for rural counties that do not have the resources to meet regulatory requirements and encourages financial assistance from the California Air Resources Board (ARB) to foster compliance. RCRC supports tailoring regulations to address the quantity of emissions actually generated in rural counties. RCRC supports an increase in funding for the Carl Moyer Program for rural counties without the requirement for match funding.
In-Home Wood Heating Appliances. RCRC supports the reduction of emissions from in-home wood heating appliances and State and federal grant programs to upgrade and replace in-home wood heating appliances, including programs funded by Cap-and-Trade auction proceeds.
State Ambient Air Quality Standards. While RCRC supports not applying upwind and more restrictive regulations on the downwind transport-impacted counties, RCRC also encourages ARB to exercise its authority to ensure that the State Implementation Plan includes sufficient control strategies to attain the State Ambient Air Quality Standards (SAAQS) in all parts of California including areas impacted by intrastate transport of air pollution.
CLIMATE CHANGE Cap-and-Trade. RCRC supports an equitable distribution of Cap-and-Trade funds back to ratepayers. RCRC also supports the development and expansion of Cap-and- Trade funding programs specifically targeted at rural communities. RCRC supports using funds from Cap-and-Trade auctions for projects that will both reduce GHG emissions and benefit disadvantaged communities, and supports the use of these proceeds on private, local, state, and federally owned and managed lands.
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56 Incentive-Based Programs. RCRC supports the development of state programs that offer incentives to entities that voluntarily reduce GHG emissions and implement climate adaptation programs including grants, loans, offsets, early action credits and market-based credits trading programs. RCRC supports special incentives for industry sectors that have already made significant GHG emissions reductions and those green industries building operations in areas with the highest rates of unemployment.
Land Use Planning and Climate Change. RCRC supports the development of technical guidelines by the Office of Planning and Research that set specific, quantifiable Greenh House Gas (GHG) emissions standards for the California Environmental Quality Act (CEQA) and general plan documents. RCRC supports a collaborative process between state and local agencies in the development of all climate change adaptation strategies related to land use decisions.
RCRC supports the development of state and federal assistance programs to provide data, methods, and financial support to help determine and quantify GHG emissions, which is vital for local governments to be able to address climate change in CEQA and general plan documents.
Forest Carbon. RCRC supports the development of comprehensive and cooperative federal and state programs and strategies to reduce carbon emissions from forested lands, and preserve forest carbon sequestration. RCRC supports the development of a complete forest carbon inventory, as well as immediate fuels management and fire prevention projects as a vital component of the State’s climate adaptation strategy.
Regulatory Compliance. RCRC encourages flexibility for economically disadvantaged and rural areas in state regulatory programs including exemptions and tiered compliance schedules based on appropriate, regulation-specific parameters. RCRC supports a State financial assistance program to enable local agencies to comply with GHG regulations.
ENVIRONMENTAL IMPACT ASSESSMENT California Communities Environmental Health Screening Tool. RCRC opposes the use of the California Communities Environmental Health Screening Tool (CalEnviroScreen) as a substitute for a focused risk assessment for a specific area or site, or as the basis for any regulatory, permitting, or land use decisions or studies. RCRC also opposes the sole use of the California Communities Environmental Health Screening Tool (CalEnviroScreen) to define DACs for the allocation of Cap-and-Trade auction proceeds, or any other statewide funding programs.
California Environmental Quality Act. RCRC supports efforts to streamline the CEQA process to strengthen the certainty of required timelines and reduce the risk of litigation delays. RCRC opposes limiting or reducing the authority provided to lead agencies under CEQA. RCRC supports facilitation of early agency and public participation in the CEQA process to allow the lead agency and project proponents to more fully address environmental concerns 8
57 resulting from a proposed project and to facilitate preparation of a legally adequate environmental document. RCRC supports revising CEQA standards that disfavor or disproportionately burden rural projects.
RCRC supports legislation that limits the circumstances under which a challenge for noncompliance with CEQA can be filed, eliminates awarding of attorney’s fees to the plaintiff in CEQA challenges, and specifies that a lead agency does not have a duty to consider, evaluate, or respond to comments received after the expiration of the CEQA public review period. RCRC opposes CEQA-related legislation that would make it more difficult for rural counties and rural residents to access the court system.
Disadvantaged Communities. RCRC supports state and federal funding for Disadvantaged Communities (DACs) to meet their needs for a variety of projects such as water infrastructure, transportation, waste diversion and recycling, and forest and watershed health programs. RCRC supports a definition of DACs that addresses the unique needs and make-up of DACs located throughout the state.
National Environmental Policy Act. RCRC supports a reassessment of the National Environmental Policy Act (NEPA) effort to streamline the environmental review and permitting process, and federal policies that establish reciprocity between NEPA and State environmental laws and regulations, such as CEQA. RCRC supports an expedited NEPA analyses process for categories of projects where experience demonstrates that such projects do not result in a significant impact to the environment. RCRC also supports increasing opportunities for local involvement and changes that provide greater weight to local economic impacts and comments.
WASTE MANAGEMENT AND RECYCLING Alternative Daily Cover. RCRC supports preserving the use of green waste materials for alternative daily cover as a viable option, and does not support having the Tipping Fee apply to green waste materials that are used as ADC under the current fee structure.
Beverage Container Recycling. RCRC supports efforts to improve the beverage container recycling program to ensure that residents have access to redemption opportunities to get their deposits back. RCRC believes the program should be flexible enough to timely respond to changing local redemption opportunities and market conditions.
Disposal Bans. RCRC supports advanced statewide planning and infrastructure for convenient identification and recovery of all materials and products prior to banning from California landfill disposal or requiring separate handling or processing. RCRC supports active contributions from manufacturers and retailers to establish programs to cover the costs for disposal, recycling, special handling, and/or any public education required for their end-of-life products, before any such disposal bans are implemented. 9
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Disposal Mandates. RCRC supports appropriate tools for municipalities to achieve statewide waste diversion goal, including extended producer responsibility, an easing of the permitting restrictions for organic waste processes and other solid waste activities, model program guidelines, and increased funding. RCRC opposes regulatory requirements that do not consider existing infrastructure and capacity and the economic feasibility of new facilities, and that do not provide the flexibility for phasing-in various regions and areas of the state, especially in rural counties.
Electronic and Universal Waste. RCRC supports the proper disposal of electronic and universal waste through programs that place the cost of compliance on manufacturers and consumers rather than on county-operated landfills or waste management programs.
Extended Producer Responsibility. RCRC supports producer responsibility for financing and arranging the collection and recycling of their products at end-of-life, preferably through product take-back by the manufacturers/retailers.
Financing State Solid Waste Disposal Programs. RCRC supports a wide range of options to reform the financing mechanisms for the management of solid waste programs, including: increasing the current tipping fee as a temporary measure; applying new solid waste management fees on aspects of the waste stream that currently have no levies; reforming the programs that CalRecycle manages to limit costs; or, a combination of these options. RCRC opposes an increase in the Tipping Fee or other funding mechanisms for projects and programs that are not part of a direct effort to manage and reduce the overall amount of solid waste.
Jurisdictional Compliance. RCRC supports using program-based criteria to determine jurisdictional compliance with statutory waste diversion requirements that incorporate rural considerations. RCRC opposes numerical justifications on program implementation that do not include rural considerations.
Regulations implementing State requirements in recycling, composting, hazardous waste and storm water control should consider and as necessary adjust compliance timelines and targets to better match local capacities in rural areas, or make funding available to support such programs.
Organics. RCRC supports robust state funding for infrastructure and capacity building for state-mandated organics waste collection programs. RCRC also supports alternative organic waste collection programs for low population counties as a means to meet state-mandated requirements that recognize the economic and logistical challenges of organic waste recycling in rural areas of low population density.
Permitting. RCRC supports “tiered” solid waste facility permitting and operating requirements with reduced administrative and operational requirements that are
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59 commensurate with the limited environmental and public health risks associated with small-volume facility operation in low-density population areas.
HEALTH AND HUMAN SERVICES
FISCAL PARTICIPATION County Medical Services Program. RCRC supports ongoing safeguards to realignment and other county funding streams and the continuation of the County Medical Services Program. RCRC opposes any healthcare coverage expansion that would lead to an increase in the scope of Welfare and Institutions Section 17000 obligations on counties.
Food Access. RCRC supports innovative programs and state and/or federal financial incentives that increase food access in underserved and rural communities. Additionally, RCRC supports policies that address food deserts and create strong regional food and farm systems.
Human Trafficking. RCRC supports coordination among law enforcement, victim service providers and non-governmental organizations to develop innovative strategies and response tools to help combat human trafficking. Additionally, RCRC supports resources that facilitate training and education for law enforcement, teachers and students, and other governmental entities on how to properly identify and manage occurrences of human trafficking in their communities, especially in smaller or rural counties which often have limited staff and access to resources.
Realignment. RCRC supports local flexibility in the administration and implementation of programs funded by realignment. RCRC supports adequate funding and appropriate distribution of realignment funds to ensure that counties can continue to meet their legal obligations for providing Health and Human Services. RCRC supports an evaluation of potential transfers of programs that may be better administered and funded at the State level. RCRC opposes state and/or federal funding reductions that shift responsibility for services, administration or fiscal support to rural counties.
Child Support Services. RCRC supports a child support funding allocation methodology that ensures sufficient resources and flexibility to maintain and meet the unique needs of rural local child support agencies (LCSAs). RCRC supports policies that promote consistent payment to families through strong LCSA child support and distribution systems.
HEALTH CARE Access to Health Care. RCRC supports incentives and programs that train, recruit, and retain health, dental and mental healthcare professionals to provide services in rural areas. RCRC also encourages cooperation and communication between State agencies, offices, departments and boards, as well as the Legislature, federal agencies and county health advocacy organizations to affect this ultimate goal. 11
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RCRC also supports policies that require private and public health plans to offer comprehensive, affordable care to rural county residents, and establish reimbursement parity between rural medical providers and those in other areas of the state. RCRC supports cooperation between providers, insurers, appropriate State departments, the California public pension systems, and other stakeholders in the rural health community to develop incentives and guidelines for health insurance coverage in rural areas.
Federal Health Care Funding. RCRC supports federal funding that ensures rural residents have equal access to the benefits provided under the Affordable Care Act.
Health Plan Coverage Areas. RCRC supports mandatory inclusion of rural California in health insurance plan coverage areas, including contracts with local, accessible medical providers for timely care delivery, including necessary specialized care.
Medical Injury Compensation Reform Act. RCRC supports the current Medical Injury Compensation Reform Act law as any significant change will establish an increase in medical liability insurance rates, and thereby reduce access to healthcare for patients in rural and underserved areas.
OpiatesIllegal Drugs. RCRC supports funding from federal and State sources to help counties combat illegal drug production and provide services for addiction recovery. RCRC also supports efforts and prevention strategies that specifically focus on decreasing opioid misuse, overdoses, and death.
Rural Hospitals. RCRC supports allowing small and rural critical access hospitals to directly hire physicians. Additionally, RCRC supports State and federal efforts to fully staff and finance rural hospital operations including capital and seismic- retrofitting needs.
Telemedicine. RCRC supports additional federal advancements, policy changes, and funding mechanisms regarding the expansion of telemedicine and other emerging medical technology, such as paramedicine. RCRC supports State and federal funding for programs that promote quality medical education and treatment in rural areas through the use of appropriate technology, where it is available.
INFANTS, CHILDREN AND YOUTH Child Welfare Programs. RCRC supports the simplification of program enrollment processes, the integration of children/youth services and the closure of the gaps between the stand-alone programs. RCRC opposes funding cuts to the array of local child welfare services available to at-risk infants, children, and youth. RCRC supports local flexibility in the administration of these programs to allow for situations unique to rural counties.
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61 Foster Youth. RCRC supports programs that assist our foster youth with housing, employment, medical care, and education assistance as they transition to emancipation. RCRC supports State-provided services and opportunities reasonably available to other youth in California. Additionally, RCRC supports funding to counties to recruit and retain foster and relative caregiver parents.
Local First 5 Commissions. RCRC supports efforts that sustain the local First 5 Commissions’ focus on the prenatal-to-five age groups and protect the California Children and Families Act (Proposition 10) revenue sources for this distinct purpose. RCRC opposes any proposal that would restrict the authority of local First 5 Commissions to determine and approve all local Proposition 10 funding distributions. RCRC opposes any budget borrowing or taking of funds from local First 5 Commissions.
HOUSING AND LAND USE
HOUSING FINANCE Homelessness. RCRC recognizes homelessness as a statewide issue and supports policy that provides state and/or federal funding and resources to local governments to more accurately collect data and address the needs of the homeless population in their communities.
Housing Finance and Home Ownership. RCRC supports State programs to finance and ensure affordable housing projects are completed and made available to rural residents. RCRC supports State and federal laws that broaden the opportunities for local housing finance authorities, non-profit housing entities, and instrumentalities of government to increase homeownership.
Housing Funds. RCRC supports the priority for planning funds to go to local jurisdictions, which can assign the funding and planning functions to other regional agencies. RCRC supports rural county access to infrastructure funds for local improvements.
LAND USE PLANNING Eminent Domain. RCRC supports the authority of counties to utilize the tools available to manage growth, including eminent domain. RCRC opposes exercising eminent domain by taking private property and transferring it for purposes of private gain or use.
Housing Elements. RCRC supports the continued recognition that local jurisdictions are not responsible for housing production, but each must plan for its share of housing needs through appropriate land use designations, zoning, and programs. RCRC supports simplifying the housing element process by allowing counties to self-certify housing elements.
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Land Use Planning and Authority. RCRC believes any changes to State land use planning policies and process should be done within the existing planning framework and not by creating an additional layer of law or regulation, which threatens local land use authority. RCRC is opposed to any policy, regulation, or legislation that would infringe on the jurisdictional authority of counties to govern land use within county borders or imposes new programs and responsibilities without funding.
Regional Housing Needs Allocations. RCRC supports considering the lack of residential infrastructure and other special considerations of rural communities during the Regional Housing Needs Allocation process. RCRC supports the transfer of assigned housing needs allocations between a county and a consenting city or cities, requiring notice to the allocating entity upon agreement between the jurisdictions. RCRC opposes the use of the Regional Housing Need Allocation process for anything other than high-level housing production planning.
Regional Planning. RCRC supports coordinated regional planning between local agencies to address regional impacts of growth including transportation and other infrastructure, air quality, housing, resource production and protection, and public services. RCRC opposes land use authority being transferred to regional agencies without the consent of the local jurisdictions.
Surface Mining and Reclamation. RCRC supports a state training program for local government inspectors and recognition that an inspector with one department is not a conflict to inspect a mining operation of another department.
Sustainable Growth. RCRC supports the development of sustainable growth principles incorporating the realities of rural communities and on a scale appropriate to the local communities.
Williamson Act. RCRC supports State subvention funding to counties to provide compensation for reduced property taxes on lands that have contracts under the Open Space Subvention Act of 1971. RCRC supports exploring possible changes to the program itself including modification of the State’s oversight and administrative role in the program in light of no foreseeable funding from the State for the program. RCRC supports the ability of individual counties to make the determination of appropriate compatible use on agricultural land within the Williamson Act program.
LOCAL GOVERNMENT FINANCING
Bond Funds. RCRC supports the efficient and effective use of State bond funds and the maximization of federal funds, as well as geographically equitable distribution of bond funds, accountability for bond fund expenditures, and the incorporation of input from local officials when spending priorities are determined. RCRC supports funding formulas that establish a reasonable minimum amount rather than an amount based on population.
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63 Federal Payments to Schools and County Roads. RCRC supports the timely reauthorization of the Secure Rural Schools and Community Self-Determination Act (SRS). RCRC supports adequate funding levels and the development of creative permanent funding solutions into the future.
Municipal Bankruptcy. RCRC supports the current, long-established policy of unrestricted access to the Chapter 9 process for municipalities. RCRC opposes efforts that interfere, inhibit, or delay a county’s ability to seek bankruptcy protection in order to best manage their fiscal affairs.
Payment in Lieu of Taxes. RCRC supports the reauthorization and continuance of full funding of the Federal Payment in Lieu of Taxes (PILT) program and the state PILT program. RCRC supports full funding and payment, including any arrearages, to counties each budget year for the State PILT program administered by the California Department of Fish and Wildlife (DFW).
Prevailing Wage for Public Works. RCRC supports changes to the methodology for determining prevailing wage requirements to allow consideration for the differences between urban and rural areas.
Property Tax Allocations. RCRC supports efforts – through a State budget augmentation and/or a new statute – that guarantee counties (and cities located within those counties) are made whole when there is insufficient allocation of property taxes due to State-determined formulas. In addition, RCRC supports legislative efforts to allocate property taxes known as “excess Educational Revenue Augmentation Fund (ERAF)” to cities, counties, and special districts within the county where “excess” property taxes are generated.
Transient Occupancy Taxes. RCRC supports efforts to collect the appropriate amount of Transient Occupancy Taxes (TOT) from technology platforms such as “Airbnb.” RCRC opposes any efforts to exempt any taxable lodging sites or travel booking services/agents from the collection and payment of local TOTs. Furthermore, RCRC opposes efforts which would shift the responsibility for imposition and collection of TOTs from local jurisdictions to the State.
Unfunded Mandates. RCRC supports reforming the mandate reimbursement process to make it more reliable and timely for counties.
User-Based Fees and Assessments. RCRC opposes the expenditure of user-based fees and assessments to finance general or special benefit programs that are not directly related to the service for which the fee or assessment was initially established.
2011 Realignment. RCRC supports the constitutional protections that were enacted in the 2011 Realignment to dedicate funding for the costs of meeting a variety of criminal justice and health and human services program demands. RCRC also supports the continuation of dedicated State revenue streams for local law 15
64 enforcement programs which are now incorporated into the 2011 Realignment scheme.
NATIVE AMERICAN AFFAIRS
Agreements. RCRC supports the requirement for judicially enforceable agreements between tribes and local jurisdictions.
Construction and Expansion. RCRC supports requiring tribal governments that seek to construct or expand a casino or other business that would impact off- reservation land to involve the county government in the planning process and, ideally, to obtain the approval of the local jurisdiction.
Federal Acknowledgement. RCRC supports language regarding involvement of local government input, specifically, and in addition to, extensive public input from stakeholders when working towards the restructuring of the way the federal government formally acknowledges an Indian tribe. Additionally, RCRC supports closely connecting any new federal acknowledgement process to any new Fee-to-Trust process such that the two both share a high level of local government involvement.
Fee-to-Trust. RCRC opposes any legislation that would allow tribes to acquire additional land outside their current trust lands, to be placed into federal trust, in order to avoid federal, State, and local taxation of those businesses placed on that land. RCRC opposes the shift of land from Fee-to-Trust without community input and any change-in-use from the use listed on an approved Fee-to-Trust without additional review. RCRC supports maintaining the existing right of the county, state, and any interested or harmed party to gain standing to comment or sue over a trust application.
Local Business Equality. RCRC supports equal enforcement of all appropriate tax laws and requirements on tribal businesses in order to ensure a level playing field for local businesses and to ensure fairness in revenue generation within counties.
Mandatory Mitigation. RCRC supports a requirement that future Indian Gaming compacts and Fee-to-Trust applications provide for full mitigation of local impacts, including infrastructure load and local law enforcement issues from gaming and other infrastructure impacts from tribal activities, through either the Indian Gaming Special Distribution Fund (SDF) or through judicially enforceable agreement between local jurisdictions and tribes. RCRC supports full funding of the SDF or alternative funding source for full funding of local mitigation to provide badly-needed revenues to the counties and local governments affected by tribal activities on non- taxable land.
Tribal Firefighting. RCRC supports the right of counties to utilize contracts or other agreements with tribal firefighters and tribal fire departments as the official structural fire protection for any areas within a county. RCRC opposes any policy 16
65 that would disadvantage any county that utilizes agreements with tribal firefighting entities, rather than other types of firefighting units. Additionally, RCRC supports the usage of tribal fire departments as part of a mutual aid system, where appropriate, and encourages all other entities responsible for firefighting to recognize tribal firefighters as partners.
Tribal Gaming Compacts. RCRC supports the inclusion of GHG mitigation strategies in all new and renegotiated tribal gaming compacts as well as compliance with all other environmental regulations in all new and renegotiated tribal gaming compacts.
NATURAL RESOURCES
Disaster Funding. RCRC supports full funding of disaster relief for all eligible counties and opposes any changes to, or limitations upon, the eligibility for receipt of disaster costs. RCRC opposes tying county land use processes and decision-making to disaster relief funding. RCRC supports a return to State assistance for the local portion of the costs of state or federally declared disasters.
RCRC supports tying changes to the current system of enhanced reimbursement for disaster funding that require amendments to a county general plan to the timing of each county’s regular update of its general plan, rather than to a specific date. As to fire disaster specifically, RCRC opposes any requirement for enhanced reimbursement for fire disaster that mandates a central countywide fire authority or classifies volunteer or tribal firefighters differently than professional firefighters.
RCRC supports State tax relief for those individuals and businesses who have losses due to disaster. However, RCRC does not support any waiver or shifting of local tax revenues due to disasters.
Off-Highway Vehicles. RCRC supports the collaborative efforts of the Off-Highway Vehicles (OHV) stakeholders’ roundtable to resolve contentious issues. RCRC opposes the requirement for a local match in the OHV grant program.
ENDANGERED SPECIES Endangered Species Protection. RCRC supports efforts to streamline and modernize the State and federal Endangered Species Acts (ESAs), and the State’s Fully Protected Species Act, as well as efforts to clarify and simplify the process to de-list species from a protected status. RCRC supports an ecosystem approach as opposed to a species driven approach, in order to help balance species protection with the economic and social consequences that may result from such protection, including compliance costs. RCRC supports increased public collaboration throughout the development of “reasonable and prudent” measures during the ESA consultation, the National Environmental Policy Act, and the California Environmental Quality Act processes. 17
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RCRC opposes efforts to broaden critical habitat designations through amendments to the ESA. RCRC also opposes a baseline approach to the economic analysis for critical habitat, and instead supports an approach that considers all fiscal impacts related to the listing and subsequent critical habitat designations for a species.
RCRC supports revisions to state law to lessen the economic impacts of predation by State-listed endangered species on livestock and native wildlife by authorizing full and prompt compensation from the State to individuals for animal losses on private and public lands due to predation by State-protected species.
Resource-Based Fees. RCRC opposes the use of resource-based fees to balance the State budget.
FEDERAL LAND MANAGEMENT Public Land Management. RCRC supports a strong relationship with the federal government to integrate county policy into federal land management decisions and the involvement of local government in the public land use planning decisions at the earliest possible time. RCRC supports the emphasis on partnerships with local government, communities, and organizations demonstrated in the Forest Plan Revision process.
RCRC supports increased funding for public land management agencies to address deferred maintenance of infrastructure in forests, national parks, and reserves that rural counties depend on for tourism and recreation based economies.
USDA/California County Cooperative Wildlife Services. RCRC supports legislation and regulatory actions that allow wildlife management tools and/or methods that have proven effective; collaborative efforts to fund and complete CEQA documentation for all Wildlife Services in California; and restoration of State matching funds for county participation in federal Cooperative Wildlife Services programs.
FOREST MANAGEMENT Fire Prevention. RCRC supports realistic policy and regulatory reforms that balance environmental protection with the preservation of life and property and that lead to better mitigation of wildfires on federal, State, and private lands. RCRC supports finding solutions that will better protect our communities and the environment from the catastrophic effects of wildfire including detriments to air and water quality, loss of habitat, forced evacuations, and other devastating environmental and societal losses.
RCRC supports an increase in State and federal financial resources being put toward prevention either in grants to aid local agencies in the management of forestlands including preparation of fire managements plans, or in direct dollars spent towards “on-the-ground” projects.
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67 RCRC supports expansions including diameter limit increases, to existing exemptions from timber harvest plans for wildfire prevention vegetation management. Additionally, RCRC supports other practices to improve forest management and reduce wildfire risk within California’s forests, including the use of grazing in appropriate circumstances as another tool to reduce the risk of wildfire.
Community Wildfire Protection Plans. RCRC supports local collaboration between fire services, civic leaders, community citizens, and other stakeholders to develop Community Wildfire Protection Plans (CWPPs). RCRC supports a realistic approach to CWPPs that reflects actual on-the-ground conditions so that State and federal land management agencies will more heavily rely on them when determining project placement and expenditures.
Oak Woodlands. RCRC supports the conservation of oak woodlands but strongly believes that local planning authorities should control the protection of oak woodlands in areas of oak woodland scarcity, not through a State legislative mandate.
Timber Harvesting on Private Lands. RCRC opposes additional requirements that would further increase the cost of Timber Harvesting Plans (THPs) or make the approval process more onerous. RCRC supports efforts to reduce or streamline the regulations on private forest owners for vegetation management work for fire prevention. RCRC supports an increase to the diameter limit of existing THP exemptions for such purposes.
Tree Mortality. RCRC supports State and federal funding, as necessary and appropriate, for the continued removal and utilization of dead and dying trees.
LAND CONSERVATION Conservation Easements. RCRC supports a broader use of state-funded limited term conservation easements as opposed to permanent easements.
Invasive Species. RCRC supports State and federal funding to increase public awareness of invasive species as well as to facilitate their removal and reduce harmful economic and environmental impacts that result from the spread of these species.
Land Acquisition. RCRC supports the following key factors in any conservation acquisition: protection of property rights; willing buyer/willing seller; local land use authority; and the maintenance of productive working landscapes consistent with local land use plans. RCRC supports notifying local government that may be impacted when a conservation acquisition, in either fee title or an easement, is being considered.
Monuments. RCRC supports changes to the current monument designation system so that the creation of national monuments requires the approval and/or the oversight of Congress to allow for local government and public input prior to designation.
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68 Special Land Use Designation. RCRC supports multiple-use land designations for national forests and other federal lands. Where special land-use consideration is desirable, RCRC supports a five criteria evaluation: 1) Designations must be supported by local governments; 2) The permissive tools of land management must be capable of preserving and protecting the landscape’s natural features in perpetuity including protection from wildfire and disease and insect infestation; 3) Designations must be generally consistent with historical and current use; 4) Designations must contribute to the future anticipated demand for national forest and federal land uses; and, 5) A balance of diverse uses must be maintained within a reasonable geographic vicinity.
State Owned Land. RCRC supports reform of the current State land acquisition system, including a thorough analysis of existing holdings based upon criteria that is developed in accordance with each agency’s mission, goals and available resources.
WILDLIFE MANAGEMENT Wildlife Corridors. RCRC supports consideration of identified wildlife corridors in the development approval process to reduce the impacts of wildlife displacement. RCRC opposes identification of wildlife corridors that results in regulatory impacts on private landowners.
Wildlife Management. RCRC supports local, State, and federal wildlife management programs, as well as efforts by the County Agricultural Commissioners, to disseminate wildlife management educational information to the public. RCRC supports federal and State funding for wildlife management programs and continued research on wildlife and predator management.
PUBLIC SAFETY
Certified Unified Program Agencies. RCRC supports financial incentives for rural counties to operate Certified Unified Program Agencies (CUPAs), so that businesses in rural counties do not pay disproportionately high fees. Currently, only those counties with populations of less than 150,000 that were certified after January 1, 2000, receive the Rural CUPA Reimbursement pursuant to Section 25404.8 of the California Health and Safety Code (H&SC). RCRC supports the State additionally funding those rural counties that certified prior to January 1, 2000, in the same amounts as specified in H&SC Section 25404.8 (d). RCRC also supports the reduction of non-essential reporting by CUPAs and a reduction in State administrative fees.
Court Case Funding. RCRC supports continued State funding of the extraordinary costs of major homicide trials in rural counties and for court cases that have been initiated by the State of California in rural counties.
Criminal Justice Reform. RCRC Supports supports continued and appropriate State funding to counties for public safety programs and opposes efforts which place additional pressure on the county criminal justice system. RCRC supports efforts to 20
69 reform our state’s bail system, provided those reforms do not impose new or additional costs.
Early Release. RCRC supports careful assessment of the risk of re-offending before any early release from state custody, and full evaluation regarding rehabilitation and training programs that have occurred while in state custody. RCRC supports full disclosure to counties of results from risk and needs assessment prior to any release. RCRC opposes any proposals to reduce the prison population that do not include additional state resources provided to local governments in anticipation of increased law enforcement and probation supervision costs and a variety of new and complex social services demands.
Emergency Medical Services. RCRC supports direct participation by rural county supervisors in any Emergency Medical Services Authority (EMSA) proposal affecting the delivery of emergency medical services regardless if the county is serviced by a single county Local EMSA or a multi-county Regional EMSA (REMSA). RCRC supports adequate and continual State General Fund support for the REMSAs to ensure uniform levels of emergency medical care are available to residents and non-residents of rural areas.
Illegal Drugs – Methamphetamine. RCRC supports funding from federal and State sources to help counties combat methamphetamine production and provide services for recovery.
Legal Costs. RCRC supports state funding for counties’ district attorneys and public defenders for the cost of prosecuting/defending serious/violent felonies that have allegedly been committed at state prison facilities. RCRC also supports additional resources for counties, where there is a significant state prison population, to address the costs of detaining persons awaiting trial for crimes allegedly committed while in state prison.
Prison and Jail Health. RCRC opposes proposals that allow the State prison system to establish release policies for inmates in need of medical, mental health, substance abuse, or social services without commensurate local funding, consistent and appropriate discharge planning, coordination/cooperation with county Health and Human Services staff, and the assurance of local treatment capacity. RCRC supports the concept of ensuring that the application processes of inmates eligible for State Medi-Cal and/or other Health and Human Services programs funded by the State or the federal government are completed before the time of release.
RCRC supports the expansion of the use of telehealth and other distance health mechanisms by county facilities to reduce costs, and protect sheriff and local correctional officers and the public by minimizing or avoiding the transportation of inmates to healthcare facilities.
Safe and Secure Local Detention Facilities. RCRC supports State efforts to provide a funding mechanism and/or funding sources that provide financial 21
70 assistance to counties to construct new or rehabilitate existing local jail facilities. RCRC also supports establishing funding streams that provide rural counties the ability to compete for State funds within low-population groupings.
Social Services. RCRC supports full State funding for social services, mental health, and other health programs for state prison inmate parolees, as well as full funding for social services provided to inmate families, rather than allowing those services to fall to counties.
State Crime Laboratories. RCRC opposes efforts to impose and implement a fee schedule for counties when using forensic crime laboratories operated by the California Department of Justice.
Volunteer Firefighting. RCRC supports the right of counties to utilize volunteer firefighters and volunteer fire departments as the official structural fire protection resource for any areas within their counties. RCRC opposes any legislation or changes to regulations that would disadvantage any county that utilizes volunteer units. Additionally, RCRC supports the usage of volunteers as part of a mutual aid system, and encourages State and federal firefighters and land management agencies responsible for firefighting to recognize local volunteer firefighters as partners.
TELECOMMUNICATIONS
California Advanced Services Fund (CASF). RCRC supports the continuation of the CASF and reforms to the program that ensure flexibility and timely approval of grants. RCRC also supports changes to the program that require served broadband speeds that sustain commerce and economic development in rural areas.
“Dig Once.” RCRC supports a requirement that the State Department of Transportation (Caltrans) notifies entities and organizations that a right-of-way enhancement is to occur whereby broadband conduit could be installed in conjunction with the improvement of the right-of-way.
Emergency Systems. RCRC supports the establishment of a reliable dedicated, nationwide, interoperable public safety broadband network. RCRC also supports requiring all telecommunication providers to observe long standing emergency notification protocols for both the national Emergency Alert System and local emergency announcements.
High-Cost A/High-Cost B Funds. RCRC supports the continuation of both the High Cost A and High Cost B Funds. RCRC also supports efforts to allow High-Cost A funds to be utilized for the deployment of broadband in territories served by small carriers.
Landline Relinquishment. RCRC opposes efforts to enact state policies that would allow legacy phone carriers to relinquish landline telephone service without a 22
71 carefully crafted regulatory scheme that guarantees basic consumer protections over the replacement technology, including: (1) Equivalent, affordable, and reliable service must be retained; (2) The burden-of-proof towards viable relinquishment must fall upon the carrier with extensive regulatory review and local input; (3) Emergency- related services, including 9-1-1, must be secured in a 24 hours-per-day manner; and, (4) Assurances that monies saved from providing landline-based services are dedicated to upgrade services, including broadband deployment.
TRANSPORTATION
Aviation Funding. RCRC supports the continuation of State subsidies for general aviation airports in rural counties. RCRC supports reauthorization and implementation of federal aviation policy at the state level to ensure that California continues to receive and dedicate investments to support commercial and general aviation airports.
Development Planning. RCRC opposes the use of State transportation funds as an incentive or reward for adoption of prescribed land use principles and development plans by local governments. RCRC also opposes the diversion of dedicated transportation funds for housing and development purposes.
Federal Surface Transportation Act. RCRC supports a surface transportation policy focused on preservation and maintenance of the existing highway system including the secondary or rural highway network, and connectivity between local, regional, and statewide transportation systems. RCRC supports increased funding levels for the reauthorization of the Fixing America’s Surface Transportation Act and dedicated revenues for locally-owned bridges and high-risk rural roads. RCRC supports funding for public transportation and transit, as well as a sustainable revenues source to ensure the Highway Trust Fund is adequately funded and remains solvent. RCRC supports an equitable distribution of federal transportation funds to California and increased flexibility for Regional Transportation Planning Agencies as well as streamlining efforts to deliver projects more efficiently and effectively.
RCRC supports the establishment of a National Freight Program to target funding toward projects that help direct the movement of products throughout California and the nation and requiring funding be spent on the farm to market connectors and the roads that serve as alternatives to the Interstate system for large volume freight traffic.
State Highway Relinquishment. RCRC supports relinquishment of segments of State highways to local entities only when the segment does not negatively impact a 23
72 vital or primary inter-regional connection or when relinquishment would not disrupt the ability to transport people and goods efficiently from one region to another (i.e. from rural areas into urban areas). Relinquishment should only occur provided the impacted local agencies can absorb the ongoing costs of the segment.
Transportation Funding. RCRC supports the retention of a dedicated funding source at the local, State, and federal level for transportation programs to help maintain predictable annual revenues to enable rational long-term planning and decision making at the local, regional and State level. RCRC supports distribution formulas that recognize a statewide transportation network which includes rural highways, roads and bridges, and the disproportionate cost associated with rural roadway maintenance. RCRC supports exploring alternate funding structures to either replace or supplement the existing excise tax on motor vehicle fuels using sound data as it relates to the concerns and behavior of rural motorists.
Additionally, RCRC supports efforts to address prevailing wage requirements and contracting rules that have an increased cost on rural agencies.
VETERANS’ AFFAIRS
Access to Services. RCRC supports ensuring veterans have access to the services and benefits to which they are entitled including housing, healthcare, employment, education and training, and community reintegration assistance. RCRC also supports changes to the law that would allow specialized training completed during military service to qualify as training for non-military employment, where appropriate
County Veterans Service Officer Funding. RCRC supports full funding of the County Veterans Service Officer offices that provide assistance and outreach to California’s veterans.
Specialized Training Funding. RCRC supports full funding for state veterans’ programs, especially those that draw down a federal match. Additionally, RCRC supports county efforts to have full flexibility in creating opportunities and giving assistance to veterans in their communities, such as low or no-cost permitting for construction or business licensing.
MILITARY BASE CLOSURES Base Retention and Reuse. RCRC supports incentives for economic reuses that are developed in coordination with the impacted local government(s) should any military base facilities close. RCRC supports the placement of out-of-state realignments at existing California military facilities.
Toxic Cleanup. RCRC supports the swift cleanup of any toxic materials from bases that have already been closed in previous Base Realignment and Closure rounds to enable their economic reuse prior to any further base closures in California.
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73
WATER
Assurances/Water Rights/Area of Origin. RCRC opposes any programs or facilities implemented or constructed, and intended to improve Delta conditions, such as the Delta Plan or California WaterFix, that result in redirection of unmitigated, adverse impacts to the counties and watershed of origin. RCRC supports assurances to upstream water right and water entitlement holders that the operation of the State Water Project and Central Valley Project will ensure a stable supply of water to meet the needs of those areas upstream while also serving export interests and meeting requirements in the Delta. RCRC opposes requiring areas upstream from the Bay- Delta to mitigate impacts to the Bay-Delta that have been caused by the construction and operation of the SWP and CVP. RCRC opposes the application of regulatory authority, to senior water-right holders or water users relying on area of origin water rights.
Fees/Taxes. RCRC supports cost apportionment for the California WaterFix and California EcoRestore programs based on benefits received, with public trust and other public benefits paid for by General Obligation (GO) bond proceeds and/or state and federal general tax revenues. RCRC opposes general fee authority for any administrative entity including the Delta Stewardship Council (Council).
Water Infrastructure. RCRC supports all cost effective means of increasing California’s water supply that are consistent with these Policy Principles. RCRC supports significant new state and federal investment in our statewide infrastructure to help increase regional self-sufficiency for all regions of the State. RCRC supports the development of additional proposed surface storage projects if they are determined to be both feasible and economical. RCRC supports the “beneficiary pays” principle, meaning that beneficiaries who directly benefit from a specific project or program should pay for their proportional share of the costs of the project or program.
FLOOD MANAGEMENT Central Valley Flood Protection Plan. RCRC supports the development of regional plans to implement the Central Valley Flood Protection Plan that will present the local agencies' and public’s perspectives of flood management, and contain a prioritized list of feasible projects that need to be implemented to reduce flood risks in each region.
Development in Flood Prone Areas/Floodplain Mapping. RCRC supports federal funding for the continued updating of Federal Emergency Management Agency maps, supplemented by state maps, to assist local governments in better understanding the flood risks from reasonably foreseeable flooding.
Flood Control Funding. RCRC supports significant new state and/or federal investments in California’s flood control infrastructure including funding from the State General Fund and the issuance of General Obligation or Revenue Bonds, before 25
74 the State attempts to impose cost sharing fees/taxes. RCRC opposes the reduction and/or elimination of the State share of local flood control subventions and supports the reimbursement of past unpaid subventions to local government and local agencies.
National Flood Insurance Program. RCRC supports the creation of a new agricultural flood hazard area under the National Flood Insurance Program that allows for replacement and reinvestment in agricultural production, storage, and processing buildings and commercial and community structures in established agricultural areas and rural communities.
WATER QUALITY Federal Jurisdiction. RCRC also opposes any attempt via legislation, rulemaking, or policy issuance to change the Clean Water Act (CWA) to expand federal jurisdiction over wetlands and other water bodies with no physical nexus to federal navigable waters. RCRC supports efforts to streamline both the CWA and the federal Safe Drinking Water Act.
Non-Point Source and Wastewater Discharges. RCRC supports the scientific evaluation of water quality impacts from agricultural discharge and storm water runoff. RCRC supports efforts to reduce discharge monitoring and permit compliance requirements that do not provide significant improvement in water quality. RCRC supports the treatment and use of non-potable water to enhance potable water supplies for beneficial uses. However, we do not support state or federal mandates on businesses or local governments to reuse wastewater.
Onsite Wastewater Systems. RCRC opposes new regulatory requirements that restrict the use of onsite wastewater systems unless there is scientific evidence that such restrictions are needed to provide meaningful benefits to water quality.
Total Maximum Daily Loads. RCRC supports the integration of the Total Maximum Daily Load (TMDL) process with a local watershed approach to water quality improvement, combined with sustainable levels of state and federal funding and/or technical assistance. RCRC opposes multiple layering of TMDLs within watershed regions. RCRC opposes an exemption from the California Environmental Quality Act (CEQA) for TMDLs.
Watershed Management. RCRC supports local voluntary community-based collaborative watershed management planning and implementation as well as State and federal projects that improve forest watershed health.
Wetlands. RCRC opposes any proposed expansion of wetlands regulations by the State that inappropriately expand California’s jurisdiction or results in duplicative permitting or monitoring requirements.
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75 WATER SUPPLY Drought. RCRC supports modification of requirements that hinder conservation of currently stored water and that add flexibility to the operation of the State’s and federal water system while maintaining California’s water right priority system.
Groundwater. RCRC supports the management of groundwater at the local level. RCRC supports adequate state and federal technical and financial assistance for local agencies in order to either remediate groundwater overdraft or maintain groundwater levels at a safe yield. RCRC supports recharge as a beneficial use when done in accordance with an adopted Groundwater Sustainability Plan. RCRC supports the adoption of county ordinances to protect groundwater against overdraft from out-of-county exports.
Integrated Regional Water Management. RCRC supports state and federal funding assistance to regions so they can leverage local dollars to develop and implement Integrated Regional Water Management Plans.
Seawater and Brackish Water Desalination. RCRC supports seawater and brackish groundwater desalination where it is a viable option. Additionally, RCRC supports the streamlining of the approval process for these projects, and state and federal funding for needed research.
Urban Water Conservation/Agricultural Water Use Efficiency. RCRC supports flexible, incentive-based State and local urban water conservation and agricultural water use efficiency programs that are designed and implemented by locally-elected or appointed officials.
Water Recycling. RCRC supports increased utilization of recycled water and continued state and federal support through appropriate technical and financial assistance. RCRC supports crediting water that is developed through recycling toward local water use reduction goals.
Water Rights. RCRC supports the State’s existing water right and water right priority system.
Water Transfers. RCRC generally supports locally-approved, short-term water transfers between willing buyers and willing sellers as one way to meet short-term needs and maximize existing resources. RCRC supports long-term transfers that involve permanent fallowing/retirement of non-drainage impacted agricultural lands or provide for the substitution of groundwater for transferred surface water if they are designed with consideration of how the transfer might affect third parties, local groundwater resources, and the social and economic conditions in the county. RCRC supports use of water transfer revenues to provide local benefits, such as: flood protection; water supply; water conservation; water quality; maintenance of low water costs for local water users; and environmental enhancement.
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76
Informational Items
To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Maggie Chui, Senior Governmental Affairs Coordinator/Clerk of the Board Date: December 1, 2020 Re: November 2020 Election Results - Informational Item
Summary This memo summarizes the results in RCRC member counties for the statewide ballot measures that appeared on the November 3, 2020 General Election. California’s results of the Presidential race is also noted. The results are obtained from the Secretary of State’s tabulation as of November 30, 2020.
Background Californians casted votes on 12 statewide ballot measures at the November 3, 2020 General Election. Seven measures reached the ballot via the initiative process. Four measures were placed on the ballot by the Legislature, while one measure was referendum on a legislative item. In addition, California voters casted ballots for candidates for President.
The RCRC Board of Directors reviewed nine of the 12 ballot measures. The following list of ballot measures reflects action taken by the RCRC Board of Directors. The RCRC Board of Directors did not consider Proposition 14, Proposition 23, and Proposition 24.
PROPOSITIONS RCRC POSITION Proposition 15: The California Schools and Local OPPOSE Communities Funding Act (Split Roll) Proposition 16/ACA 5: Repeal of Proposition 209 of 1996 SUPPORT Proposition 17/ACA 6: Voting Rights of Convicted Felons OPPOSE Proposition 18/ACA 4: Age of Voting NEUTRAL Proposition 19/ACA 11: The Home Protection For Seniors, Severely Disabled, Families, and Victims of Wildfire OPPOSE Disasters Act Proposition 20: Reducing Crime and Keeping California SUPPORT Safe Act Proposition 21: Rental Affordability Act NO POSITION Proposition 22: Protect App-Based Drivers and Services NO POSITION Act Proposition 25: Senate Bill 10 – Bail Reform Referendum NO POSITION
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 77 Election Results
Statewide Ballot Measures Proposition 14: California Stem Cell Research, Treatments, and Cures Initiative of 2020 Act Proposition 14 would authorize $5.5 Billion in bonds to continue funding stem cell and other medical research. Proposition 14 was narrowly approved statewide with 51.1 percent of the vote. The measure secured passage in nine RCRC member counties: Alpine (57.4 percent); Imperial (56.2 percent); Mendocino (53.7 percent): Yolo (54.7 percent); Monterey (56.2 percent); Sonoma (54.3 percent); Napa (53 percent); San Benito (51.3 percent); and Lake (50.1 percent).
Proposition 15: The California Schools and Local Communities Funding Act (Split Roll) Proposition 15 would have reassessed commercial and industrial real property once- every-three years. Proposition 15 was rejected statewide with 48 percent supporting and 52 percent opposing. The measure was strongly rejected in RCRC member counties, with Lassen County voters casting the highest rejection rate at 78.8 percent. Among RCRC member counties, the measure secured passage in seven counties – Alpine, Humboldt, Imperial, Mendocino, Monterey, Sonoma, and Yolo Counties.
It should be noted that several non-RCRC member counties that stood to benefit greatly from Proposition 15 voted in the following manner:
YES: San Francisco (70.9 percent); Alameda (64.9 percent); Marin (61.5 percent); San Mateo (58.6 percent); Santa Cruz (58.4 percent); Santa Clara (55.6 percent); Contra Costa (54.8 percent); and Los Angeles (53.5 percent)
NO: Sacramento (45.9 percent); San Diego (44.1 percent); Ventura (42.6 percent); and Orange (39.5 percent)
Proposition 16: Repeal of Proposition 209 of 1996 Proposition 16 would have provided an opportunity for county governments to reassess their hiring and contracting practices to address racial inequities in their respective hiring/contracting practices. Proposition 16 was rejected statewide with 42.8 percent supporting and 57.2 percent opposing. The measure was rejected in all RCRC member counties.
Proposition 17: Voting Rights of Convicted Felons Proposition 17 would provide for the restoration of voting rights to convicted felons who remain on parole and have not completely fulfilled the terms of their sentence. Proposition 17 was approved statewide with 58.6 percent of the vote. The measure secured passage in 13 RCRC member counties: Sonoma (66.8 percent); Mendocino (63.2 percent); Alpine (64.4 percent); Yolo (62.1 percent); Humboldt (63 percent); Monterey (62.7 percent); Napa (60.7 percent); Lake (55.6 percent); Imperial (52.9 percent); Nevada (52.9 percent); San Benito (54 percent); Mono (54.4 percent); and San Luis Obispo (50.1 percent).
78 Proposition 18: Age of Voting Proposition 18 would have allowed 17-year-olds to vote in primaries if they become 18 years-old by the time of the General Election. Proposition 18 was rejected statewide with 44 percent supporting and 56 percent opposing. The measure was rejected in all RCRC member counties.
Proposition 19: The Home Protection For Seniors, Severely Disabled, Families, and Victims of Wildfire Disasters Act Proposition 19 would liberalize property tax base year transfers and inherited property. Proposition 19 was narrowly approved statewide with 51.1 percent of the vote. The measure secured passage in nine RCRC member counties: Lake (58.8 percent); Alpine (58.2 percent); Mendocino (55.6 percent); Monterey (57.1 percent); Sonoma (56.1 percent); Yolo (54.7 percent); Napa (55 percent); Imperial (54.3 percent); and San Benito (54.4 percent).
It should be noted that a number of non-RCRC member counties that stood to benefit from Proposition 19 voted in the following manner:
YES: San Francisco (60.2 percent); Alameda (57.8 percent); Contra Costa (57.6 percent); San Mateo (56.5 percent); Solano (57.4 percent); Santa Clara (55.6 percent); Santa Cruz (55.5 percent); Marin (55.1 percent); San Joaquin (51.5 percent); Sacramento (51.8 percent); San Diego (53.1 percent); Ventura* (50.3 percent); San Bernardino* (50.3 percent); and Los Angeles* (50.1 percent).
NO: Santa Barbara (53.8 percent); Orange (53.3 percent); and Riverside* (50.5 percent).
*Counties who voted below the statewide average of 51.1 percent.
Proposition 20: Reducing Crime and Keeping California Safe Act Proposition 20 would have, among other provisions, restricted parole for non-violent offenders, and authorized felony sentences for certain offenses currently treated as misdemeanors. Proposition 20 was rejected statewide with 38.3 percent supporting and 61.7 percent opposing. The measure was rejected in 30 of the 37 RCRC member counties. Among RCRC member counties, the measure secured passage Lassen (60.6 percent); Madera (53.9 percent); Tulare (53.4 percent); Shasta (52.9 percent); Modoc (52.8 percent); Glenn (51.3 percent); and Tehama (50.4 percent).
Proposition 21: Rental Affordability Act Proposition 21 would have addressed local government’s ability to impose rent control. Proposition 21 was rejected statewide with 40.2 percent supporting and 59.8 percent opposing. The measure was strongly rejected in all RCRC member counties, with Lassen County voters casting the highest rejection rate at 83.8 percent.
79 Proposition 22: Protect App-Based Drivers and Services Act Proposition 22 would enact labor and wage policies that are specific to app-based transportation and delivery drivers. Proposition 22 was approved statewide with 58.6 percent of the vote. Among RCRC member counties, only 3 rejected the measure: Alpine (56.1 percent); Humboldt (54.3 percent); and Mendocino (52.9 percent).
Proposition 23: Protect the Lives of Dialysis Patients Act Proposition 23 would have imposed various requirements on the operations of dialysis facilities. Proposition 23 was overwhelmingly rejected in all California counties with 36.6 percent supporting and 63.4 percent opposing.
Proposition 24: The California Privacy Rights and Enforcement Act Proposition 24 would strengthen financial penalties for violating consumer privacy laws. Proposition 24 was approved statewide with 56.2 percent of the vote. The measure secured passage in 11 RCRC member counties: Monterey (62.2 percent); Imperial (61.4 percent); San Benito (59.4 percent); Mendocino (56.2 percent); Lake (55.7 percent); Sonoma (55.6 percent); Napa (55.5 percent); Merced (54.5 percent); Yolo (53.4 percent); Humboldt (52.7 percent); and Mono (50.9 percent).
Proposition 25: Senate Bill 10 – Bail Reform Referendum Proposition 25 overturns Senate Bill 10 (Hertzberg, 2018). SB 10 replaces the money bail system with a system for pretrial release based upon individualized risk assessments. Proposition 25 was rejected statewide with 43.6 percent supporting and 56.4 percent opposing. The measure was rejected in a majority of RCRC member counties. The measure secured passage in the following RCRC member counties: Sonoma (54.4 percent); Mendocino County (52.5 percent); and Alpine (55.1 percent). Among RCRC member counties, 3 counties voted higher than the 43.7 percent statewide average, but remained under 50 percent: Monterey (47.8 percent); Humboldt (47.7 percent); and Lake (48.4 percent).
So Goes San Benito/Napa County, So Goes the State... In recent years, either San Benito County and/or Napa County have acted as California’s bellwether for ballot measures. In November 2020, San Benito and Napa Counties’ voters fully reflected the voting sentiments of the state. Napa County met the “expectation” of voting within a 1 percent margin of the statewide vote for Proposition 16 and and Proposition 24. San Benito County met the expectation for Proposition 14, Proposition 20, and Proposition 23.
Propositions State - Yes Napa - Yes San Benito - Yes Proposition 14 51% 53% 51.3% Proposition 15 48% 49.2% 42.8% Proposition 16 42.8% 43.1% 37.3% Proposition 17 58.6% 60.7% 54% Proposition 18 44% 45.4% 38.1% Proposition 19 51.1% 55% 54.4% Proposition 20 38.3% 36.6% 38.8% Proposition 21 40.2% 38.1% 37.3%
80 Propositions State - Yes Napa - Yes San Benito - Yes Proposition 22 58.6% 56.5% 56.5% Proposition 23 36.6% 31.3% 37.3% Proposition 24 56.2% 55.5% 59.4% Proposition 25 43.6% 49% 38.2%
Presidential Race Democrat former Vice President Joe Biden overwhelming carried California with 63.5 percent of the statewide vote over Republican President Donald Trump. The following RCRC member counties voted:
Biden: 15 counties provided Biden with majority support – Alpine (64.7 percent); Humboldt (65.2 percent); Imperial (61.3 percent); Inyo (48.9 percent); Lake (62.3 percent); Mendocino (66.4 percent); Merced (54.1 percent); Mono (59.6 percent); Monterey (69.5 percent); Napa (69.1 percent); Nevada (56.2 percent); San Benito (61.1 percent); San Luis Obispo (55.3 percent); Sonoma (74.5 percent); and Yolo (69.5 percent).
Only one county provided Biden with plurality support – Butte (49.4 percent)
Trump: 21 counties provided Trump with majority support – Amador (60.9 percent); Calaveras (61 percent); Colusa (57.3 percent); Del Norte (56.4 percent); El Dorado (53.2 percent); Glenn (62.7 percent); Lassen (74.7 percent); Madera (54.7 percent); Mariposa (57.9 percent); Modoc (71.7 percent); Placer (52.1 percent) Plumas (57.3 percent); Shasta (65.4 percent); Sierra (59.2 percent); Siskiyou (56.7 percent); Sutter (57.2 percent); Tehama (66.7 percent); Trinity (50.9 percent); Tulare (52.8 percent); Tuolumne (58.2 percent); and Yuba (59.3 percent).
Attachment Maps of Ballot Measures
81 82 Proposition 14 Bonds to Continue Stem Cell Research
STATEWIDE VOTES %
YES 8,565,299 51.1%
NO 8,199,146 48.9%
As of November 30, 2020 Source: California Secretary of State 83 Proposition 15 Property Tax to Fund Schools, Government Services
STATEWIDE VOTES %
YES 8,170,995 48.0%
NO 8,860,457 52.0%
As of November 30, 2020 Source: California Secretary of State 84 Proposition 16 Repeal of Proposition 209 of 1996
STATEWIDE VOTES %
YES 7,200,530 42.8%
NO 9,625,768 57.2%
As of November 30, 2020 Source: California Secretary of State 85 Proposition 17 Voting Rights of Convicted Felons
STATEWIDE VOTES %
YES 9,959,955 58.6%
NO 7,047,723 41.4%
As of November 30, 2020 Source: California Secretary of State 86 Proposition 18 Age of Voting
STATEWIDE VOTES %
YES 7,496,108 44.0%
NO 9,548,765 56.0%
As of November 30, 2020 Source: California Secretary of State 87 Proposition 19 The Home Protection For Seniors, Severely Disabled, Families, and Victims of Wildfire Disasters Act
STATEWIDE VOTES %
YES 8,521,688 51.1%
NO 8,154,228 48.9%
As of November 30, 2020 Source: California Secretary of State 88 Proposition 20 Reducing Crime and Keeping California Safe Act
STATEWIDE VOTES %
YES 6,366,871 38.3%
NO 10,267,028 61.7%
As of November 30, 2020 Source: California Secretary of State 89 Proposition 21 Rental Affordability Act
STATEWIDE VOTES %
YES 6,753,941 40.2%
NO 10,066,221 59.8%
As of November 30, 2020 Source: California Secretary of State 90 Proposition 22 Protect App-Based Drivers and Services Act
STATEWIDE VOTES %
YES 9,931,508 58.6%
NO 7,008,106 41.4%
As of November 30, 2020 Source: California Secretary of State 91 Proposition 23 Protect the Lives of Dialysis Patients Act
STATEWIDE VOTES %
YES 6,143,157 36.6%
NO 10,656,141 63.4%
As of November 30, 2020 Source: California Secretary of State 92 Proposition 24 The California Privacy Rights and Enforcement Act
STATEWIDE VOTES %
YES 9,358,177 56.2%
NO 7,286,080 43.8%
As of November 30, 2020 Source: California Secretary of State 93 Proposition 25 Senate Bill 10 – Bail Reform Referendum
STATEWIDE VOTES %
YES 7,212,873 43.6%
NO 9,329,661 56.4%
As of November 30, 2020 Source: California Secretary of State 94 To: Members of the RCRC Board of Directors From: Paul A. Smith, Senior Vice President Governmental Affairs Date: December 1, 2020 Re: New Laws for 2021 – County Administration – Informational Item
Summary This memo provides information on recently-enacted laws that impact many of the administrative functions of County Boards of Supervisors.
Background Each year, the Legislature enacts a number of measures which impact the day-to-day operations and responsibilities of County Boards of Supervisors and county managers. There were a number of measures enacted in 2020 that impose new requirements for County Boards of Supervisors, most of them effective on January 1, 2021.
Issue The following list of recently-enacted bills are slated to take effect on January 1, 2021 (unless indicated otherwise):
Assembly Bill 1185 (McCarty) – Sheriff Oversight AB 1185 authorizes a county to establish a Sheriff Oversight Board and an Inspector General's office to assist the County Board of Supervisors, either by action of the County Board of Supervisors or a vote of county residents. AB 1185 further authorizes those entities to issue a subpoena whenever they deem it necessary or important.
Senate Bill 970 (Umberg) – Statewide Primary Election SB 970 moves the statewide primary election to the first Tuesday after the first Monday in June during gubernatorial election years. The statewide primary election remains in March for presidential years.
Senate Bill 1159 (Hill & Daly) – Workers’ Compensation SB 1149 provides for a number of revisions to workers’ compensation law including the creation of new workers’ compensation presumptions relating to COVID-19 exposure.
Assembly Bill 685 (Reyes) – Employer Notification AB 685 requires an employer to provide a written notice to employees and others if the employer is notified that an employee has had COVID-19 exposure at the worksite.
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 95 Assembly Bill 1976 (Eggman) – Laura’s Law AB 1976 converts Laura's Law – a court-ordered outpatient treatment program for the mentally ill - from a county opt-in, to a county opt-out.
Assembly Bill 992 (Mullin) – Brown Act AB 992 addresses the effect of the Brown Act on local officials' use of social media. Specifically, the bill clarifies the rules under the Ralph M. Brown Act relating to serial communications by a majority of a local legislative body's members, if they are using social media in specified ways.
Assembly Bill 2151 (Gallagher & Gonzalez) – Campaign Finance Filings AB 2151 requires local governments to post campaign finance filings on their website. Specifically, the bill requires a local governmental agency that receives campaign finance disclosure filings in paper format to post copies of the paper filings on its internet website within 72 hours of the filing deadline.
Assembly Bill 732 (Bonta) - Pregnant County Jail Inmates AB 732 requires operators of jails and prisons to offer inmates who are possibly pregnant or capable of becoming pregnant a pregnancy test, and requires specified medical treatment and services for county jail and state prison inmates who are pregnant.
Assembly Bill 846 (Burke) - Law Enforcement Evaluations AB 846 requires that evaluations of peace officers include an evaluation of bias against ethnicity, gender, nationality, religion, disability, or sexual orientation. The bill also requires every department or agency that employs peace officers to review their job descriptions and deemphasize the paramilitary aspects of employment and place more emphasis on community interaction.
Assembly Bill 1561 (Cristina Garcia) – Development Approvals AB 1561 extends by 18 months the time frame for the expiration of a housing entitlement for any housing entitlement that was issued prior to, and was in effect on, March 4, 2020, and will expire prior to December 31, 2021. The bill also requires cities/counties to evaluate the impact of government actions on the cost of housing and associated impacts to minority communities.
Assembly Bill 2257 (Gonzalez) – Independent Contractors AB 2257 authorizes public agencies to use the "business-to-business" independent contractor exemptions. This bill was enacted following the adoption of last year’s AB 5 (Gonzalez) which codified a number of restrictions on the use of independent contractors in both public and private sector.
Staff Recommendation Information only. RCRC staff encourages members of the RCRC Board of Directors to review and share the contents of the referenced bills with their County Board of Supervisor colleagues and senior county staff in order to be prepared for new functions, options and responsibilities.
96 Attachments Copy of Assembly Bill 1185 Copy of Senate Bill 970 Copy of Senate Bill 1159 Copy of Assembly Bill 685 Copy of Assembly Bill 1976 Copy of Assembly Bill 992 Copy of Assembly Bill 2151 Copy of Assembly Bill 732 Copy of Assembly Bill 846 Copy of Assembly Bill 1561 Copy of Assembly Bill 2257
97 98 Assembly Bill No. 1185
CHAPTER 342
An act to add Section 25303.7 to the Government Code, relating to counties.
[Approved by Governor September 30, 2020. Filed with Secretary of State September 30, 2020.]
legislative counsel’s digest AB 1185, McCarty. County board of supervisors: sheriff oversight. Existing law establishes the of®ce of the sheriff in each county to preserve peace, and authorizes the sheriff to sponsor, supervise, or participate in any project of crime prevention, rehabilitation of persons previously convicted of crime, or the suppression of delinquency. Existing law requires a board of supervisors to supervise the of®cial conduct of all county of®cers and ensure that they faithfully perform their duties. This bill would authorize a county to establish a sheriff oversight board to assist the board of supervisors with those duties as they relate to the sheriff, either by action of the board of supervisors or through a vote of county residents. This bill would authorize a county, either by action of the board of supervisors or through a vote of county residents, to establish an of®ce of the inspector general to assist the board of supervisors with these duties as they relate to the sheriff. The bill would authorize the chair of the oversight board and the inspector general to issue a subpoena or subpoena duces tecum when deemed necessary to investigate a matter within their jurisdiction.
The people of the State of California do enact as follows:
SECTION 1. Section 25303.7 is added to the Government Code, to read: 25303.7. (a) (1) A county may create a sheriff oversight board, either by action of the board of supervisors or through a vote of county residents, comprised of civilians to assist the board of supervisors with its duties required pursuant to Section 25303 that relate to the sheriff. (2) The members of the sheriff oversight board shall be appointed by the board of supervisors. The board of supervisors shall designate one member to serve as the chairperson of the board. (b) (1) The chair of the sheriff oversight board shall issue a subpoena or subpoena duces tecum in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure whenever the board deems it necessary or important to examine the following:
96
99 Ch. 342 Ð 2 Ð
(A) Any person as a witness upon any subject matter within the jurisdiction of the board. (B) Any of®cer of the county in relation to the discharge of their of®cial duties on behalf of the sheriff's department. (C) Any books, papers, or documents in the possession of or under the control of a person or of®cer relating to the affairs of the sheriff's department. (2) A subpoena shall be served in accordance with Sections 1987 and 1988 of the Code of Civil Procedure. (3) (A) If a witness fails to attend, or in the case of a subpoena duces tecum, if an item is not produced as set forth therein, the chair or the chair authorized deputy issuing the subpoena upon proof of service thereof may certify the facts to the superior court in the county of the board. (B) The court shall thereupon issue an order directing the person to appear before the court and show cause why they should not be ordered to comply with the subpoena. The order and a copy of the certi®ed statement shall be served on the person and the court shall have jurisdiction of the matter. (C) The same proceedings shall be had, the same penalties imposed, and the person charged may purge themself of the contempt in the same way as in a case of a person who has committed a contempt in the trial of a civil action before a superior court. (c) (1) A county, through action of the board of supervisors or vote by county residents, may establish an of®ce of the inspector general, appointed by the board of supervisors, to assist the board of supervisors with its duties required pursuant to Section 25303 that relate to the sheriff. (2) The inspector general shall have the independent authority to issue a subpoena or subpoena duces tecum subject to the procedure provided in subdivision (b). (d) The exercise of powers under this section or other investigative functions performed by a board of supervisors, sheriff oversight board, or inspector general vested with oversight responsibility for the sheriff shall not be considered to obstruct the investigative functions of the sheriff.
O
96
100 Senate Bill No. 970
CHAPTER 111
An act to amend Sections 316, 340, 1000, 1001, 1201, and 1202 of the Elections Code, relating to elections.
[Approved by Governor September 18, 2020. Filed with Secretary of State September 18, 2020.]
legislative counsel’s digest SB 970, Umberg. Primary election date. Existing law requires that the statewide direct primary be held on the ®rst Tuesday after the ®rst Monday in March in each even-numbered year. Existing law requires that the presidential primary be held on that same date in any year that is evenly divisible by 4. This bill would change the date of the statewide direct primary to the ®rst Tuesday after the ®rst Monday in June in even-numbered years in which there is no presidential primary.
The people of the State of California do enact as follows:
SECTION 1. The Legislature ®nds and declares all of the following: (a) California voters approved the Voters FIRST Act in 2008 and the Voters FIRST Act for Congress in 2010, which together established the Citizens Redistricting Commission and made the commission responsible for adjusting the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts based on the federal decennial census and in conformity with standards set forth in both the federal and state constitutions. (b) The commission is required to conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines. That process includes holding public hearings both before and after releasing draft and ®nal plans and providing adequate public comment periods after any plans are released. (c) The commission cannot draw new district lines until it receives census data from the United States Census Bureau. Due to the COVID-19 pandemic, the United States Census Bureau has announced that release of census data to California will be delayed up to four months to July 31, 2021. As a result, the commission will not have suf®cient time to undertake the redistricting process as required by the Voters FIRST Act and the Voters FIRST Act for Congress and to approve new district boundaries that will be in place in time for a statewide direct primary election held in March 2022. Therefore,
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101 Ch. 111 Ð 2 Ð the Legislature ®nds that the 2022 statewide direct primary election must be moved back to June 7, 2022. SEC. 2. Section 316 of the Elections Code is amended to read: 316. ªDirect primaryº is the primary election held on the ®rst Tuesday after the ®rst Monday in June in each even-numbered year that is not evenly divisible by four and on the ®rst Tuesday after the ®rst Monday in March in each even-numbered year that is evenly divisible by four. SEC. 3. Section 340 of the Elections Code is amended to read: 340. ªPresidential primaryº is the primary election that is held on the ®rst Tuesday after the ®rst Monday in March of any year that is evenly divisible by four. SEC. 4. Section 1000 of the Elections Code is amended to read: 1000. The established election dates are as follows: (a) The ®rst Tuesday after the ®rst Monday in March of each even-numbered year that is evenly divisible by four. (b) The ®rst Tuesday after the ®rst Monday in March of each odd-numbered year. (c) The second Tuesday of April in each even-numbered year. (d) The ®rst Tuesday after the ®rst Monday in June in each even-numbered year that is not evenly divisible by four. (e) The ®rst Tuesday after the ®rst Monday in November of each year. SEC. 5. Section 1001 of the Elections Code is amended to read: 1001. The following are statewide elections and their dates are statewide election dates: (a) An election held in November of an even-numbered year. (b) An election held in June of an even-numbered year that is not evenly divisible by four and in March of each even-numbered year that is evenly divisible by four. SEC. 6. Section 1201 of the Elections Code is amended to read: 1201. The statewide direct primary shall be held on the ®rst Tuesday after the ®rst Monday in June of each even-numbered year that is not evenly divisible by four and on the ®rst Tuesday after the ®rst Monday in March in each even-numbered year that is evenly divisible by four. SEC. 7. Section 1202 of the Elections Code is amended to read: 1202. The presidential primary shall be consolidated with the statewide direct primary in any year that is evenly divisible by four, and the consolidated primary shall be held on the ®rst Tuesday after the ®rst Monday in March.
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102 Senate Bill No. 1159
CHAPTER 85
An act to add Section 77.8 to, and to add and repeal Sections 3212.86, 3212.87, and 3212.88 of, the Labor Code, relating to workers' compensation, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 17, 2020. Filed with Secretary of State September 17, 2020.]
legislative counsel’s digest SB 1159, Hill. Workers' compensation: COVID-19: critical workers. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee, as de®ned, for injuries sustained in the course of employment. Existing law creates a disputable presumption that speci®ed injuries sustained in the course of employment of a speci®ed member of law enforcement or a speci®ed ®rst responder arose out of and in the course of the employment. Existing law governs the procedures for ®ling a claim for workers' compensation, including ®ling a claim form, and provides that an injury is presumed compensable if liability is not rejected within 90 days after the claim form is ®led, as speci®ed. Existing case law provides for how certain presumptions may be rebutted. This bill would de®ne ªinjuryº for an employee to include illness or death resulting from the 2019 novel coronavirus disease (COVID-19) under speci®ed circumstances, until January 1, 2023. The bill would create a disputable presumption, as speci®ed, that the injury arose out of and in the course of the employment and is compensable, for speci®ed dates of injury. The bill would limit the applicability of the presumption under certain circumstances. The bill would require an employee to exhaust their paid sick leave bene®ts and meet speci®ed certi®cation requirements before receiving any temporary disability bene®ts or, for police of®cers, ®re®ghters, and other speci®ed employees, a leave of absence. The bill would also make a claim relating to a COVID-19 illness presumptively compensable, as described above, after 30 days or 45 days, rather than 90 days. Until January 1, 2023, the bill would allow for a presumption of injury for all employees whose fellow employees at their place of employment experience speci®ed levels of positive testing, and whose employer has 5 or more employees. This bill would require the Commission on Health and Safety and Workers' Compensation to conduct a study of the impacts of COVID-19 and the speci®c presumptions created by this bill and report its ®ndings to the Legislature and the Governor, as speci®ed. This bill would declare that it is to take effect immediately as an urgency statute.
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103 Ch. 85 Ð 2 Ð
The people of the State of California do enact as follows:
SECTION 1. Section 77.8 is added to the Labor Code, to read: 77.8. The Commission on Health and Safety and Workers' Compensation shall conduct a study of the impacts claims of COVID-19 have had on the workers' compensation system, including overall impacts on indemnity bene®ts, medical bene®ts, and death bene®ts, including differences in the impacts across differing occupational groups, and including the effect of Sections 3212.87 and 3212.88. A preliminary report or a ®nal report shall be delivered to the Legislature, pursuant to Section 9795 of the Government Code, and the Governor by December 31, 2021, and the ®nal report shall be delivered to the Legislature, pursuant to Section 9795 of the Government Code, and the Governor no later than April 30, 2022. SEC. 2. Section 3212.86 is added to the Labor Code, immediately following Section 3212.85, to read: 3212.86. (a) This section applies to any employee with a COVID-19-related illness. (b) The term ªinjury,º as used in this division, includes illness or death resulting from COVID-19 if both of the following circumstances apply: (1) The employee has tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment at the employer's direction. (2) The day referenced in paragraph (1) on which the employee performed labor or services at the employee's place of employment at the employer's direction was on or after March 19, 2020, and on or before July 5, 2020. The date of injury shall be the last date the employee performed labor or services at the employee's place of employment at the employer's direction. (3) If paragraph (1) is satis®ed through a diagnosis of COVID-19, the diagnosis was done by a licensed physician and surgeon holding an M.D. or D.O. degree or state licensed physician assistant or nurse practitioner, acting under the review or supervision of a physician and surgeon pursuant to standardized procedures or protocols within their lawfully authorized scope of practice, and that diagnosis is con®rmed by testing or by a COVID-19 serologic test within 30 days of the date of the diagnosis. (c) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death bene®ts, as provided by this division. (d) (1) If an employee has paid sick leave bene®ts speci®cally available in response to COVID-19, those bene®ts shall be used and exhausted before any temporary disability bene®ts or bene®ts under Section 4800, 4800.5, or 4850 are due and payable. If an employee does not have those sick leave bene®ts, the employee shall be provided temporary disability bene®ts or Section 4800, 4800.5, or 4850 bene®ts, if applicable, from the date of disability. There shall not be a waiting period for temporary disability bene®ts.
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(2) To qualify for temporary disability or Section 4800, 4800.5, or 4850 bene®ts under this section, an employee shall satisfy either of the following: (A) If the employee has tested positive or is diagnosed with COVID-19 on or after May 6, 2020, the employee shall be certi®ed for temporary disability within the ®rst 15 days after the initial diagnosis, and shall be recerti®ed for temporary disability every 15 days thereafter, for the ®rst 45 days following diagnosis. (B) If the employee has tested positive or was diagnosed with COVID-19 before May 6, 2020, the employee shall have obtained a certi®cation, no later than May 21, 2020, documenting the period for which the employee was temporarily disabled and unable to work, and shall be recerti®ed for temporary disability every 15 days thereafter, for the ®rst 45 days following diagnosis. (3) An employee shall be certi®ed for temporary disability by a physician holding a physician's and surgeon's license issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. If the employee has a predesignated physician pursuant to subdivision (d) of Section 4600, is covered by a medical provider network pursuant to Article 2.3 (commencing with Section 4616) of Chapter 2 of Part 2, is covered by a workers' compensation health care organization pursuant to Article 2 (commencing with Section 4600) of Chapter 2 of Part 2, or is covered by a group health plan, the certifying physician shall be a physician and surgeon in that network, organization, or plan. Otherwise, the certifying physician may be a physician and surgeon of the employee's choosing. (e) An injury described in subdivision (b) is presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to ®nd in accordance with the presumption. (f) Notwithstanding Section 5402, if liability for a claim of a COVID-19-related illness is not rejected within 30 days after the date the claim form is ®led pursuant to Section 5401, the illness shall be presumed compensable. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 30-day period. (g) The Department of Industrial Relations shall waive the right to collect any death bene®t payment due pursuant to Section 4706.5 arising out of claims covered by this section. (h) This section applies to all pending matters except as otherwise speci®ed, including, but not limited to, pending claims relying on Executive Order N-62-20. This section is not a basis to rescind, alter, amend, or reopen any ®nal award of workers' compensation bene®ts. (i) For purposes of this section: (1) ªCOVID-19º means the 2019 novel coronavirus disease. (2) ªPlace of employmentº does not include an employee's residence. (j) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. SEC. 3. Section 3212.87 is added to the Labor Code, to read:
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105 Ch. 85 Ð 4 Ð
3212.87. (a) This section applies to the following employees: (1) Active ®re®ghting members, whether volunteers, partly paid, or fully paid, of all of the following ®re departments: (A) A ®re department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A ®re department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or ®re®ghting department or unit. (2) Active ®re®ghting members of a ®re department that serves a United States Department of Defense installation and who are certi®ed by the United States Department of Defense as meeting its standards for ®re®ghters. (3) Active ®re®ghting members of a ®re department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (4) Active ®re®ghting members of a ®re department that provides ®re protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.5) of Subchapter G of Chapter 1 of Title 14 of the Federal Code of Regulations and are trained and certi®ed by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations (5) Peace of®cers, as de®ned in Section 830.1 of the Penal Code, subdivisions (a), (b), (e), (f), and (h) of Section 830.2 of the Penal Code, subdivision (a) of Section 830.3 of the Penal Code, subdivisions (a) and (b) of Section 830.37 of the Penal Code, subdivisions (a) and (b) of Section 830.5 of the Penal Code, and subdivision (a) of Section 830.53 of the Penal Code, who are primarily engaged in active law enforcement activities. (6) (A) Fire and rescue services coordinators who work for the Of®ce of Emergency Services. (B) For purposes of this paragraph, ª®re and rescue services coordinatorsº means coordinators with any of the following job classi®cations: coordinator, senior coordinator, or chief coordinator. (7) An employee who provides direct patient care, or a custodial employee in contact with COVID-19 patients, who works at a health facility. For the purposes of this subdivision, ªhealth facilityº means a health facility as de®ned in subdivision (a), (b), (c), (m), or (n) of Section 1250 of the Health and Safety Code. (8) An authorized registered nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, as described in Chapter 2 (commencing with Section 1797.50) of Division 2.5 of the Health and Safety Code. (9) An employee who provides direct patient care for a home health agency, as de®ned under Section 1727 of the Health and Safety Code. (10) Employees of health facilities, other than those described in paragraph (7). For these employees, the presumption shall not apply if the
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106 Ð 5 Ð Ch. 85 employer can establish that the employee did not have contact with a health facility patient within the last 14 days who tested positive for COVID-19. If it is determined that the presumption does not apply, the claim shall be evaluated pursuant to Sections 3202.5 and 3600. For the purposes of this subdivision, ªhealth facilityº means a health facility, as de®ned in subdivision (a), (b), (c), (m), or (n) of Section 1250 of the Health and Safety Code. (11) A provider of in-home supportive services under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and 14132.956 of, the Welfare and Institutions Code, when they provide the in-home supportive services outside their own home or residence. (b) The term ªinjury,º as used in this division, includes illness or death resulting from COVID-19 if all of the following circumstances apply: (1) The employee has tested positive for COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment at the employer's direction. (2) The day referenced in paragraph (1), on which the employee performed labor or services at the employee's place of employment at the employer's direction, was on or after July 6, 2020. The date of injury shall be the last date the employee performed labor or services at the employee's place of employment at the employer's direction prior to the positive test. (c) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death bene®ts, as provided by this division. (d) If an employee has paid sick leave bene®ts speci®cally available in response to COVID-19, those bene®ts shall be used and exhausted before any temporary disability bene®ts or bene®ts under Section 4800, 4800.5, or 4850 are due and payable. If an employee does not have those sick leave bene®ts, the employee shall be provided temporary disability bene®ts or Section 4850 bene®ts, if applicable, from the date of disability. There shall not be a waiting period for temporary disability bene®ts. (e) An injury described in subdivision (b) is presumed to arise out of and in the course of the employment, except as provided in this subdivision. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to ®nd in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 14 days, commencing with the last date actually worked in the speci®ed capacity at the employee's place of employment as described in subdivision (b). (f) Notwithstanding Section 5402, if liability for a claim of a COVID-19-related illness is not rejected within 30 days after the date the claim form is ®led pursuant to Section 5401, the illness shall be presumed compensable. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 30-day period.
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(g) The Department of Industrial Relations shall waive the right to collect any death bene®t payment due pursuant to Section 4706.5 arising out of claims covered by this section. (h) This section applies to all pending matters, unless otherwise speci®ed in this section, but shall not be a basis to rescind, alter, amend, or reopen any ®nal award of workers' compensation bene®ts. (i) For purposes of this section: (1) ªCOVID-19º means the 2019 novel coronavirus disease. (2) Unless otherwise indicated, ªtestº or ªtestingº means a PCR (Polymerase Chain Reaction) test approved for use or approved for emergency use by the United States Food and Drug Administration to detect the presence of viral RNA. ªTestº or ªtestingº does not include serologic testing, also known as antibody testing. ªTestº or ªtestingº may include any other viral culture test approved for use or approved for emergency use by the United States Food and Drug Administration to detect the presence of viral RNA which has the same or higher sensitivity and speci®city as the PCR Test. (3) An ªemployee's place of employmentº does not include an employee's home or residence. (j) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. SEC. 4. Section 3212.88 is added to the Labor Code, to read: 3212.88. (a) This section applies to employees who are not described in Section 3212.87, who test positive during an outbreak at the employee's speci®c place of employment, and whose employer has ®ve or more employees. (b) The term ªinjury,º as used in this division, includes illness or death resulting from COVID-19 if all of the following circumstances apply: (1) The employee tests positive for COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment at the employer's direction. (2) The day referenced in paragraph (1) on which the employee performed labor or services at the employee's place of employment at the employer's direction was on or after July 6, 2020. The date of injury shall be the last date the employee performed labor or services at the employee's place of employment at the employer's direction prior to the positive test. (3) The employee's positive test occurred during a period of an outbreak at the employee's speci®c place of employment. (c) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death bene®ts, as provided by this division. (d) If an employee has paid sick leave bene®ts speci®cally available in response to COVID-19, those bene®ts shall be used and exhausted before any temporary disability bene®ts, bene®ts under Section 4800, 4800.5, or 4850 or Section 44977, 44984, 45192, 45196, 87780, 87787, 88192, or 88196 of the Education Code are due and payable. If an employee does not have those sick leave bene®ts, the employee shall be provided temporary
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108 Ð 7 Ð Ch. 85 disability bene®ts or Section 4850 bene®ts, if applicable, from the date of disability. There shall not be a waiting period for temporary disability bene®ts. (e) (1) An injury described in subdivision (b) is presumed to arise out of and in the course of the employment, except as provided in this subdivision. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to ®nd in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 14 days, commencing with the last date actually worked in the speci®ed capacity at the employee's place of employment. This section does not affect an employee's rights to compensation for an injury or illness under this division in accordance with a preponderance of evidence. (2) Evidence relevant to controverting the presumption may include, but is not limited to, evidence of measures in place to reduce potential transmission of COVID-19 in the employee's place of employment and evidence of an employee's nonoccupational risks of COVID-19 infection. (f) Notwithstanding Section 5402, if liability for a claim of a COVID-19-related illness is not rejected within 45 days after the date the claim form is ®led pursuant to Section 5401, the illness shall be presumed compensable. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 45-day period. (g) The Department of Industrial Relations shall waive the right to collect any death bene®t payment due pursuant to Section 4706.5 arising out of claims covered by this section. (h) This section applies to all pending matters, unless otherwise speci®ed in this section, but is not a basis to rescind, alter, amend, or reopen any ®nal award of workers' compensation bene®ts. (i) When the employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer shall report to their claims administrator in writing via electronic mail or facsimile within three business days all of the following: (1) An employee has tested positive. For purposes of this reporting, the employer shall not provide any personally identi®able information regarding the employee who tested positive for COVID-19 unless the employee asserts the infection is work related or has ®led a claim form pursuant to Section 5401. (2) The date that the employee tests positive, which is the date the specimen was collected for testing. (3) The speci®c address or addresses of the employee's speci®c place of employment during the 14-day period preceding the date of the employee's positive test. (4) The highest number of employees who reported to work at the employee's speci®c place of employment in the 45-day period preceding the last day the employee worked at each speci®c place of employment. (j) An employer or other person acting on behalf of an employer who intentionally submits false or misleading information or fails to submit
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109 Ch. 85 Ð 8 Ð information when reporting pursuant to subdivision (i) is subject to a civil penalty in the amount of up to ten thousand dollars ($10,000) to be assessed by the Labor Commissioner. (1) If, upon inspection or investigation, the Labor Commissioner determines that an employer or other person has intentionally submitted false or misleading information in violation of subdivision (i), the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally, in the same manner as provided for service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, by certi®ed mail with return receipt requested, or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. (2) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, they shall, within 15 business days after service of the citation, notify the of®ce of the Labor Commissioner which appears on the citation of their request for an informal hearing. The Labor Commissioner or their deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty shall be af®rmed, modi®ed, or dismissed. The decision of the Labor Commissioner shall consist of a notice of ®ndings, ®ndings, and order which shall be served on all parties to the hearing within 15 days after the hearing by regular ®rst-class mail at the last known address of the party on ®le with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the ®ndings and written ®ndings and order have been mailed to the party assessed. A writ of mandate may be taken from this ®nding to the appropriate superior court, as long as the party agrees to pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ of mandate shall be taken within 45 days of service of the notice of ®ndings, ®ndings, and order thereon. (3) An employer or person to which a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the of®ce of the Labor Commissioner designated on the citation the amount speci®ed for the violation within 15 business days after issuance of the citation. (4) If the party ®ling a writ of mandate is unsuccessful in challenging the decision of the hearing of®cer, the Labor Commissioner shall recover costs and attorney fees. (k) (1) The claims administrator shall use information reported pursuant to subdivision (i) to determine if an outbreak has occurred for the purpose of administering a claim pursuant to this section. To calculate the number of employees at a speci®c place of employment, the claims administrator shall utilize the data reported pursuant to subdivision (i) for the ®rst employee who is part of the outbreak, or, for claims between July 6, 2020,
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110 Ð 9 Ð Ch. 85 and the effective date of this section, the number reported under paragraph (2). (2) Any employer who is aware of an employee testing positive on or after July 6, 2020, and prior to the effective date of this section, shall report to their claims administrator, in writing via electronic mail or facsimile, within 30 business days of the effective date of this section, all of the data required in subdivision (i). For the data required by paragraph (4) of subdivision (i), the employer shall instead report the highest number of employees who reported to work at each of the employee's speci®c places of employment on any given work day between July 6, 2020, and the effective date of this section. The claims administrator shall use the information reported under this paragraph to determine if an outbreak has occurred from July 6, 2020, to the effective date of this section, for the purpose of applying the presumption under this section. (l) A claim is not part of an outbreak if it occurs during a continuous 14-day period where the requisite number of positive tests under paragraph (4) of subdivision (m) have not been met. For purposes of applying the presumption in this section, the claims administrator shall continually evaluate each claim to determine whether the requisite number of positive tests have occurred during the surrounding 14-day periods. (m) For purposes of this section: (1) ªCOVID-19º means the 2019 novel coronavirus disease. (2) Unless otherwise indicated, ªtestº or ªtestingº means a PCR (Polymerase Chain Reaction) test approved for use or approved for emergency use by the United States Food and Drug Administration to detect the presence of viral RNA. ªTestº or ªtestingº does not include serologic testing, also known as antibody testing. ªTestº or ªtestingº may include any other viral culture test approved for use or approved for emergency use by the United States Food and Drug Administration to detect the presence of viral RNA which has the same or higher sensitivity and speci®city as the PCR Test. (3) (A) ªA speci®c place of employmentº means the building, store, facility, or agricultural ®eld where an employee performs work at the employer's direction. ªA speci®c place of employmentº does not include the employee's home or residence, unless the employee provides home health care services to another individual at the employee's home or residence. (B) In the case of an employee who performs work at the employer's direction in multiple places of employment within 14 days of the employee's positive test, the employee's positive test shall be counted for the purpose of determining the existence of an outbreak at each of those places of employment, and if an outbreak exists at any one of those places of employment, that shall be the employee's ªspeci®c place of employment.º (4) An ªoutbreakº exists if within 14 calendar days one of the following occurs at a speci®c place of employment: (A) If the employer has 100 employees or fewer at a speci®c place of employment, 4 employees test positive for COVID-19.
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(B) If the employer has more than 100 employees at a speci®c place of employment, 4 percent of the number of employees who reported to the speci®c place of employment, test positive for COVID-19. (C) A speci®c place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection with COVID-19. (n) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In light of the Governor's declaration on March 4, 2020, of a state of emergency due to the spread of COVID-19, and because of the heightened risk of COVID-19 infection to frontline workers and workers whose workplaces have suffered a COVID-19 outbreak, it is necessary that this act take effect immediately.
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112 Assembly Bill No. 685
CHAPTER 84
An act to amend, repeal, and add Sections 6325 and 6432 of, and to add and repeal Section 6409.6 of, the Labor Code, relating to occupational safety.
[Approved by Governor September 17, 2020. Filed with Secretary of State September 17, 2020.]
legislative counsel’s digest AB 685, Reyes. COVID-19: imminent hazard to employees: exposure: noti®cation: serious violations. (1) Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires the Division of Occupational Safety and Health, when, in its opinion, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is not properly guarded, or is dangerously placed so as to constitute an imminent hazard to employees, to prohibit entry or use, as applicable, and to attach a conspicuous notice of that condition, as speci®ed. OSHA requires that this prohibition be limited to the immediate area in which the imminent hazard exists. OSHA prohibits this notice from being removed except by an authorized representative of the division under certain conditions. OSHA makes a violation of this provision regarding dangerous conditions a crime. This bill would authorize the division, when, in its opinion, a place of employment, operation, or process, or any part thereof, exposes workers to the risk of infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2, also known as COVID-19), so as to constitute an imminent hazard to employees, to prohibit the performance of that operation or process, or entry into that place of employment. The bill would require the division to provide a notice thereof to the employer, to be posted in a conspicuous place at the place of employment. The bill would require such a prohibition to be limited to the immediate area in which the imminent hazard exists, as speci®ed. The bill would require such a prohibition to be issued in a manner so as not to materially interrupt the performance of critical governmental functions essential to ensuring public health and safety functions or the delivery of electrical power or water. By expanding the scope of a crime, the bill would impose a state-mandated local program. This COVID-19 imminent hazard provision would be repealed on January 1, 2023. (2) Existing law requires an employer to ®le a report of every occupational injury or occupational illness, as de®ned, of each employee that results in lost time beyond the date of the injury or illness, and that requires medical treatment beyond ®rst aid, with the Department of Industrial Relations, on a form prescribed by the department. Existing law requires
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113 Ch. 84 Ð 2 Ð an employer to immediately report a serious occupational injury, illness, or death to the division by telephone or email, as speci®ed. This bill would require a public or private employer or representative of the employer, except as speci®ed, that receives a notice of potential exposure to COVID-19 to provide speci®ed noti®cations to its employees within one business day of the notice of potential exposure. The bill would require the employer to provide prescribed notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as a qualifying individual, as de®ned, within the infectious period, as de®ned, that they may have been exposed to COVID-19. The bill would require notice to the exclusive representative, if any, of noti®ed employees. The bill would require an employer to provide those employees and any exclusive representative with certain information regarding COVID-19-related bene®ts and options. The bill would require an employer to notify all employees, the employers of subcontracted employees, and any exclusive representative on the disinfection and safety plan that the employer plans to implement and complete per the guidelines of the federal Centers for Disease Control. The bill would require an employer to maintain records of noti®cations for at least 3 years. The bill would provide for a speci®ed civil penalty for an employer that violates the noti®cation requirements. The bill would de®ne additional terms for its purposes. The bill would require an employer, if the employer or representative of the employer is noti®ed of the number of cases that meet the de®nition of a COVID-19 outbreak, as de®ned, within 48 hours, to report prescribed information to the local public health agency in the jurisdiction of the worksite. The bill would require an employer that has an outbreak to continue to give notice to the local health department of any subsequent laboratory-con®rmed cases of COVID-19 at the worksite. The bill would exempt a health facility, as de®ned, from this reporting requirement. The bill would require the State Department of Public Health to make speci®ed information on outbreaks publicly available on its internet website, as speci®ed. The bill would require local public health departments and the division to provide a link to this page on its internet websites. By requiring additional duties from local public health departments, this bill would impose a state-mandated local program. (3) OSHA creates a rebuttable presumption that a ªserious violationº exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. OSHA requires the division, before issuing a citation alleging that a violation is serious, to make a reasonable attempt to determine and consider certain facts. This OSHA requirement is satis®ed if the division sends, at least 15 days before issuing such a citation, a standardized form containing descriptions of the alleged violation the division intends to cite as serious and clearly soliciting the prescribed information. OSHA permits an employer to rebut the presumption, as prescribed, and establishes inferences that may be drawn at hearing with regard to information provided by an employer in rebuttal.
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This bill would exempt a citation alleging a serious violation relating to SARS-CoV-2 from the precitation standardized form provision and the rebuttal at hearing provision. This exemption would be repealed on January 1, 2023. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a speci®ed reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public of®cials and agencies be adopted with ®ndings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative ®ndings to that effect.
The people of the State of California do enact as follows:
SECTION 1. The Legislature ®nds and declares all of the following: (a) As COVID-19 continues to ravage California, one of the best tools available for limiting exposure and minimizing spread is to gather thorough and accurate data. (b) As the average age of those falling ill from COVID-19 has become younger, it is critical to track workplace exposure and to use that data to ®nd ways to keep workers safe on the job. (c) With infections and deaths disproportionately high in the Latino, Black, and Asian-Paci®c Islander communities, more information about workplace illness and industry clusters can inform policy makers in addressing healthcare disparities and protecting vulnerable workers. (d) Current law lacks clarity as to an employer's reporting requirements, including to their own workforce. This de®ciency has led to workers and members of the public living in fear for their own safety, unaware of where outbreaks may already be occurring. (e) Consistent with California's efforts to track and trace COVID-19 cases, it is imperative that positive COVID-19 tests or diagnoses be reported immediately in the occupational setting, to members of the public, and to relevant state agencies. SEC. 2. Section 6325 of the Labor Code is amended to read: 6325. (a) When, in the opinion of the division, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is not properly guarded or is dangerously placed so as to constitute an imminent hazard to employees, entry therein, or the use thereof, as the case may be, shall be prohibited by the division, and a
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115 Ch. 84 Ð 4 Ð conspicuous notice to that effect shall be attached thereto. Such prohibition of use shall be limited to the immediate area in which the imminent hazard exists, and the division shall not prohibit any entry in or use of a place of employment, machine, device, apparatus, or equipment, or any part thereof, which is outside such area of imminent hazard. Such notice shall not be removed except by an authorized representative of the division, nor until the place of employment, machine, device, apparatus, or equipment is made safe and the required safeguards or safety appliances or devices are provided. This subdivision shall not prevent the entry or use with the division's knowledge and permission for the sole purpose of eliminating the dangerous conditions. (b) When, in the opinion of the division, a place of employment, operation, or process, or any part thereof, exposes workers to the risk of infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) so as to constitute an imminent hazard to employees, the performance of such operation or process, or entry into such place of employment, as the case may be, may be prohibited by the division, and a notice thereof shall be provided to the employer and posted in a conspicuous place at the place of employment. Such prohibition of use shall be limited to the immediate area in which the imminent hazard exists, and the division shall not prohibit the performance of any operation or process, entry into or use of a place of employment, or any part thereof, which is not exposing employees to, or is outside such area of imminent hazard. In addition, this prohibition shall be issued in a manner so as not to materially interrupt the performance of critical governmental functions essential to ensuring public health and safety functions or the delivery of electrical power or water. This notice shall not be removed except by an authorized representative of the division, nor until the place of employment, operation, or process is made safe and the required safeguards or safety appliances or devices are provided. This subdivision shall not prevent the entry or use with the division's knowledge and permission for the sole purpose of eliminating the dangerous conditions. (c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. SEC. 3. Section 6325 is added to the Labor Code, to read: 6325. (a) When, in the opinion of the division, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is not properly guarded or is dangerously placed so as to constitute an imminent hazard to employees, entry therein, or the use thereof, as the case may be, shall be prohibited by the division, and a conspicuous notice to that effect shall be attached thereto. Such prohibition of use shall be limited to the immediate area in which the imminent hazard exists, and the division shall not prohibit any entry in or use of a place of employment, machine, device, apparatus, or equipment, or any part thereof, which is outside such area of imminent hazard. Such notice shall not be removed except by an authorized representative of the division, nor until the place of employment, machine, device, apparatus, or equipment is made
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116 Ð 5 Ð Ch. 84 safe and the required safeguards or safety appliances or devices are provided. This section shall not prevent the entry or use with the division's knowledge and permission for the sole purpose of eliminating the dangerous conditions. (b) This section shall become operative on January 1, 2023. SEC. 4. Section 6409.6 is added to the Labor Code, to read: 6409.6. (a) If an employer or representative of the employer receives a notice of potential exposure to COVID-19, the employer shall take all of the following actions within one business day of the notice of potential exposure: (1) Provide a written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the qualifying individual within the infectious period that they may have been exposed to COVID-19 in a manner the employer normally uses to communicate employment-related information. Written notice may include, but is not limited to, personal service, email, or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and shall be in both English and the language understood by the majority of the employees. (2) Provide a written notice to the exclusive representative, if any, of employees under paragraph (1). (3) Provide all employees who may have been exposed and the exclusive representative, if any, with information regarding COVID-19-related bene®ts to which the employee may be entitled under applicable federal, state, or local laws, including, but not limited to, workers' compensation, and options for exposed employees, including COVID-19-related leave, company sick leave, state-mandated leave, supplemental sick leave, or negotiated leave provisions, as well as antiretaliation and antidiscrimination protections of the employee. (4) Notify all employees, and the employers of subcontracted employees and the exclusive representative, if any, on the disinfection and safety plan that the employer plans to implement and complete per the guidelines of the federal Centers for Disease Control. (b) If an employer or representative of the employer is noti®ed of the number of cases that meet the de®nition of a COVID-19 outbreak, as de®ned by the State Department of Public Health, within 48 hours, the employer shall notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation, and worksite of employees who meet the de®nition in subdivision (d) of a qualifying individual. An employer shall also report the business address and NAICS code of the worksite where the qualifying individuals work. An employer that has an outbreak subject to this section shall continue to give notice to the local health department of any subsequent laboratory-con®rmed cases of COVID-19 at the worksite. (c) The notice required pursuant to paragraph (2) of subdivision (a) shall contain the same information as would be required in an incident report in a Cal/OSHA Form 300 injury and illness log unless the information is inapplicable or unknown to the employer. This requirement shall apply regardless of whether the employer is required to maintain a Cal/OSHA
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Form 300 injury and illness log. Noti®cations required by this section shall not impact any determination of whether or not the illness is work related. (d) For purposes of this section, the following de®nitions apply: (1) ªCOVID-19º means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). (2) ªInfectious periodº means the time a COVID-19-positive individual is infectious, as de®ned by the State Department of Public Health. (3) ªNotice of potential exposureº means any of the following: (A) Noti®cation to the employer or representative from a public health of®cial or licensed medical provider that an employee was exposed to a qualifying individual at the worksite. (B) Noti®cation to the employer or representative from an employee, or their emergency contact, that the employee is a qualifying individual. (C) Noti®cation through the testing protocol of the employer that the employee is a qualifying individual. (D) Noti®cation to an employer or representative from a subcontracted employer that a qualifying individual was on the worksite of the employer receiving noti®cation. (4) ªQualifying individualº means any person who has any of the following: (A) A laboratory-con®rmed case of COVID-19, as de®ned by the State Department of Public Health. (B) A positive COVID-19 diagnosis from a licensed health care provider. (C) A COVID-19-related order to isolate provided by a public health of®cial. (D) Died due to COVID-19, in the determination of a county public health department or per inclusion in the COVID-19 statistics of a county. (5) ªWorksiteº means the building, store, facility, agricultural ®eld, or other location where a worker worked during the infectious period. It does not apply to buildings, ¯oors, or other locations of the employer that a quali®ed individual did not enter. In a multiworksite environment, the employer need only notify employees who were at the same worksite as the quali®ed individual. (e) An employer shall not require employees to disclose medical information unless otherwise required by law. (f) An employer shall not retaliate against a worker for disclosing a positive COVID-19 test or diagnosis or order to quarantine or isolate. Workers who believe they have been retaliated against in violation of this section may ®le a complaint with the Division of Labor Standards Enforcement pursuant to Section 98.6. The complaint shall be investigated as provided in Section 98.7. (g) The State Department of Public Health shall make workplace industry information received from local public health departments pursuant to this section available on its internet website in a manner that allows the public to track the number and frequency of COVID-19 outbreaks and the number of COVID-19 cases and outbreaks by industry reported by any workplace in accordance with subdivision (b). Local public health departments and
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118 Ð 7 Ð Ch. 84 the division shall provide a link to this page on their internet websites. No personally identi®able employee information shall be made public or posted. (h) This section shall apply to both private and public employers, except that subdivision (b) shall not apply to a ªhealth facility,º as de®ned in Section 1250 of the Health and Safety Code. (i) This section shall not apply to employees who, as part of their duties, conduct COVID-19 testing or screening or provide direct patient care or treatment to individuals who are known to have tested positive for COVID-19, are persons under investigation, or are in quarantine or isolation related to COVID-19, unless the qualifying individual is an employee at the same worksite. (j) No personally identi®able employee information shall be subject to a California Public Records Act request or similar request, posted on a public internet website, or shared with any other state or federal agency. (k) An employer shall maintain records of the written noti®cations required in subdivision (a) for a period of at least three years. (l) The division shall enforce paragraphs (1), (2), and (4) of subdivision (a) by the issuance of a citation alleging a violation of these paragraphs and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319. SEC. 5. Section 6432 of the Labor Code is amended to read: 6432. (a) There shall be a rebuttable presumption that a ªserious violationº exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. The demonstration of a violation by the division is not suf®cient by itself to establish that the violation is serious. The actual hazard may consist of, among other things: (1) A serious exposure exceeding an established permissible exposure limit. (2) The existence in the place of employment of one or more unsafe or unhealthful practices, means, methods, operations, or processes that have been adopted or are in use. (b) (1) Before issuing a citation alleging that a violation is serious, the division shall make a reasonable attempt to determine and consider, among other things, all of the following: (A) Training for employees and supervisors relevant to preventing employee exposure to the hazard or to similar hazards. (B) Procedures for discovering, controlling access to, and correcting the hazard or similar hazards. (C) Supervision of employees exposed or potentially exposed to the hazard. (D) Procedures for communicating to employees about the employer's health and safety rules and programs. (E) Information that the employer wishes to provide, at any time before citations are issued, including, any of the following:
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119 Ch. 84 Ð 8 Ð
(i) The employer's explanation of the circumstances surrounding the alleged violative events. (ii) Why the employer believes a serious violation does not exist. (iii) Why the employer believes its actions related to the alleged violative events were reasonable and responsible so as to rebut, pursuant to subdivision (c), any presumption established pursuant to subdivision (a). (iv) Any other information that the employer wishes to provide. (2) The division shall satisfy its requirement to determine and consider the facts speci®ed in paragraph (1) if, not less than 15 days prior to issuing a citation for a serious violation, the division delivers to the employer a standardized form containing the alleged violation descriptions (ªAVDº) it intends to cite as serious and clearly soliciting the information speci®ed in this subdivision. The director shall prescribe the form for the alleged violation descriptions and solicitation of information. Any forms issued pursuant to this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) If the division establishes a presumption pursuant to subdivision (a) that a violation is serious, the employer may rebut the presumption and establish that a violation is not serious by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation. The employer may accomplish this by demonstrating both of the following: (1) The employer took all the steps a reasonable and responsible employer in like circumstances should be expected to take, before the violation occurred, to anticipate and prevent the violation, taking into consideration the severity of the harm that could be expected to occur and the likelihood of that harm occurring in connection with the work activity during which the violation occurred. Factors relevant to this determination include, but are not limited to, those listed in subdivision (b). (2) The employer took effective action to eliminate employee exposure to the hazard created by the violation as soon as the violation was discovered. (d) If the employer does not provide information in response to a division inquiry made pursuant to subdivision (b), the employer shall not be barred from presenting that information at the hearing and no negative inference shall be drawn. The employer may offer different information at the hearing than what was provided to the division and may explain any inconsistency, but the trier of fact may draw a negative inference from the prior inconsistent factual information. The trier of fact may also draw a negative inference from factual information offered at the hearing by the division that is inconsistent with factual information provided to the employer pursuant to subdivision (b), or from a failure by the division to provide the form setting forth the descriptions of the alleged violation and soliciting information pursuant to subdivision (b). (e) ªSerious physical harm,º as used in this part, means any injury or illness, speci®c or cumulative, occurring in the place of employment or in connection with any employment, that results in any of the following:
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120 Ð 9 Ð Ch. 84
(1) Inpatient hospitalization for purposes other than medical observation. (2) The loss of any member of the body. (3) Any serious degree of permanent dis®gurement. (4) Impairment suf®cient to cause a part of the body or the function of an organ to become permanently and signi®cantly reduced in ef®ciency on or off the job, including, but not limited to, depending on the severity, second-degree or worse burns, crushing injuries including internal injuries even though skin surface may be intact, respiratory illnesses, or broken bones. (f) Serious physical harm may be caused by a single, repetitive practice, means, method, operation, or process. (g) A division safety engineer or industrial hygienist who can demonstrate, at the time of the hearing, that their division-mandated training is current shall be deemed competent to offer testimony to establish each element of a serious violation, and may offer evidence on the custom and practice of injury and illness prevention in the workplace that is relevant to the issue of whether the violation is a serious violation. (h) Paragraph (2) of subdivision (b) and subdivision (d) shall not apply to a citation alleging a serious violation relating to the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). (i) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. SEC. 6. Section 6432 is added to the Labor Code, to read: 6432. (a) There shall be a rebuttable presumption that a ªserious violationº exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. The demonstration of a violation by the division is not suf®cient by itself to establish that the violation is serious. The actual hazard may consist of, among other things: (1) A serious exposure exceeding an established permissible exposure limit. (2) The existence in the place of employment of one or more unsafe or unhealthful practices, means, methods, operations, or processes that have been adopted or are in use. (b) (1) Before issuing a citation alleging that a violation is serious, the division shall make a reasonable attempt to determine and consider, among other things, all of the following: (A) Training for employees and supervisors relevant to preventing employee exposure to the hazard or to similar hazards. (B) Procedures for discovering, controlling access to, and correcting the hazard or similar hazards. (C) Supervision of employees exposed or potentially exposed to the hazard. (D) Procedures for communicating to employees about the employer's health and safety rules and programs. (E) Information that the employer wishes to provide, at any time before citations are issued, including, any of the following:
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121 Ch. 84 Ð 10 Ð
(i) The employer's explanation of the circumstances surrounding the alleged violative events. (ii) Why the employer believes a serious violation does not exist. (iii) Why the employer believes its actions related to the alleged violative events were reasonable and responsible so as to rebut, pursuant to subdivision (c), any presumption established pursuant to subdivision (a). (iv) Any other information that the employer wishes to provide. (2) The division shall satisfy its requirement to determine and consider the facts speci®ed in paragraph (1) if, not less than 15 days prior to issuing a citation for a serious violation, the division delivers to the employer a standardized form containing the alleged violation descriptions (ªAVDº) it intends to cite as serious and clearly soliciting the information speci®ed in this subdivision. The director shall prescribe the form for the alleged violation descriptions and solicitation of information. Any forms issued pursuant to this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) If the division establishes a presumption pursuant to subdivision (a) that a violation is serious, the employer may rebut the presumption and establish that a violation is not serious by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation. The employer may accomplish this by demonstrating both of the following: (1) The employer took all the steps a reasonable and responsible employer in like circumstances should be expected to take, before the violation occurred, to anticipate and prevent the violation, taking into consideration the severity of the harm that could be expected to occur and the likelihood of that harm occurring in connection with the work activity during which the violation occurred. Factors relevant to this determination include, but are not limited to, those listed in subdivision (b). (2) The employer took effective action to eliminate employee exposure to the hazard created by the violation as soon as the violation was discovered. (d) If the employer does not provide information in response to a division inquiry made pursuant to subdivision (b), the employer shall not be barred from presenting that information at the hearing and no negative inference shall be drawn. The employer may offer different information at the hearing than what was provided to the division and may explain any inconsistency, but the trier of fact may draw a negative inference from the prior inconsistent factual information. The trier of fact may also draw a negative inference from factual information offered at the hearing by the division that is inconsistent with factual information provided to the employer pursuant to subdivision (b), or from a failure by the division to provide the form setting forth the descriptions of the alleged violation and soliciting information pursuant to subdivision (b). (e) ªSerious physical harm,º as used in this part, means any injury or illness, speci®c or cumulative, occurring in the place of employment or in connection with any employment, that results in any of the following:
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122 Ð 11 Ð Ch. 84
(1) Inpatient hospitalization for purposes other than medical observation. (2) The loss of any member of the body. (3) Any serious degree of permanent dis®gurement. (4) Impairment suf®cient to cause a part of the body or the function of an organ to become permanently and signi®cantly reduced in ef®ciency on or off the job, including, but not limited to, depending on the severity, second-degree or worse burns, crushing injuries including internal injuries even though skin surface may be intact, respiratory illnesses, or broken bones. (f) Serious physical harm may be caused by a single, repetitive practice, means, method, operation, or process. (g) A division safety engineer or industrial hygienist who can demonstrate, at the time of the hearing, that their division-mandated training is current shall be deemed competent to offer testimony to establish each element of a serious violation, and may offer evidence on the custom and practice of injury and illness prevention in the workplace that is relevant to the issue of whether the violation is a serious violation. (h) This section shall become operative on January 1, 2023. SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the de®nition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 8. The Legislature ®nds and declares that Section 4 of this act, which adds Section 6409.6 to the Labor Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public of®cials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following ®ndings to demonstrate the interest protected by this limitation and the need for protecting that interest: The need to protect the privacy of employees from the public disclosure of their personally identi®able information outweighs the interest in public disclosure of that information.
O
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123 124 Assembly Bill No. 1976
CHAPTER 140
An act to amend, repeal, and add Sections 5346, 5347, 5348, 5349, and 5349.1 of, and to repeal Section 5349.5 of, the Welfare and Institutions Code, relating to mental health.
[Approved by Governor September 25, 2020. Filed with Secretary of State September 25, 2020.]
legislative counsel’s digest AB 1976, Eggman. Mental health services: assisted outpatient treatment. The Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, until January 1, 2022, authorizes each county to elect to offer speci®ed mental health programs either through a resolution adopted by the county board of supervisors or through the county budget process, if the county board of supervisors makes a ®nding that speci®ed mental health programs will not be reduced as a result of participating. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund, when included in a county plan, as speci®ed. This bill, commencing July 1, 2021, would instead require a county or group of counties to offer those mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body stating the reasons for opting out and any facts or circumstances relied on in making that decision. The bill would also authorize a county to instead offer those mental health programs in combination with one or more counties, subject to speci®ed implementation provisions. The bill would prohibit a county or group of counties implementing these provisions from reducing existing voluntary mental health programs serving adults, or children's mental health programs, as a result of the implementation. The bill would also repeal the expiration of Laura's Law, thereby extending it inde®nitely. Existing law authorizes various persons to request the county mental health director to ®le a petition in the superior court for an order for assisted outpatient treatment for a person who meets speci®ed criteria. This bill, commencing July 1, 2021, would additionally authorize a judge in a superior court to request a petition for that order to be ®led for a person who appears before the judge. The bill would make additional conforming changes.
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125 Ch. 140 Ð 2 Ð
The people of the State of California do enact as follows:
SECTION 1. Section 5346 of the Welfare and Institutions Code is amended to read: 5346. (a) In any county where services are available as provided in Section 5348, a court may order a person who is the subject of a petition ®led pursuant to this section to obtain assisted outpatient treatment if the court ®nds, by clear and convincing evidence, that the facts stated in the veri®ed petition ®led in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following: (1) The person is 18 years of age or older. (2) The person is suffering from a mental illness as de®ned in paragraphs (2) and (3) of subdivision (b) of Section 5600.3. (3) There has been a clinical determination that the person is unlikely to survive safely in the community without supervision. (4) The person has a history of lack of compliance with treatment for the person's mental illness, in that at least one of the following is true: (A) The person's mental illness has, at least twice within the last 36 months, been a substantial factor in necessitating hospitalization, or receipt of services in a forensic or other mental health unit of a state correctional facility or local correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the ®ling of the petition. (B) The person's mental illness has resulted in one or more acts of serious and violent behavior toward themselves or another, or threats, or attempts to cause serious physical harm to themselves or another within the last 48 months, not including any period in which the person was hospitalized or incarcerated immediately preceding the ®ling of the petition. (5) The person has been offered an opportunity to participate in a treatment plan by the director of the local mental health department, or the director's designee, provided the treatment plan includes all of the services described in Section 5348, and the person continues to fail to engage in treatment. (6) The person's condition is substantially deteriorating. (7) Participation in the assisted outpatient treatment program would be the least restrictive placement necessary to ensure the person's recovery and stability. (8) In view of the person's treatment history and current behavior, the person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others, as de®ned in Section 5150. (9) It is likely that the person will bene®t from assisted outpatient treatment. (b) (1) A petition for an order authorizing assisted outpatient treatment may be ®led by the county behavioral health director, or the director's
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126 Ð 3 Ð Ch. 140 designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present. (2) A request may be made only by any of the following persons to the county mental health department for the ®ling of a petition to obtain an order authorizing assisted outpatient treatment: (A) A person 18 years of age or older with whom the person who is the subject of the petition resides. (B) A person who is the parent, spouse, or sibling or child 18 years of age or older of the person who is the subject of the petition. (C) The director of a public or private agency, treatment facility, charitable organization, or licensed residential care facility providing mental health services to the person who is the subject of the petition in whose institution the subject of the petition resides. (D) The director of a hospital in which the person who is the subject of the petition is hospitalized. (E) A licensed mental health treatment provider who is either supervising the treatment of, or treating for a mental illness, the person who is the subject of the petition. (F) A peace of®cer, parole of®cer, or probation of®cer assigned to supervise the person who is the subject of the petition. (3) Upon receiving a request pursuant to paragraph (2), the county behavioral health director shall conduct an investigation into the appropriateness of the ®ling of the petition. The director shall ®le the petition only if the director determines that there is a reasonable likelihood that all the necessary elements to sustain the petition can be proven in a court of law by clear and convincing evidence. (4) The petition shall state all of the following: (A) Each of the criteria for assisted outpatient treatment as set forth in subdivision (a). (B) Facts that support the petitioner's belief that the person who is the subject of the petition meets each criterion, provided that the hearing on the petition shall be limited to the stated facts in the veri®ed petition, and the petition contains all the grounds on which the petition is based, in order to ensure adequate notice to the person who is the subject of the petition and that person's counsel. (C) That the person who is the subject of the petition is present, or is reasonably believed to be present, within the county where the petition is ®led. (D) That the person who is the subject of the petition has the right to be represented by counsel in all stages of the proceeding under the petition, in accordance with subdivision (c). (5) The petition shall be accompanied by an af®davit of a licensed mental health treatment provider designated by the local mental health director who shall state, if applicable, either of the following: (A) That the licensed mental health treatment provider has personally examined the person who is the subject of the petition no more than 10 days prior to the submission of the petition, the facts and reasons why the person
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127 Ch. 140 Ð 4 Ð who is the subject of the petition meets the criteria in subdivision (a), that the licensed mental health treatment provider recommends assisted outpatient treatment for the person who is the subject of the petition, and that the licensed mental health treatment provider is willing and able to testify at the hearing on the petition. (B) That, no more than 10 days prior to the ®ling of the petition, the licensed mental health treatment provider, or the provider's designee, has made appropriate attempts to elicit the cooperation of the person who is the subject of the petition, but has not been successful in persuading that person to submit to an examination, that the licensed mental health treatment provider has reason to believe that the person who is the subject of the petition meets the criteria for assisted outpatient treatment, and that the licensed mental health treatment provider is willing and able to examine the person who is the subject of the petition and testify at the hearing on the petition. (c) The person who is the subject of the petition shall have the right to be represented by counsel at all stages of a proceeding commenced under this section. If the person so elects, the court shall immediately appoint the public defender or other attorney to assist the person in all stages of the proceedings. The person shall pay the cost of the legal services if able to do so. (d) (1) Upon receipt by the court of a petition submitted pursuant to subdivision (b), the court shall ®x the date for a hearing at a time not later than ®ve days from the date the petition is received by the court, excluding Saturdays, Sundays, and holidays. The petitioner shall promptly cause service of a copy of the petition, together with written notice of the hearing date, to be made personally on the person who is the subject of the petition, and shall send a copy of the petition and notice to the county of®ce of patient rights, and to the current health care provider appointed for the person who is the subject of the petition, if the provider is known to the petitioner. Continuances shall be permitted only for good cause shown. In granting continuances, the court shall consider the need for further examination by a physician or the potential need to provide expeditiously assisted outpatient treatment. Upon the hearing date, or upon any other date or dates to which the proceeding may be continued, the court shall hear testimony. If it is deemed advisable by the court, and if the person who is the subject of the petition is available and has received notice pursuant to this section, the court may examine in or out of court the person who is the subject of the petition who is alleged to be in need of assisted outpatient treatment. If the person who is the subject of the petition does not appear at the hearing, and appropriate attempts to elicit the attendance of the person have failed, the court may conduct the hearing in the person's absence. If the hearing is conducted without the person present, the court shall set forth the factual basis for conducting the hearing without the person's presence. (2) The court shall not order assisted outpatient treatment unless an examining licensed mental health treatment provider, who has personally examined, and has reviewed the available treatment history of, the person
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128 Ð 5 Ð Ch. 140 who is the subject of the petition within the time period commencing 10 days before the ®ling of the petition, testi®es in person at the hearing. (3) If the person who is the subject of the petition has refused to be examined by a licensed mental health treatment provider, the court may request that the person consent to an examination by a licensed mental health treatment provider appointed by the court. If the person who is the subject of the petition does not consent and the court ®nds reasonable cause to believe that the allegations in the petition are true, the court may order any person designated under Section 5150 to take into custody the person who is the subject of the petition and transport the person, or cause the person to be transported, to a hospital for examination by a licensed mental health treatment provider as soon as is practicable. Detention of the person who is the subject of the petition under the order may not exceed 72 hours. If the examination is performed by another licensed mental health treatment provider, the examining licensed mental health treatment provider may consult with the licensed mental health treatment provider whose af®rmation or af®davit accompanied the petition regarding the issues of whether the allegations in the petition are true and whether the person meets the criteria for assisted outpatient treatment. (4) The person who is the subject of the petition shall have all of the following rights: (A) To adequate notice of the hearings to the person who is the subject of the petition, as well as to parties designated by the person who is the subject of the petition. (B) To receive a copy of the court-ordered evaluation. (C) To counsel. If the person has not retained counsel, the court shall appoint a public defender. (D) To be informed of the right to judicial review by habeas corpus. (E) To be present at the hearing unless the person waives the right to be present. (F) To present evidence. (G) To call witnesses on the person's behalf. (H) To cross-examine witnesses. (I) To appeal decisions, and to be informed of the right to appeal. (5) (A) If after hearing all relevant evidence, the court ®nds that the person who is the subject of the petition does not meet the criteria for assisted outpatient treatment, the court shall dismiss the petition. (B) If after hearing all relevant evidence, the court ®nds that the person who is the subject of the petition meets the criteria for assisted outpatient treatment, and there is no appropriate and feasible less restrictive alternative, the court may order the person who is the subject of the petition to receive assisted outpatient treatment for an initial period not to exceed six months. In fashioning the order, the court shall specify that the proposed treatment is the least restrictive treatment appropriate and feasible for the person who is the subject of the petition. The order shall state the categories of assisted outpatient treatment, as set forth in Section 5348, that the person who is the subject of the petition is to receive, and the court may not order treatment
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129 Ch. 140 Ð 6 Ð that has not been recommended by the examining licensed mental health treatment provider and included in the written treatment plan for assisted outpatient treatment as required by subdivision (e). If the person has executed an advance health care directive pursuant to Chapter 2 (commencing with Section 4650) of Part 1 of Division 4.7 of the Probate Code, any directions included in the advance health care directive shall be considered in formulating the written treatment plan. (6) If the person who is the subject of a petition for an order for assisted outpatient treatment pursuant to subparagraph (B) of paragraph (5) refuses to participate in the assisted outpatient treatment program, the court may order the person to meet with the assisted outpatient treatment team designated by the director of the assisted outpatient treatment program. The treatment team shall attempt to gain the person's cooperation with treatment ordered by the court. The person may be subject to a 72-hour hold pursuant to subdivision (f) only after the treatment team has attempted to gain the person's cooperation with treatment ordered by the court, and has been unable to do so. (e) Assisted outpatient treatment shall not be ordered unless the licensed mental health treatment provider recommending assisted outpatient treatment to the court has submitted to the court a written treatment plan that includes services as set forth in Section 5348, and the court ®nds, in consultation with the county behavioral health director, or the director's designee, all of the following: (1) That the services are available from the county, or a provider approved by the county, for the duration of the court order. (2) That the services have been offered to the person by the local director of mental health, or the director's designee, and the person has been given an opportunity to participate on a voluntary basis, and the person has failed to engage in, or has refused, treatment. (3) That all of the elements of the petition required by this article have been met. (4) That the treatment plan will be delivered to the county behavioral health director, or to the director's appropriate designee. (f) If, in the clinical judgment of a licensed mental health treatment provider, the person who is the subject of the petition has failed or has refused to comply with the treatment ordered by the court, and, in the clinical judgment of the licensed mental health treatment provider, efforts were made to solicit compliance, and, in the clinical judgment of the licensed mental health treatment provider, the person may be in need of involuntary admission to a hospital for evaluation, the provider may request that persons designated under Section 5150 take into custody the person who is the subject of the petition and transport the person, or cause the person to be transported, to a hospital, to be held up to 72 hours for examination by a licensed mental health treatment provider to determine if the person is in need of treatment pursuant to Section 5150. Any continued involuntary retention in a hospital beyond the initial 72-hour period shall be pursuant to Section 5150. If at any time during the 72-hour period the person is
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130 Ð 7 Ð Ch. 140 determined not to meet the criteria of Section 5150, and does not agree to stay in the hospital as a voluntary patient, the person shall be released and any subsequent involuntary detention in a hospital shall be pursuant to Section 5150. Failure to comply with an order of assisted outpatient treatment alone may not be grounds for involuntary civil commitment or a ®nding that the person who is the subject of the petition is in contempt of court. (g) If the director of the assisted outpatient treatment program determines that the condition of the patient requires further assisted outpatient treatment, the director shall apply to the court, prior to the expiration of the period of the initial assisted outpatient treatment order, for an order authorizing continued assisted outpatient treatment for a period not to exceed 180 days from the date of the order. The procedures for obtaining an order pursuant to this subdivision shall be in accordance with subdivisions (a) to (f), inclusive. The period for further involuntary outpatient treatment authorized by a subsequent order under this subdivision may not exceed 180 days from the date of the order. (h) At intervals of not less than 60 days during an assisted outpatient treatment order, the director of the outpatient treatment program shall ®le an af®davit with the court that ordered the outpatient treatment af®rming that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment. At these times, the person who is the subject of the order shall have the right to a hearing on whether or not the person still meets the criteria for assisted outpatient treatment if they disagree with the director's af®davit. The burden of proof shall be on the director. (i) During each 60-day period speci®ed in subdivision (h), if the person who is the subject of the order believes that they are being wrongfully retained in the assisted outpatient treatment program against their wishes, the person may ®le a petition for a writ of habeas corpus, thus requiring the director of the assisted outpatient treatment program to prove that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment. (j) A person ordered to undergo assisted outpatient treatment pursuant to this article, who was not present at the hearing at which the order was issued, may immediately petition the court for a writ of habeas corpus. Treatment under the order for assisted outpatient treatment may not commence until the resolution of that petition. (k) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. SEC. 2. Section 5346 is added to the Welfare and Institutions Code, to read: 5346. (a) In any county or group of counties where services are available as provided in Section 5348, a court may order a person who is the subject of a petition ®led pursuant to this section to obtain assisted outpatient treatment if the court ®nds, by clear and convincing evidence, that the facts stated in the veri®ed petition ®led in accordance with this section are true and establish that all of the requisite criteria set forth in this section are met, including, but not limited to, each of the following:
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131 Ch. 140 Ð 8 Ð
(1) The person is 18 years of age or older. (2) The person is suffering from a mental illness as de®ned in paragraphs (2) and (3) of subdivision (b) of Section 5600.3. (3) There has been a clinical determination that the person is unlikely to survive safely in the community without supervision. (4) The person has a history of lack of compliance with treatment for the person's mental illness, in that at least one of the following is true: (A) The person's mental illness has, at least twice within the last 36 months, been a substantial factor in necessitating hospitalization, or receipt of services in a forensic or other mental health unit of a state correctional facility or local correctional facility, not including any period during which the person was hospitalized or incarcerated immediately preceding the ®ling of the petition. (B) The person's mental illness has resulted in one or more acts of serious and violent behavior toward themselves or another, or threats, or attempts to cause serious physical harm to themselves or another within the last 48 months, not including any period in which the person was hospitalized or incarcerated immediately preceding the ®ling of the petition. (5) The person has been offered an opportunity to participate in a treatment plan by the director of the local mental health department, or the director's designee, provided the treatment plan includes all of the services described in Section 5348, and the person continues to fail to engage in treatment. (6) The person's condition is substantially deteriorating. (7) Participation in the assisted outpatient treatment program would be the least restrictive placement necessary to ensure the person's recovery and stability. (8) In view of the person's treatment history and current behavior, the person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others, as de®ned in Section 5150. (9) It is likely that the person will bene®t from assisted outpatient treatment. (b) (1) A petition for an order authorizing assisted outpatient treatment may be ®led by the county behavioral health director, or the director's designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present. (2) A request may be made only by any of the following persons to the county mental health department for the ®ling of a petition to obtain an order authorizing assisted outpatient treatment: (A) A person 18 years of age or older with whom the person who is the subject of the petition resides. (B) A person who is the parent, spouse, or sibling or child 18 years of age or older of the person who is the subject of the petition. (C) The director of a public or private agency, treatment facility, charitable organization, or licensed residential care facility providing mental
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132 Ð 9 Ð Ch. 140 health services to the person who is the subject of the petition in whose institution the subject of the petition resides. (D) The director of a hospital in which the person who is the subject of the petition is hospitalized. (E) A licensed mental health treatment provider who is either supervising the treatment of, or treating for a mental illness, the person who is the subject of the petition. (F) A peace of®cer, parole of®cer, or probation of®cer assigned to supervise the person who is the subject of the petition. (G) A judge of a superior court before whom the person who is the subject of the petition appears. (3) Upon receiving a request pursuant to paragraph (2), the county behavioral health director shall conduct an investigation into the appropriateness of ®ling of the petition. The director shall ®le the petition only if the director determines that there is a reasonable likelihood that all the necessary elements to sustain the petition can be proven in a court of law by clear and convincing evidence. (4) The petition shall state all of the following: (A) Each of the criteria for assisted outpatient treatment as set forth in subdivision (a). (B) Facts that support the petitioner's belief that the person who is the subject of the petition meets each criterion, provided that the hearing on the petition shall be limited to the stated facts in the veri®ed petition, and the petition contains all the grounds on which the petition is based, in order to ensure adequate notice to the person who is the subject of the petition and that person's counsel. (C) That the person who is the subject of the petition is present, or is reasonably believed to be present, within the county where the petition is ®led. (D) That the person who is the subject of the petition has the right to be represented by counsel in all stages of the proceeding under the petition, in accordance with subdivision (c). (5) The petition shall be accompanied by an af®davit of a licensed mental health treatment provider designated by the local mental health director who shall state, if applicable, either of the following: (A) That the licensed mental health treatment provider has personally examined the person who is the subject of the petition no more than 10 days prior to the submission of the petition, the facts and reasons why the person who is the subject of the petition meets the criteria in subdivision (a), that the licensed mental health treatment provider recommends assisted outpatient treatment for the person who is the subject of the petition, and that the licensed mental health treatment provider is willing and able to testify at the hearing on the petition. (B) That, no more than 10 days prior to the ®ling of the petition, the licensed mental health treatment provider, or the provider's designee, has made appropriate attempts to elicit the cooperation of the person who is the subject of the petition, but has not been successful in persuading that person
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133 Ch. 140 Ð 10 Ð to submit to an examination, that the licensed mental health treatment provider has reason to believe that the person who is the subject of the petition meets the criteria for assisted outpatient treatment, and that the licensed mental health treatment provider is willing and able to examine the person who is the subject of the petition and testify at the hearing on the petition. (c) The person who is the subject of the petition shall have the right to be represented by counsel at all stages of a proceeding commenced under this section. If the person so elects, the court shall immediately appoint the public defender or other attorney to assist the person in all stages of the proceedings. The person shall pay the cost of the legal services if able to do so. (d) (1) Upon receipt by the court of a petition submitted pursuant to subdivision (b), the court shall ®x the date for a hearing at a time not later than ®ve days from the date the petition is received by the court, excluding Saturdays, Sundays, and holidays. The petitioner shall promptly cause service of a copy of the petition, together with written notice of the hearing date, to be made personally on the person who is the subject of the petition, and shall send a copy of the petition and notice to the county of®ce of patient rights, and to the current health care provider appointed for the person who is the subject of the petition, if the provider is known to the petitioner. Continuances shall be permitted only for good cause shown. In granting continuances, the court shall consider the need for further examination by a physician or the potential need to provide expeditiously assisted outpatient treatment. Upon the hearing date, or upon any other date or dates to which the proceeding may be continued, the court shall hear testimony. If it is deemed advisable by the court, and if the person who is the subject of the petition is available and has received notice pursuant to this section, the court may examine in or out of court the person who is the subject of the petition who is alleged to be in need of assisted outpatient treatment. If the person who is the subject of the petition does not appear at the hearing, and appropriate attempts to elicit the attendance of the person have failed, the court may conduct the hearing in the person's absence. If the hearing is conducted without the person present, the court shall set forth the factual basis for conducting the hearing without the person's presence. (2) The court shall not order assisted outpatient treatment unless an examining licensed mental health treatment provider, who has personally examined, and has reviewed the available treatment history of, the person who is the subject of the petition within the time period commencing 10 days before the ®ling of the petition, testi®es in person at the hearing. (3) If the person who is the subject of the petition has refused to be examined by a licensed mental health treatment provider, the court may request that the person consent to an examination by a licensed mental health treatment provider appointed by the court. If the person who is the subject of the petition does not consent and the court ®nds reasonable cause to believe that the allegations in the petition are true, the court may order any person designated under Section 5150 to take into custody the person who
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134 Ð 11 Ð Ch. 140 is the subject of the petition and transport the person, or cause the person to be transported, to a hospital for examination by a licensed mental health treatment provider as soon as is practicable. Detention of the person who is the subject of the petition under the order may not exceed 72 hours. If the examination is performed by another licensed mental health treatment provider, the examining licensed mental health treatment provider may consult with the licensed mental health treatment provider whose af®rmation or af®davit accompanied the petition regarding the issues of whether the allegations in the petition are true and whether the person meets the criteria for assisted outpatient treatment. (4) The person who is the subject of the petition shall have all of the following rights: (A) To adequate notice of the hearings to the person who is the subject of the petition, as well as to parties designated by the person who is the subject of the petition. (B) To receive a copy of the court-ordered evaluation. (C) To counsel. If the person has not retained counsel, the court shall appoint a public defender. (D) To be informed of the right to judicial review by habeas corpus. (E) To be present at the hearing unless the person waives the right to be present. (F) To present evidence. (G) To call witnesses on the person's behalf. (H) To cross-examine witnesses. (I) To appeal decisions, and to be informed of the right to appeal. (5) (A) If after hearing all relevant evidence, the court ®nds that the person who is the subject of the petition does not meet the criteria for assisted outpatient treatment, the court shall dismiss the petition. (B) If after hearing all relevant evidence, the court ®nds that the person who is the subject of the petition meets the criteria for assisted outpatient treatment, and there is no appropriate and feasible less restrictive alternative, the court may order the person who is the subject of the petition to receive assisted outpatient treatment for an initial period not to exceed six months. In fashioning the order, the court shall specify that the proposed treatment is the least restrictive treatment appropriate and feasible for the person who is the subject of the petition. The order shall state the categories of assisted outpatient treatment, as set forth in Section 5348, that the person who is the subject of the petition is to receive, and the court may not order treatment that has not been recommended by the examining licensed mental health treatment provider and included in the written treatment plan for assisted outpatient treatment as required by subdivision (e). If the person has executed an advance health care directive pursuant to Chapter 2 (commencing with Section 4650) of Part 1 of Division 4.7 of the Probate Code, any directions included in the advance health care directive shall be considered in formulating the written treatment plan. (6) If the person who is the subject of a petition for an order for assisted outpatient treatment pursuant to subparagraph (B) of paragraph (5) refuses
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135 Ch. 140 Ð 12 Ð to participate in the assisted outpatient treatment program, the court may order the person to meet with the assisted outpatient treatment team designated by the director of the assisted outpatient treatment program. The treatment team shall attempt to gain the person's cooperation with treatment ordered by the court. The person may be subject to a 72-hour hold pursuant to subdivision (f) only after the treatment team has attempted to gain the person's cooperation with treatment ordered by the court, and has been unable to do so. (e) Assisted outpatient treatment shall not be ordered unless the licensed mental health treatment provider recommending assisted outpatient treatment to the court has submitted to the court a written treatment plan that includes services as set forth in Section 5348, and the court ®nds, in consultation with the county behavioral health director, or the director's designee, all of the following: (1) That the services are available from the county, or a provider approved by the county, for the duration of the court order. (2) That the services have been offered to the person by the local director of mental health, or the director's designee, and the person has been given an opportunity to participate on a voluntary basis, and the person has failed to engage in, or has refused, treatment. (3) That all of the elements of the petition required by this article have been met. (4) That the treatment plan will be delivered to the county behavioral health director, or to the director's appropriate designee. (f) If, in the clinical judgment of a licensed mental health treatment provider, the person who is the subject of the petition has failed or has refused to comply with the treatment ordered by the court, and, in the clinical judgment of the licensed mental health treatment provider, efforts were made to solicit compliance, and, in the clinical judgment of the licensed mental health treatment provider, the person may be in need of involuntary admission to a hospital for evaluation, the provider may request that persons designated under Section 5150 take into custody the person who is the subject of the petition and transport the person, or cause the person to be transported, to a hospital, to be held up to 72 hours for examination by a licensed mental health treatment provider to determine if the person is in need of treatment pursuant to Section 5150. Any continued involuntary retention in a hospital beyond the initial 72-hour period shall be pursuant to Section 5150. If at any time during the 72-hour period the person is determined not to meet the criteria of Section 5150, and does not agree to stay in the hospital as a voluntary patient, the person shall be released and any subsequent involuntary detention in a hospital shall be pursuant to Section 5150. Failure to comply with an order of assisted outpatient treatment alone may not be grounds for involuntary civil commitment or a ®nding that the person who is the subject of the petition is in contempt of court. (g) If the director of the assisted outpatient treatment program determines that the condition of the patient requires further assisted outpatient treatment, the director shall apply to the court, prior to the expiration of the period of
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136 Ð 13 Ð Ch. 140 the initial assisted outpatient treatment order, for an order authorizing continued assisted outpatient treatment for a period not to exceed 180 days from the date of the order. The procedures for obtaining an order pursuant to this subdivision shall be in accordance with subdivisions (a) to (f), inclusive. The period for further involuntary outpatient treatment authorized by a subsequent order under this subdivision may not exceed 180 days from the date of the order. (h) At intervals of not less than 60 days during an assisted outpatient treatment order, the director of the outpatient treatment program shall ®le an af®davit with the court that ordered the outpatient treatment af®rming that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment. At these times, the person who is the subject of the order shall have the right to a hearing on whether or not the person still meets the criteria for assisted outpatient treatment if they disagree with the director's af®davit. The burden of proof shall be on the director. (i) During each 60-day period speci®ed in subdivision (h), if the person who is the subject of the order believes that they are being wrongfully retained in the assisted outpatient treatment program against their wishes, the person may ®le a petition for a writ of habeas corpus, thus requiring the director of the assisted outpatient treatment program to prove that the person who is the subject of the order continues to meet the criteria for assisted outpatient treatment. (j) A person ordered to undergo assisted outpatient treatment pursuant to this article, who was not present at the hearing at which the order was issued, may immediately petition the court for a writ of habeas corpus. Treatment under the order for assisted outpatient treatment may not commence until the resolution of that petition. (k) This section shall become operative on July 1, 2021. SEC. 3. Section 5347 of the Welfare and Institutions Code is amended to read: 5347. (a) In a county where services are available pursuant to Section 5348, a person who is determined by the court to be subject to subdivision (a) of Section 5346 may voluntarily enter into an agreement for services under this section. (b) (1) After a petition for an order for assisted outpatient treatment is ®led, but before the conclusion of the hearing on the petition, the person who is the subject of the petition, or the person's legal counsel with the person's consent, may waive the right to an assisted outpatient treatment hearing for the purpose of obtaining treatment under a settlement agreement, provided that an examining licensed mental health treatment provider states that the person can survive safely in the community. The settlement agreement may not exceed 180 days in duration and shall be agreed to by all parties. (2) The settlement agreement shall be in writing, shall be approved by the court, and shall include a treatment plan developed by the community-based program that will provide services that provide treatment
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137 Ch. 140 Ð 14 Ð in the least restrictive manner consistent with the needs of the person who is the subject of the petition. (3) Either party may request that the court modify the treatment plan at any time during the 180-day period. (4) The court shall designate the appropriate county department to monitor the person's treatment under, and compliance with, the settlement agreement. If the person fails to comply with the treatment according to the agreement, the designated county department shall notify the counsel designated by the county and the person's counsel of the person's noncompliance. (5) A settlement agreement approved by the court pursuant to this section shall have the same force and effect as an order for assisted outpatient treatment pursuant to Section 5346. (6) At a hearing on the issue of noncompliance with the agreement, the written statement of noncompliance submitted shall be prima facie evidence that a violation of the conditions of the agreement has occurred. If the person who is the subject of the petition denies any of the facts as stated in the statement, they have the burden of proving by a preponderance of the evidence that the alleged facts are false. (c) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. SEC. 4. Section 5347 is added to the Welfare and Institutions Code, to read: 5347. (a) In a county or group of counties where services are available pursuant to Section 5348, a person who is determined by the court to be subject to subdivision (a) of Section 5346 may voluntarily enter into an agreement for services under this section. (b) (1) After a petition for an order for assisted outpatient treatment is ®led, but before the conclusion of the hearing on the petition, the person who is the subject of the petition, or the person's legal counsel with the person's consent, may waive the right to an assisted outpatient treatment hearing for the purpose of obtaining treatment under a settlement agreement, provided that an examining licensed mental health treatment provider states that the person can survive safely in the community. The settlement agreement may not exceed 180 days in duration and shall be agreed to by all parties. (2) The settlement agreement shall be in writing, be approved by the court, and include a treatment plan developed by the community-based program that will provide services that provide treatment in the least restrictive manner consistent with the needs of the person who is the subject of the petition. (3) Either party may request that the court modify the treatment plan at any time during the 180-day period. (4) The court shall designate the appropriate county department to monitor the person's treatment under, and compliance with, the settlement agreement. If the person fails to comply with the treatment according to the agreement, the designated county department shall notify the counsel designated by the county and the person's counsel of the person's noncompliance.
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138 Ð 15 Ð Ch. 140
(5) A settlement agreement approved by the court pursuant to this section shall have the same force and effect as an order for assisted outpatient treatment pursuant to Section 5346. (6) At a hearing on the issue of noncompliance with the agreement, the written statement of noncompliance submitted shall be prima facie evidence that a violation of the conditions of the agreement has occurred. If the person who is the subject of the petition denies any of the facts as stated in the statement, they have the burden of proving by a preponderance of the evidence that the alleged facts are false. (c) This section shall become operative on July 1, 2021. SEC. 5. Section 5348 of the Welfare and Institutions Code is amended to read: 5348. (a) For purposes of subdivision (e) of Section 5346, a county that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services, including, but not limited to, all of the following: (1) Community-based, mobile, multidisciplinary, highly trained mental health teams that use high staff-to-client ratios of no more than 10 clients per team member for those subject to court-ordered services pursuant to Section 5346. (2) A service planning and delivery process that includes the following: (A) Determination of the numbers of persons to be served and the programs and services that will be provided to meet their needs. The local director of mental health shall consult with the sheriff, the police chief, the probation of®cer, the mental health board, contract agencies, and family, client, ethnic, and citizen constituency groups as determined by the director. (B) Plans for services, including outreach to families whose severely mentally ill adult is living with them, design of mental health services, coordination and access to medications, psychiatric and psychological services, substance abuse services, supportive housing or other housing assistance, vocational rehabilitation, and veterans' services. Plans shall also contain evaluation strategies that shall consider cultural, linguistic, gender, age, and special needs of minorities and those based on any characteristic listed or de®ned in Section 11135 of the Government Code in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services as a result of having limited-English-speaking ability and cultural differences. Recipients of outreach services may include families, the public, primary care physicians, and others who are likely to come into contact with individuals who may be suffering from an untreated severe mental illness who would be likely to become homeless if the illness continued to be untreated for a substantial period of time. Outreach to adults may include adults voluntarily or involuntarily hospitalized as a result of a severe mental illness. (C) Provision for services to meet the needs of persons who are physically disabled. (D) Provision for services to meet the special needs of older adults.
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139 Ch. 140 Ð 16 Ð
(E) Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, if appropriate. (F) Provision for services to be client-directed and that employ psychosocial rehabilitation and recovery principles. (G) Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning. (H) Provision for services speci®cally directed to seriously mentally ill young adults 25 years of age or younger who are homeless or at signi®cant risk of becoming homeless. These provisions may include continuation of services that still would be received through other funds had eligibility not been terminated as a result of age. (I) Services re¯ecting special needs of women from diverse cultural backgrounds, including supportive housing that accepts children, personal services coordinator therapeutic treatment, and substance treatment programs that address gender-speci®c trauma and abuse in the lives of persons with mental illness, and vocational rehabilitation programs that offer job training programs free of gender bias and sensitive to the needs of women. (J) Provision for housing for clients that is immediate, transitional, permanent, or all of these. (K) Provision for clients who have been suffering from an untreated severe mental illness for less than one year, and who do not require the full range of services, but who are at risk of becoming homeless unless a comprehensive individual and family support services plan is implemented. These clients shall be served in a manner that is designed to meet their needs. (3) Each client shall have a clearly designated mental health personal services coordinator who may be part of a multidisciplinary treatment team that is responsible for providing or ensuring needed services. Responsibilities include complete assessment of the client's needs, development of the client's personal services plan, linkage with all appropriate community services, monitoring of the quality and followthrough of services, and necessary advocacy to ensure each client receives those services that are agreed to in the personal services plan. Each client shall participate in the development of their personal services plan, and responsible staff shall consult with the designated conservator, if one has been appointed, and, with the consent of the client, shall consult with the family and other signi®cant persons as appropriate. (4) The individual personal services plan shall ensure that persons subject to assisted outpatient treatment programs receive age-appropriate, gender-appropriate, and culturally appropriate services, to the extent feasible, that are designed to enable recipients to: (A) Live in the most independent, least restrictive housing feasible in the local community, and, for clients with children, to live in a supportive housing environment that strives for reuni®cation with their children or assists clients in maintaining custody of their children, as is appropriate.
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140 Ð 17 Ð Ch. 140
(B) Engage in the highest level of work or productive activity appropriate to their abilities and experience. (C) Create and maintain a support system consisting of friends, family, and participation in community activities. (D) Access an appropriate level of academic education or vocational training. (E) Obtain an adequate income. (F) Self-manage their illnesses and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives. (G) Access necessary physical health care and maintain the best possible physical health. (H) Reduce or eliminate serious antisocial or criminal behavior, and thereby reduce or eliminate their contact with the criminal justice system. (I) Reduce or eliminate the distress caused by the symptoms of mental illness. (J) Have freedom from dangerous addictive substances. (5) The individual personal services plan shall describe the service array that meets the requirements of paragraph (4) and, to the extent applicable to the individual, the requirements of paragraph (2). (b) A county that provides assisted outpatient treatment services pursuant to this article also shall offer the same services on a voluntary basis. (c) Involuntary medication shall not be allowed absent a separate order by the court pursuant to Sections 5332 to 5336, inclusive. (d) A county that operates an assisted outpatient treatment program pursuant to this article shall provide data to the State Department of Health Care Services and, based on the data, the department shall report to the Governor and the Legislature on or before May 1 of each year regarding the services the county provides pursuant to this article. The report shall include, at a minimum, an evaluation of the effectiveness of the strategies employed by each program operated pursuant to this article in reducing homelessness and hospitalization of persons in the program and in reducing involvement with local law enforcement by persons in the program. The evaluation and report shall also include any other measures identi®ed by the department regarding persons in the program and all of the following, based on information that is available: (1) The number of persons served by the program and, of those, the number who are able to maintain housing and the number who maintain contact with the treatment system. (2) The number of persons in the program with contacts with local law enforcement, and the extent to which local and state incarceration of persons in the program has been reduced or avoided. (3) The number of persons in the program participating in employment services programs, including competitive employment. (4) The days of hospitalization of persons in the program that have been reduced or avoided. (5) Adherence to prescribed treatment by persons in the program.
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141 Ch. 140 Ð 18 Ð
(6) Other indicators of successful engagement, if any, by persons in the program. (7) Victimization of persons in the program. (8) Violent behavior of persons in the program. (9) Substance abuse by persons in the program. (10) Type, intensity, and frequency of treatment of persons in the program. (11) Extent to which enforcement mechanisms are used by the program, when applicable. (12) Social functioning of persons in the program. (13) Skills in independent living of persons in the program. (14) Satisfaction with program services both by those receiving them, and by their families, when relevant. (e) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. SEC. 6. Section 5348 is added to the Welfare and Institutions Code, to read: 5348. (a) For purposes of subdivision (e) of Section 5346, a county or group of counties that chooses to provide assisted outpatient treatment services pursuant to this article shall offer assisted outpatient treatment services, including, but not limited to, all of the following: (1) Community-based, mobile, multidisciplinary, highly trained mental health teams that use high staff-to-client ratios of no more than 10 clients per team member for those subject to court-ordered services pursuant to Section 5346. (2) A service planning and delivery process that includes the following: (A) Determination of the numbers of persons to be served and the programs and services that will be provided to meet their needs. The local director of mental health shall consult with the sheriff, the police chief, the probation of®cer, the mental health board, contract agencies, and family, client, ethnic, and citizen constituency groups as determined by the director. (B) Plans for services, including outreach to families whose severely mentally ill adult is living with them, design of mental health services, coordination and access to medications, psychiatric and psychological services, substance abuse services, supportive housing or other housing assistance, vocational rehabilitation, and veterans' services. Plans shall also contain evaluation strategies that shall consider cultural, linguistic, gender, age, and special needs of minorities and those based on any characteristic listed or de®ned in Section 11135 of the Government Code in the target populations. Provision shall be made for staff with the cultural background and linguistic skills necessary to remove barriers to mental health services as a result of having limited-English-speaking ability and cultural differences. Recipients of outreach services may include families, the public, primary care physicians, and others who are likely to come into contact with individuals who may be suffering from an untreated severe mental illness who would be likely to become homeless if the illness continued to be untreated for a substantial period of time. Outreach to adults may include
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142 Ð 19 Ð Ch. 140 adults voluntarily or involuntarily hospitalized as a result of a severe mental illness. (C) Provision for services to meet the needs of persons who are physically disabled. (D) Provision for services to meet the special needs of older adults. (E) Provision for family support and consultation services, parenting support and consultation services, and peer support or self-help group support, if appropriate. (F) Provision for services to be client-directed and that employ psychosocial rehabilitation and recovery principles. (G) Provision for psychiatric and psychological services that are integrated with other services and for psychiatric and psychological collaboration in overall service planning. (H) Provision for services speci®cally directed to seriously mentally ill young adults 25 years of age or younger who are homeless or at signi®cant risk of becoming homeless. These provisions may include continuation of services that still would be received through other funds had eligibility not been terminated as a result of age. (I) Services re¯ecting special needs of women from diverse cultural backgrounds, including supportive housing that accepts children, personal services coordinator therapeutic treatment, and substance treatment programs that address gender-speci®c trauma and abuse in the lives of persons with mental illness, and vocational rehabilitation programs that offer job training programs free of gender bias and sensitive to the needs of women. (J) Provision for housing for clients that is immediate, transitional, permanent, or all of these. (K) Provision for clients who have been suffering from an untreated severe mental illness for less than one year, and who do not require the full range of services, but who are at risk of becoming homeless unless a comprehensive individual and family support services plan is implemented. These clients shall be served in a manner that is designed to meet their needs. (3) Each client shall have a clearly designated mental health personal services coordinator who may be part of a multidisciplinary treatment team that is responsible for providing or ensuring needed services. Responsibilities include complete assessment of the client's needs, development of the client's personal services plan, linkage with all appropriate community services, monitoring of the quality and followthrough of services, and necessary advocacy to ensure each client receives those services that are agreed to in the personal services plan. Each client shall participate in the development of their personal services plan, and responsible staff shall consult with the designated conservator, if one has been appointed, and, with the consent of the client, shall consult with the family and other signi®cant persons as appropriate. (4) The individual personal services plan shall ensure that persons subject to assisted outpatient treatment programs receive age-appropriate, gender-appropriate, and culturally appropriate services, to the extent feasible, that are designed to enable recipients to:
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143 Ch. 140 Ð 20 Ð
(A) Live in the most independent, least restrictive housing feasible in the local community, and, for clients with children, to live in a supportive housing environment that strives for reuni®cation with their children or assists clients in maintaining custody of their children, as is appropriate. (B) Engage in the highest level of work or productive activity appropriate to their abilities and experience. (C) Create and maintain a support system consisting of friends, family, and participation in community activities. (D) Access an appropriate level of academic education or vocational training. (E) Obtain an adequate income. (F) Self-manage their illnesses and exert as much control as possible over both the day-to-day and long-term decisions that affect their lives. (G) Access necessary physical health care and maintain the best possible physical health. (H) Reduce or eliminate serious antisocial or criminal behavior, and thereby reduce or eliminate their contact with the criminal justice system. (I) Reduce or eliminate the distress caused by the symptoms of mental illness. (J) Have freedom from dangerous addictive substances. (5) The individual personal services plan shall describe the service array that meets the requirements of paragraph (4) and, to the extent applicable to the individual, the requirements of paragraph (2). (b) A county that provides assisted outpatient treatment services pursuant to this article also shall offer the same services on a voluntary basis. (c) Involuntary medication shall not be allowed absent a separate order by the court pursuant to Sections 5332 to 5336, inclusive. (d) A county that operates an assisted outpatient treatment program pursuant to this article shall provide data to the State Department of Health Care Services and, based on the data, the department shall report to the Legislature on or before May 1 of each year in which the county provides services pursuant to this article. The report shall include, at a minimum, an evaluation of the effectiveness of the strategies employed by each program operated pursuant to this article in reducing homelessness and hospitalization of persons in the program and in reducing involvement with local law enforcement by persons in the program. The evaluation and report shall also include any other measures identi®ed by the department regarding persons in the program and all of the following, based on information that is available: (1) The number of persons served by the program and, of those, the number who are able to maintain housing and the number who maintain contact with the treatment system. (2) The number of persons in the program with contacts with local law enforcement, and the extent to which local and state incarceration of persons in the program has been reduced or avoided. (3) The number of persons in the program participating in employment services programs, including competitive employment.
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144 Ð 21 Ð Ch. 140
(4) The days of hospitalization of persons in the program that have been reduced or avoided. (5) Adherence to prescribed treatment by persons in the program. (6) Other indicators of successful engagement, if any, by persons in the program. (7) Victimization of persons in the program. (8) Violent behavior of persons in the program. (9) Substance abuse by persons in the program. (10) Type, intensity, and frequency of treatment of persons in the program. (11) Extent to which enforcement mechanisms are used by the program, when applicable. (12) Social functioning of persons in the program. (13) Skills in independent living of persons in the program. (14) Satisfaction with program services both by those receiving them, and by their families, when relevant. (e) This section shall become operative on July 1, 2021. SEC. 7. Section 5349 of the Welfare and Institutions Code is amended to read: 5349. (a) This article shall be operative in those counties in which the county board of supervisors, by resolution or through the county budget process, authorizes its application and makes a ®nding that no voluntary mental health program serving adults, and no children's mental health program, may be reduced as a result of the implementation of this article. To the extent otherwise permitted under state and federal law, counties that elect to implement this article may pay for the provision of services under Sections 5347 and 5348 using funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011, funds from the Mental Health Services Fund when included in county plans pursuant to Section 5847, and any other funds from which the Controller makes distributions to the counties for those purposes. Compliance with this section shall be monitored by the State Department of Health Care Services. (b) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. SEC. 8. Section 5349 is added to the Welfare and Institutions Code, to read: 5349. (a) A county or group of counties that does not wish to implement this article may opt out of the requirements of this article by a resolution passed by the governing body that state the reasons for opting out and any facts or circumstances relied on in making that decision. To the extent otherwise permitted under state and federal law, counties that implement this article may pay for the provision of services under Sections 5347 and 5348 using funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License
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145 Ch. 140 Ð 22 Ð
Collection Account of the Local Revenue Fund, funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011, funds from the Mental Health Services Fund when included in county plans pursuant to Section 5847, and any other funds from which the Controller makes distributions to the counties for those purposes. Compliance with this section shall be monitored by the State Department of Health Care Services as part of the review and approval of city, county, or group of county performance contracts. (b) In lieu of the resolution to opt out pursuant to subdivision (a), a county may elect to implement this article in combination with one or more counties pursuant to the implementation provisions of subdivision (d). (c) A county or group of counties implementing this article shall not reduce existing voluntary mental health programs serving adults or children's mental health programs as a result of implementation. (d) If multiple counties choose to provide services pursuant to Section 5348, those counties shall execute a memorandum of understanding (MOU) that shall include, but not be limited to, a process for designating the lead county for an individual receiving services pursuant to the MOU for the following purposes: (1) Making the ®nding set forth in subdivision (d) of Section 5346. (2) Ensuring that services are provided and determining where they are provided. (3) Determining the county incurring ®nancial responsibility, as applicable, for an individual receiving services. (4) Ensuring that appropriate followup care is in place upon an individual's release from the treatment program. (e) This section shall become operative on July 1, 2021. SEC. 9. Section 5349.1 of the Welfare and Institutions Code is amended to read: 5349.1. (a) Counties that elect to implement this article, shall, in consultation with the State Department of Health Care Services, client and family advocacy organizations, and other stakeholders, develop a training and education program for purposes of improving the delivery of services to mentally ill individuals who are, or who are at risk of being, involuntarily committed under this part. This training shall be provided to mental health treatment providers contracting with participating counties and to other individuals, including, but not limited to, mental health professionals, law enforcement of®cials, and certi®cation hearing of®cers involved in making treatment and involuntary commitment decisions. (b) The training shall include both of the following: (1) Information relative to legal requirements for detaining a person for involuntary inpatient and outpatient treatment, including criteria to be considered with respect to determining if a person is considered to be gravely disabled. (2) Methods for ensuring that decisions regarding involuntary treatment, as provided for in this part, direct patients toward the most effective
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146 Ð 23 Ð Ch. 140 treatment. Training shall include an emphasis on each patient's right to provide informed consent to assistance. (c) This section shall become inoperative on July 1, 2021, and, as of January 1, 2022, is repealed. SEC. 10. Section 5349.1 is added to the Welfare and Institutions Code, to read: 5349.1. (a) A county or group of counties that implements this article, shall, in consultation with the State Department of Health Care Services, client and family advocacy organizations, and other stakeholders, develop a training and education program for purposes of improving the delivery of services to mentally ill individuals who are, or who are at risk of being, involuntarily committed under this part. This training shall be provided to mental health treatment providers contracting with participating counties and to other individuals, including, but not limited to, mental health professionals, law enforcement of®cials, and certi®cation hearing of®cers involved in making treatment and involuntary commitment decisions. (b) The training shall include both of the following: (1) Information relative to legal requirements for detaining a person for involuntary inpatient and outpatient treatment, including criteria to be considered with respect to determining if a person is considered to be gravely disabled. (2) Methods for ensuring that decisions regarding involuntary treatment, as provided for in this part, direct patients toward the most effective treatment. Training shall include an emphasis on each patient's right to provide informed consent to assistance. (c) This section shall become operative on July 1, 2021. SEC. 11. Section 5349.5 of the Welfare and Institutions Code is repealed.
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147 148 Assembly Bill No. 992
CHAPTER 89
An act to amend, repeal, and add Section 54952.2 of the Government Code, relating to local government.
[Approved by Governor September 18, 2020. Filed with Secretary of State September 18, 2020.]
legislative counsel’s digest AB 992, Mullin. Open meetings: local agencies: social media. The Ralph M. Brown Act generally requires that the meetings of legislative bodies of local agencies be conducted openly. That act de®nes ªmeetingº for purposes of the act and prohibits a majority of the members of a legislative body, outside a meeting authorized by the act, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. This bill would provide that, until January 1, 2026, the prohibition described above does not prevent a member from engaging in separate conversations or communications outside of a meeting authorized by this act with any other person using an internet-based social media platform, as de®ned, to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members do not use the internet-based social media platform to discuss among themselves, as de®ned, business of a speci®c nature that is within the subject matter jurisdiction of the legislative body, and that a member shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public of®cials and agencies be adopted with ®ndings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative ®ndings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public of®cials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains ®ndings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative ®ndings to that effect.
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149 Ch. 89 Ð 2 Ð
The people of the State of California do enact as follows:
SECTION 1. Section 54952.2 of the Government Code is amended to read: 54952.2. (a) As used in this chapter, ªmeetingº means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or of®cial of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a speci®c nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (B) For purposes of this paragraph, all of the following de®nitions shall apply: (i) ªDiscuss among themselvesº means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) ªInternet-based social media platformº means an online service that is open and accessible to the public. (iii) ªOpen and accessible to the publicº means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any
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150 Ð 3 Ð Ch. 89 forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a speci®ed nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a speci®c nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a speci®c nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a speci®c nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. (d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. SEC. 2. Section 54952.2 is added to the Government Code, to read: 54952.2. (a) As used in this chapter, ªmeetingº means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953,
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151 Ch. 89 Ð 4 Ð to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or of®cial of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a speci®ed nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a speci®c nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a speci®c nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a speci®c nature
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152 Ð 5 Ð Ch. 89 that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. (d) This section shall become operative on January 1, 2026. SEC. 3. The Legislature ®nds and declares that Section 1 and Section 2 of this act, which amends and adds Section 54952.2 of the Government Code, respectively, impose a limitation on the public's right of access to the meetings of public bodies or the writings of public of®cials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following ®ndings to demonstrate the interest protected by this limitation and the need for protecting that interest: The limitations on the people's right of access set forth in this act are necessary to ensure the free ¯ow of communications between members of a legislative body of a local agency and the public, particularly on internet-based social media platforms. SEC. 4. The Legislature ®nds and declares that Section 1 and Section 2 of this act, which amends and adds Section 54952.2 of the Government Code, respectively, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as they relate to the right of public access to the meetings of local public bodies or the writings of local public of®cials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following ®ndings: This act is necessary to ensure the free ¯ow of communications between members of a legislative body of a local agency and the public, particularly on internet-based social media platforms.
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153 154 Assembly Bill No. 2151
CHAPTER 214
An act to add Section 84616 to the Government Code, relating to the Political Reform Act of 1974.
[Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020.]
legislative counsel’s digest AB 2151, Gallagher. Political Reform Act of 1974: online ®ling and disclosure system. The Political Reform Act of 1974 requires the ®ling of speci®ed statements, reports and other documents. Under the act, a local government agency may require these ®lings to be made online or electronically with the local ®ling of®cer, as speci®ed. The act requires the local ®ling of®cer to make all data so ®led available on the internet in an easily understood format that provides the greatest public access. This bill would require a local government agency to post on its internet website, within 72 hours of the applicable ®ling deadline, a copy of any speci®ed statement, report, or other document ®led with that agency in paper format. This bill would require that the statement, report, or other document be made available for four years from the date of the election associated with the ®ling. By imposing a new duty on local government agencies, this 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, 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. The Political Reform Act of 1974, an initiative measure, provides that 2 the Legislature may amend the act to further the act's purposes upon a ¤3 vote of each house of the Legislature and compliance with speci®ed procedural requirements. This bill would declare that it furthers the purposes of the act.
The people of the State of California do enact as follows:
SECTION 1. Section 84616 is added to the Government Code, to read: 84616. (a) Within 72 hours of each applicable ®ling deadline, a local government agency shall post on its internet website a copy of any statement,
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155 Ch. 214 Ð 2 Ð report, or other document required by Chapter 4 (commencing with Section 84100) that is ®led with that agency in paper format. If the ®nal day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the local ®ling of®cer shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the ®ler. Providing a link on the agency's internet website to the statement, report, or other document satis®es this subdivision. (b) A statement, report, or other document posted pursuant to this section shall be made available for four years from the date of the election associated with the ®ling. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 3. The Legislature ®nds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
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156 Assembly Bill No. 732
CHAPTER 321
An act to amend Sections 3405, 3406, 3409, 4023.5, 4023.6, and 4028 of, and to add Sections 3408 and 4023.8 to, the Penal Code, relating to incarcerated persons.
[Approved by Governor September 30, 2020. Filed with Secretary of State September 30, 2020.]
legislative counsel’s digest AB 732, Bonta. County jails: prisons: incarcerated pregnant persons. (1) Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Under existing law, a female prisoner has the right to summon and receive the services of any physician and surgeon to determine whether they are pregnant. If the prisoner is found to be pregnant, existing law entitles the prisoner to services from the physician and surgeon of the prisoner's choice. Existing law prohibits an inmate known to be pregnant or in recovery after delivery from being restrained by the use of leg irons, waist chains, or handcuffs behind the body and prohibits restraints by the wrist, ankles, or both, unless deemed necessary for safety purposes, during labor, delivery, and recovery. Existing law requires an incarcerated person in state prison who menstruates to have access to materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Existing law places county jails under the jurisdiction of the sheriff for the con®nement of persons sentenced to imprisonment for the conviction of a crime. Existing law gives an inmate who is pregnant in a local detention facility the right to summon and receive the services of a physician or surgeon to determine if the inmate is pregnant and to receive medical services. Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities to require that inmates who are received by the facility while they are pregnant are provided a balanced, nutritious diet approved by a doctor, prenatal and postpartum information and healthcare, information pertaining to childbirth education and infant care, and a dental cleaning. Existing law requires that these standards also prohibit the restraining of an inmate known to be pregnant or in recovery after delivery, except as speci®ed. This bill would require an incarcerated person in a county jail or the state prison who is identi®ed as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration to be offered a test upon intake or request, and in the case of a county jail, within 72 hours of arrival at the jail. The bill would require an incarcerated person who is con®rmed to be pregnant to be scheduled for
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157 Ch. 321 Ð 2 Ð pregnancy examination with a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant within 7 days. The bill would require incarcerated pregnant persons to be scheduled for prenatal care visits, as speci®ed. The bill would require incarcerated pregnant persons to be provided speci®ed prenatal services and a referral to a social worker. The bill would require incarcerated pregnant persons to be given access to community-based programs serving pregnant, birthing, or lactating inmates. The bill would allow an incarcerated pregnant person to elect to have a support person present during childbirth. The bill would require an incarcerated pregnant person to be provided with a postpartum examination one week, and as needed up to 12 weeks postpartum. The bill would prohibit the use of tasers, pepper spray, or other chemical weapons against incarcerated pregnant persons. By imposing new duties on county jails, this bill would impose a state-mandated local program. (2) Existing law provides an inmate in a prison or local detention facility with the right to summon and receive the services of any physician to determine whether they are pregnant. This bill would provide an incarcerated person in a local detention facility with the right to summon a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant. The bill would make conforming changes. (3) Existing law requires that any female person con®ned in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. This bill would specify that this includes, but is not limited to, sanitary pads and tampons, and would require those items to be provided at no cost to the incarcerated person. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program. (4) Existing law requires local detention facilities to furnish every female person con®ned in the facility with information and education regarding the availability of family planning services and requires that family planning services be offered at least 60 days prior to a scheduled release. This bill would make these requirements applicable to all incarcerated persons. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program. (5) 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.
The people of the State of California do enact as follows:
SECTION 1. Section 3405 of the Penal Code is amended to read:
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3405. (a) A condition or restriction shall not be imposed upon the obtaining of an abortion by an incarcerated person, pursuant to the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in that act. Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transport. Incarcerated persons found to be pregnant and desiring abortions, shall be permitted to determine their eligibility for an abortion pursuant to state and federal law, and if determined to be eligible, shall be permitted to obtain an abortion after giving informed consent. (b) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. SEC. 2. Section 3406 of the Penal Code is amended to read: 3406. (a) Any incarcerated person shall have the right to summon and receive the services of any physician, nurse practitioner, certi®ed nurse midwife, or physician assistant of their choice in order to determine whether they are pregnant. The warden may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate this determination. (b) If the incarcerated person is found to be pregnant, they are entitled to a determination of the extent of the medical and surgical services needed and to the receipt of these services from the physician, nurse practitioner, certi®ed nurse midwife, or physician assistant of their choice. Any expenses occasioned by the services of a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant whose services are not provided by the institution shall be borne by the incarcerated person. (c) (1) A physician providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (2) A nurse practitioner providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate issued pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (3) A certi®ed nurse midwife providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (4) A physician assistant providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate issued pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (d) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. SEC. 3. Section 3408 is added to the Penal Code, to read:
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3408. (a) A person incarcerated in the state prison who is identi®ed as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration shall be offered a test upon intake or by request. Pregnancy tests shall be voluntary and not mandatory, and may only be administered by medical or nursing personnel. An incarcerated person who declines a pregnancy test shall be asked to sign an ªInformed Refusal of Pregnancy Testº form that shall become part of their medical ®le. (b) An incarcerated person with a positive pregnancy test result shall be offered comprehensive and unbiased options counseling that includes information about prenatal health care, adoption, and abortion. This counseling shall be furnished by a licensed health care provider or counselor who has been provided with training in reproductive health care and shall be nondirective, unbiased, and noncoercive. Prison staff shall not urge, force, or otherwise in¯uence a pregnant person's decision. (c) A prison shall not confer authority or discretion to nonmedical prison staff to decide if a pregnant person is eligible for an abortion. If a pregnant person decides to have an abortion, that person shall be offered, but not forced to accept, all due medical care and accommodations until they are no longer pregnant. A pregnant person who decides to have an abortion shall be referred to a licensed professional speci®ed in subdivision (b) of Section 2253 of the Business and Professions Code. (d) A person incarcerated in prison who is con®rmed to be pregnant shall, within seven days of arriving at the prison, be scheduled for a pregnancy examination with a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant. The examination shall include all of the following: (1) A determination of the gestational age of the pregnancy and the estimated due date. (2) A plan of care, including referrals for specialty and other services to evaluate for the presence of chronic medical conditions or infectious diseases, and to use health and social status of the incarcerated person to improve quality of care, isolation practices, level of activities, and bed assignments, and to inform appropriate specialists in relationship to gestational age and social and clinical needs, and to guide use of personal protective equipment and additional counseling for prevention and control of infectious diseases, if needed. (3) The ordering of prenatal labs and diagnostic studies, as needed based on gestational age or existing or newly diagnosed health conditions. (e) Incarcerated pregnant persons shall be scheduled for prenatal care visits as follows, unless otherwise indicated by the physician, nurse practitioner, certi®ed nurse midwife, or physician assistant: (1) Every four weeks in the ®rst trimester up to 24 to 28 weeks. (2) Every two weeks thereafter up to 36 weeks gestation. (3) Every one week thereafter until birth. (f) Incarcerated pregnant persons shall be provided access to both of the following:
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(1) Prenatal vitamins, to be taken on a daily basis, in accordance with medical standards of care. (2) Newborn care that includes access to appropriate assessment, diagnosis, care, and treatment for infectious diseases that may be transmitted from a birthing person to the birthing person's infant, such as HIV or syphilis. (g) Incarcerated pregnant persons housed in a multitier housing unit shall be assigned lower bunk and lower tier housing. (h) Incarcerated pregnant persons shall not be tased, pepper sprayed, or exposed to other chemical weapons. (i) Incarcerated pregnant persons who have used opioids prior to incarceration, either by admission or written documentation by a probation of®cer, or who are currently receiving methadone treatment, shall be offered medication assisted treatment with methadone or buprenorphine, pursuant to Section 11222 of the Health and Safety Code, and shall be provided information on the risks of withdrawal. (j) (1) An eligible incarcerated pregnant person or person who gives birth after incarceration in the prison shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating incarcerated persons. At a minimum, the notice shall contain guidelines for quali®cation, the timeframe for application, and the process for appealing a denial of admittance to those programs. (2) If a community-based program is denied access to the prison, the reason for the denial shall be provided in writing to the incarcerated person within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the incarcerated person, infant, public, or staff. (k) Each incarcerated pregnant person shall be referred to a social worker who shall do all of the following: (1) Discuss with the incarcerated person the options available for feeding, placement, and care of the child after birth, including the bene®ts of lactation. (2) Assist the incarcerated pregnant person with access to a phone in order to contact relatives regarding newborn placement. (3) Oversee the placement of the newborn child. (l) An incarcerated pregnant person shall be temporarily taken to a hospital outside the prison for the purpose of giving childbirth and shall be transported in the least restrictive way possible and in accordance with Section 3407. An incarcerated pregnant person shall not be shackled to anyone else during transport. An incarcerated pregnant person in labor or presumed to be in labor shall be treated as an emergency and shall be transported to the outside facility, accompanied by prison staff. (m) An incarcerated pregnant person may elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. The support person may be an approved visitor or the prison's staff designated to assist with prenatal care, labor, childbirth, lactation, and postpartum care. The approval for the support person shall be made by the administrator of the prison or that person's designee. If an incarcerated
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161 Ch. 321 Ð 6 Ð pregnant person's request for an elected support person is denied, reason for the denial shall be provided in writing to the incarcerated person within 15 working days of receipt of the request. The written denial shall address the safety or security concerns for the incarcerated person, infant, public, or staff. Upon receipt of a written denial, the incarcerated pregnant person may choose the approved institution staff to act as the support person. (n) All pregnant and postpartum incarcerated persons shall receive appropriate, timely, culturally responsive, and medically accurate and comprehensive care, evaluation, and treatment of existing or newly diagnosed chronic conditions, including mental health disorders and infectious diseases. (o) An incarcerated pregnant person in labor and delivery shall be given the maximum level of privacy possible during the labor and delivery process. If a guard is present, they shall be stationed outside the room rather than in the room, absent extraordinary circumstances. If a guard must be present in the room, the guard shall stand in a place that grants as much privacy as possible during labor and delivery. A guard shall be removed from the room if a professional who is currently responsible for the medical care of a pregnant incarcerated person during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of the guard is medically necessary. (p) Upon return to prison, the physician, nurse practitioner, certi®ed nurse midwife, or physician assistant shall provide a postpartum examination within one week from childbirth and as needed for up to 12 weeks postpartum, and shall determine whether the incarcerated person may be cleared for full duty or if medical restrictions are warranted. Postpartum individuals shall be given at least 12 weeks of recovery after any childbirth before they are required to resume normal activity. (q) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons have access. SEC. 4. Section 3409 of the Penal Code is amended to read: 3409. (a) A person incarcerated in state prison who menstruates or experiences uterine or vaginal bleeding shall, upon request, have access to, and be allowed to use, materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person. Any person incarcerated in state prison who is capable of becoming pregnant shall, upon request, have access to, and be allowed to obtain, contraceptive counseling and their choice of birth control methods, subject to the provisions of subdivision (b), unless medically contraindicated. (b) (1) Except as provided in paragraph (2), all birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) shall be made available to incarcerated persons who are capable of becoming pregnant, with the exception of sterilizing procedures prohibited by Section 3440. (2) The California Correctional Health Care Services shall establish a formulary that consists of all FDA-approved birth control methods and that
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162 Ð 7 Ð Ch. 321 shall be available to persons speci®ed in subdivision (a). If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is speci®cally indicated by a prescribing provider and approved by the chief medical physician at the facility. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider. (c) (1) Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant, shall be furnished by a licensed health care provider who has been provided with training in reproductive health care, including contraceptive care and counseling, and shall be nondirective, unbiased, and noncoercive. These services shall be furnished by the facility or by any other agency that contracts with the facility. Except as provided in paragraph (2), health care providers furnishing contraceptive services shall receive training in the following areas: (A) The requirements of this section. (B) Providing nondirective, unbiased, and noncoercive contraceptive counseling and services. (2) Providers who attend an orientation program for the Family Planning, Access, Care, and Treatment Program are deemed to have met the training requirements described in paragraph (1). (d) Any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive counseling and services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access. (e) Contraceptive counseling and family planning services shall be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date. (f) This section does not limit an incarcerated person's access to any method of contraception that is prescribed or recommended for any medically indicated reason. SEC. 5. Section 4023.5 of the Penal Code is amended to read: 4023.5. (a) Any person con®ned in any local detention facility shall, upon request, be allowed to continue to use materials necessary for (1) personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person, and (2) birth control measures as prescribed by a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant. (b) Each and every person con®ned in any local detention facility shall be furnished by the county with information and education regarding the availability of family planning services.
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163 Ch. 321 Ð 8 Ð
(c) Family planning services shall be offered to each and every incarcerated person at least 60 days prior to a scheduled release date. Upon request, any incarcerated person shall be furnished by the county with the services of a licensed physician or they shall be furnished by the county or by any other agency which contracts with the county with services necessary to meet their family planning needs at the time of their release. (d) For the purposes of this section, ªlocal detention facilityº means any city, county, or regional facility used for the con®nement of any prisoner for more than 24 hours. SEC. 6. Section 4023.6 of the Penal Code is amended to read: 4023.6. (a) Any incarcerated person in any local detention facility shall have the right to summon and receive the services of any physician, nurse practitioner, certi®ed nurse midwife, or physician assistant of their choice in order to determine whether they are pregnant. The superintendent of the facility may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate the determination. (b) If the incarcerated person is found to be pregnant, they are entitled to a determination of the extent of the medical and surgical services needed and to the receipt of such services from the physician, nurse practitioner, certi®ed nurse midwife, or physician assistant of their choice. Any expenses occasioned by the services of a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant whose services are not provided by the facility shall be borne by the incarcerated person. (c) For the purposes of this section, ªlocal detention facilityº means any city, county, or regional facility used for the con®nement of any female prisoner for more than 24 hours. (d) (1) Any physician providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (2) A nurse practitioner providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate issued pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (3) A certi®ed nurse midwife providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (4) A physician assistant providing services pursuant to this section shall possess a current, valid, and unrevoked certi®cate issued pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (e) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. SEC. 7. Section 4023.8 is added to the Penal Code, to read:
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4023.8. (a) A person incarcerated in a county jail who is identi®ed as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration shall be offered a pregnancy test upon intake or by request, within seventy-two hours of arrival at the jail. Pregnancy tests shall be voluntary and not mandatory, and may only be administered by medical or nursing personnel. An incarcerated person who declines a pregnancy test shall be asked to sign an ªInformed Refusal of Pregnancy Testº form that shall become part of their medical ®le. (b) An incarcerated person with a positive pregnancy test result shall be offered comprehensive and unbiased options counseling that includes information about prenatal health care, adoption, and abortion. This counseling shall be furnished by a licensed health care provider or counselor who has been provided with training in reproductive health care and shall be nondirective, unbiased, and noncoercive. Jail staff shall not urge, force, or otherwise in¯uence a pregnant person's decision. (c) A jail shall not confer authority or discretion to nonmedical jail staff to decide if a pregnant person is eligible for an abortion. If a pregnant person decides to have an abortion, that person shall be offered, but not forced to accept, all due medical care and accommodations until they are no longer pregnant. A pregnant person who decides to have an abortion shall be referred to a licensed professional speci®ed in subdivision (b) of Section 2253 of Business and Professions Code. (d) A person incarcerated in a county jail who is con®rmed to be pregnant shall, within seven days of arriving at the jail, be scheduled for a pregnancy examination with a physician, nurse practitioner, certi®ed nurse midwife, or physician assistant. The examination shall include all of the following: (1) A determination of the gestational age of the pregnancy and the estimated due date. (2) A plan of care, including referrals for specialty and other services to evaluate for the presence of chronic medical conditions or infectious diseases, and to use health and social status of the incarcerated person to improve quality of care, isolation practices, level of activities, and bed assignments, and to inform appropriate specialists in relationship to gestational age and social and clinical needs, and to guide use of personal protective equipment and additional counseling for prevention and control of infectious diseases, if needed. (3) The ordering of prenatal labs and diagnostic studies, as needed based on gestational age or existing or newly diagnosed health conditions. (e) Incarcerated pregnant persons shall be scheduled for prenatal care visits in accordance with medical standards outlined in the most current edition of Guidelines for Perinatal Care developed by the American Academy of Pediatrics (AAP) and the American College of Obstetricians and Gynecologists (ACOG) Committee on Obstetric Practice, unless more frequent visits are indicated by the physician, nurse practitioner, certi®ed nurse midwife, or physician assistant. (f) Incarcerated pregnant persons shall be provided access to both of the following:
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165 Ch. 321 Ð 10 Ð
(1) Prenatal vitamins, to be taken on a daily basis, in accordance with medical standards of care. (2) Newborn care that includes access to appropriate assessment, diagnosis, care, and treatment for infectious diseases that may be transmitted from a birthing person to the birthing person's infant, such as HIV or syphilis. (g) Incarcerated pregnant persons housed in a multitier housing unit shall be assigned lower bunk and lower tier housing. (h) Incarcerated pregnant persons shall not be tased, pepper sprayed, or exposed to other chemical weapons. (i) Incarcerated pregnant persons who have used opioids prior to incarceration, either by admission or written documentation by a probation of®cer, or who are currently receiving methadone treatment, shall be offered medication assisted treatment with methadone or buprenorphine, pursuant to Section 11222 of the Health and Safety Code, and shall be provided information on the risks of withdrawal. (j) An eligible incarcerated pregnant person or person who gives birth after incarceration in the jail shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating incarcerated persons. (k) Each incarcerated pregnant person shall be referred to a social worker who shall do all of the following: (1) Discuss with the incarcerated person the options available for feeding, placement, and care of the child after birth, including the bene®ts of lactation. (2) Assist the incarcerated pregnant person with access to a phone in order to contact relatives regarding newborn placement. (3) Oversee the placement of the newborn child. (l) An incarcerated pregnant person shall be temporarily taken to a hospital outside the jail for the purpose of giving childbirth and shall be transported in the least restrictive way possible and in accordance with Section 3407. An incarcerated pregnant person shall not be shackled to anyone else during transport. An incarcerated pregnant person in labor or presumed to be in labor shall be treated as an emergency and shall be transported to the outside facility, accompanied by jail staff. (m) An incarcerated pregnant person may elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. The support person may be an approved visitor or the jail's staff designated to assist with prenatal care, labor, childbirth, lactation, and postpartum care. (n) All pregnant and postpartum incarcerated persons shall receive appropriate, timely, culturally responsive, and medically accurate and comprehensive care, evaluation, and treatment of existing or newly diagnosed chronic conditions, including mental health disorders and infectious diseases. (o) An incarcerated pregnant person in labor and delivery shall be given the maximum level of privacy possible during the labor and delivery process. If a guard is present, they shall be stationed outside the room rather than in the room absent extraordinary circumstances. If a guard must be present in
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166 Ð 11 Ð Ch. 321 the room, the guard shall stand in a place that grants as much privacy as possible during labor and delivery. A guard shall be removed from the room if a professional who is currently responsible for the medical care of a pregnant incarcerated person during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of the guard is medically necessary. (p) Upon return to jail, the physician, nurse practitioner, certi®ed nurse midwife, or physician assistant shall provide a postpartum examination within one week from childbirth and as needed for up to 12 weeks postpartum, and shall determine whether the incarcerated person may be cleared for full duty or if medical restrictions are warranted. Postpartum individuals shall be given at least 12 weeks of recovery after any childbirth before they are required to resume normal activity. (q) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons have access. SEC. 8. Section 4028 of the Penal Code is amended to read: 4028. (a) A condition or restriction upon the obtaining of an abortion by a person detained in any local detention facility, pursuant to the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in that act, shall not be imposed. Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transportation. Persons found to be pregnant and desiring abortions shall be permitted to determine their eligibility for an abortion pursuant to state and federal law, and if determined to be eligible, shall be permitted to obtain an abortion, after providing informed consent. (b) For the purposes of this section, ªlocal detention facilityº means any city, county, or regional facility used for the con®nement of any female person for more than 24 hours. (c) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. SEC. 9. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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167 168 Assembly Bill No. 846
CHAPTER 322
An act to amend Section 1031 of, and to add Section 1031.3 to, the Government Code, and to add Section 13561 to the Penal Code, relating to public employment.
[Approved by Governor September 30, 2020. Filed with Secretary of State September 30, 2020.]
legislative counsel’s digest AB 846, Burke. Public employment: public of®cers or employees declared by law to be peace of®cers. Existing law de®nes persons employed in speci®ed capacities to be peace of®cers in the state of California and authorizes certain entities to appoint and employ peace of®cers. Existing law establishes the Commission on Peace Of®cer Standards and Training within the Department of Justice to perform various functions involving the training of peace of®cers. Existing law requires peace of®cers in this state to meet speci®ed minimum standards, including, among other requirements, that peace of®cers be evaluated by a physician and surgeon or psychologist and found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace of®cer. This bill would require that evaluation to include bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation. The bill would require the Commission on Peace Of®cer Standards and Training to study, review, and update regulations and screening materials to identify explicit and implicit bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation related to emotional and mental condition evaluations. This bill would also require every department or agency that employs peace of®cers to review the job descriptions used in the recruitment and hiring of those peace of®cers and to make changes that deemphasize the paramilitary aspects of the job and place more emphasis on community interaction and collaborative problem solving, as speci®ed. By requiring local entities to review and rewrite these job descriptions, this 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, 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.
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169 Ch. 322 Ð 2 Ð
The people of the State of California do enact as follows:
SECTION 1. Section 1031 of the Government Code is amended to read: 1031. Each class of public of®cers or employees declared by law to be peace of®cers shall meet all of the following minimum standards: (a) Be a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code. (b) Be at least 18 years of age. (c) Be ®ngerprinted for purposes of search of local, state, and national ®ngerprint ®les to disclose a criminal record. (d) Be of good moral character, as determined by a thorough background investigation. (e) Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Pro®ciency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA). (f) Be found to be free from any physical, emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, that might adversely affect the exercise of the powers of a peace of®cer. (1) Physical condition shall be evaluated by a licensed physician and surgeon. (2) Emotional and mental condition shall be evaluated by either of the following: (A) A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of ®ve full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.
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(B) A psychologist licensed by the California Board of Psychology who has at least the equivalent of ®ve full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate. The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the Commission on Peace Of®cer Standards and Training designed for the conduct of preemployment psychological screening of peace of®cers. (g) This section shall not be construed to preclude the adoption of additional or higher standards, including age. SEC. 2. Section 1031.3 is added to the Government Code, to read: 1031.3. (a) The Commission on Peace Of®cer Standards and Training, by January 1, 2022, shall study, review, and update their regulations and associated screening materials related to the emotional and mental condition evaluation required by Section 1031 to incorporate both of the following: (1) Identi®cation of explicit bias towards race or ethnicity, gender, nationality, religion, disability, or sexual orientation. (2) Identi®cation of implicit bias towards race or ethnicity, gender, nationality, religion, disability, or sexual orientation. (b) For the purpose of this section, race or ethnicity, gender, nationality, religion, disability, and sexual orientation have the same meaning as incorporated by Section 422.55 of the Penal Code. SEC. 3. Section 13651 is added to the Penal Code, to read: 13651. (a) Every police department, sheriff's of®ce, or other entity that employs peace of®cers shall review the job description that is used in the recruitment and hiring of those peace of®cers and shall make changes that emphasize community-based policing, familiarization between law enforcement and community residents, and collaborative problem solving, while de-emphasizing the paramilitary aspects of the job. (b) This section is not intended to alter the required duties of any peace of®cer. (c) The Legislature ®nds and declares that changes to these job descriptions are necessary to allow peace of®cers to feel like the public can trust law enforcement and to implement problem-solving policing and intelligence-led policing strategies in contrast with reactive policing strategies. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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171 172 Assembly Bill No. 1561
CHAPTER 195
An act to amend Section 65583 of, and to add Section 65914.5 to, the Government Code, relating to land use.
[Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020.]
legislative counsel’s digest AB 1561, Cristina Garcia. Planning and zoning: housing element and entitlement extensions. The Planning and Zoning Law requires a city or county to adopt a general plan for land use and development within its boundaries that includes, among other things, a housing element. The housing element is required to include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels and for persons with disabilities, as provided. This bill would additionally authorize an analysis, at the department's discretion, of those constraints upon housing for persons with a characteristic identi®ed by a speci®ed provision of the Unruh Civil Rights Act. By increasing the duties of local of®cials, this bill would impose a state-mandated local program. Existing law requires a lead agency to consult with a California Native American tribe prior to releasing a negative declaration, mitigated negative declaration, or environmental impact report for a project where the California Native American tribe is traditionally and culturally af®liated with the geographic area and the tribe responds in writing within 30 days. This bill would extend the California Native American tribe's time for response by an additional 30 days for any housing development project application completed between March 4, 2020, and December 31, 2021. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within speci®ed time periods. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as de®ned, that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021, except as speci®ed. The bill would also provide that if the state or a local agency extends, on or after March 4, 2020, but before the effective date of the bill, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided by this bill, that housing entitlement shall not be extended an additional 18 months pursuant to this bill. This bill clari®es that nothing in these provisions is
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173 Ch. 195 Ð 2 Ð intended to preclude a local government from exercising its existing authority to provide an extension to an entitlement. By adding to the duties of local of®cials with respect to housing entitlements, this bill would impose a state-mandated local program. The bill would include ®ndings 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. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by SB 1138 to be operative only if this bill and SB 1138 are enacted and this bill is enacted last. 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 speci®ed reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature ®nds and declares as follows: (a) According to the Department of Housing and Community Development in its report entitled, ªCalifornia's Housing Future: Challenges and Opportunities: Final Statewide Housing Assessment 2025º (February 2018), homeownership rates for Black or African Americans are 35 percent, for Latino or Hispanic, 43 percent, and for American Indian or Alaskan Native, 45 percent. (b) This report also found that among renters paying more than 30 percent of their income toward rent, 59 percent are Black or African American, 57 percent are Hispanic, and 51 percent are Paci®c Islander, American Indian, or Alaskan Native. SEC. 2. Section 65583 of the Government Code is amended to read: 65583. The housing element shall consist of an identi®cation and analysis of existing and projected housing needs and a statement of goals, policies, quanti®ed objectives, ®nancial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following: (1) An analysis of population and employment trends and documentation of projections and a quanti®cation of the locality's existing and projected housing needs for all income levels, including extremely low income households, as de®ned in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs
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174 Ð 3 Ð Ch. 195 shall include the locality's share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction's allocation of very low income households pursuant to Section 65584. (2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) (A) The identi®cation of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identi®ed zone or zones shall include suf®cient capacity to accommodate the need for emergency shelter identi®ed in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with suf®cient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following: (i) The maximum number of beds or persons permitted to be served nightly by the facility. (ii) Suf®cient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas. (iv) The provision of onsite management.
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175 Ch. 195 Ð 4 Ð
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi) The length of stay. (vii) Lighting. (viii) Security during hours that the emergency shelter is in operation. (B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction's need for emergency shelter identi®ed in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit. (D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph. (5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identi®ed in paragraph (1) of subdivision (c), and for persons with disabilities as identi®ed in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identi®ed pursuant to paragraph (7). (6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of ®nancing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing.
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(7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as de®ned in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identi®ed in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identi®ed to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services. (8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy ef®ciency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy ef®ciency measures that encompass the building envelope, its heating and cooling systems, and its electrical system. (9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. ªAssisted housing developments,º for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. ªAssisted housing developmentsº shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. (A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing
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177 Ch. 195 Ð 6 Ð may be done aggregately for each ®ve-year period and does not have to contain a project-by-project cost estimate. (C) The analysis shall identify public and private nonpro®t corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal, state, and local ®nancing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identi®ed in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these ®nancing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments. (b) (1) A statement of the community's goals, quanti®ed objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs identi®ed pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quanti®ed objectives need not be identical to the total housing needs. The quanti®ed objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a ®ve-year time period. (c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be bene®cial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state ®nancing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following: (1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could
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178 Ð 7 Ð Ch. 195 not be accommodated on sites identi®ed in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identi®ed as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element. (B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identi®cation of sites shall include all components speci®ed in Section 65583.2. (C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for suf®cient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households. (2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those
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179 Ch. 195 Ð 8 Ð restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as de®ned in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. (5) Promote and af®rmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (6) Preserve for lower income households the assisted housing developments identi®ed pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local ®nancing and subsidy programs identi®ed in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as de®ned in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, ªaccessory dwelling unitsº has the same meaning as ªaccessory dwelling unitº as de®ned in paragraph (4) of subdivision (i) of Section 65852.2. (8) Include an identi®cation of the agencies and of®cials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. (9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (10) (A) Af®rmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components: (i) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction's fair housing enforcement and fair housing outreach capacity. (ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.
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(iii) An assessment of the contributing factors for the fair housing issues identi®ed under clause (ii). (iv) An identi®cation of the jurisdiction's fair housing priorities and goals, giving highest priority to those factors identi®ed in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved. (v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement. (B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element. (C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021. (d) (1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period. (2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element. (3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following: (A) How the joint facility will meet the jurisdiction's emergency shelter need. (B) The jurisdiction's contribution to the facility for both the development and ongoing operation and management of the facility. (C) The amount and source of the funding that the jurisdiction contributes to the facility. (4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
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181 Ch. 195 Ð 10 Ð
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: (1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section. (2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the ®rst draft to the department before the due date speci®ed in Section 65588 or 65584.02. (f) The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities suf®cient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist: (1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency. (2) The local government is unable to complete the rezoning because of infrastructure de®ciencies due to ®scal or regulatory constraints. (3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080. The resolution and the ®ndings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. (g) (1) If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a ªprojectº for purposes of
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Division 13 (commencing with Section 21000) of the Public Resources Code. (2) A local government may disapprove a housing development described in paragraph (1) if it makes written ®ndings supported by substantial evidence on the record that both of the following conditions exist: (A) The housing development project would have a speci®c, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a ªspeci®c, adverse impactº means a signi®cant, quanti®able, direct, and unavoidable impact, based on objective, identi®ed written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identi®ed pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3) The applicant or any interested person may bring an action to enforce this subdivision. If a court ®nds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are ful®lled. In any such action, the city, county, or city and county shall bear the burden of proof. (4) For purposes of this subdivision, ªhousing development projectº means a project to construct residential units for which the project developer provides suf®cient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as de®ned in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable ®nancing. (h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure. (i) Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American Tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021. (j) On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic
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183 Ch. 195 Ð 12 Ð identi®ed in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose. SEC. 2.5. Section 65583 of the Government Code is amended to read: 65583. The housing element shall consist of an identi®cation and analysis of existing and projected housing needs and a statement of goals, policies, quanti®ed objectives, ®nancial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following: (1) An analysis of population and employment trends and documentation of projections and a quanti®cation of the locality's existing and projected housing needs for all income levels, including extremely low income households, as de®ned in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction's allocation of very low income households pursuant to Section 65584. (2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) (A) The identi®cation of one or more zones or zoning designations that allow residential use, including mixed-use areas, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. If a zoning district or designation is not possible or feasible where residential use is a permitted use, a local government may, instead, designate zones for emergency shelters in a nonresidential zone if the local government demonstrates that the zone is connected to amenities services that serve people experiencing homelessness. ªConnected to
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184 Ð 13 Ð Ch. 195 amenities and servicesº includes, but is not limited to, offering free transportation to services or offering services on site. Shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. The identi®ed zone or zones shall include suf®cient capacity to accommodate the need for emergency shelter identi®ed in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with suf®cient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters. (B) Emergency shelters shall only be subject to the following written, objective standards: (i) The maximum number of beds or persons permitted to be served nightly by the facility. (ii) Suf®cient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas. (iv) The provision of onsite management. (v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi) The length of stay. (vii) Lighting. (viii) Security during hours that the emergency shelter is in operation. (C) If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5). (D) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (E) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction's need for emergency shelter identi®ed in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
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185 Ch. 195 Ð 14 Ð
(F) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph. (G) A zone or zones where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards: (i) Vacant sites zoned for residential use. (ii) Vacant sites zoned for nonresidential use that allow residential development. Vacant sites in a nonresidential zoning designation may be included if the local government can demonstrate how the zone is connected to amenities and services that serve people experiencing homelessness. (iii) A nonvacant site, provided that a description is provided regarding the current use of each property at the time it is identi®ed and an analysis is provided indicating how the site is adequate and available for use as a shelter in the current planning period, while meeting all of the state and local health, safety, habitability, and building requirements necessary for any other residential development. If a nonvacant site is identi®ed, the analysis required by this clause shall indicate the current existing use of the site and what factors indicate that the existing use will be terminated during the planning period. (H) The number of people experiencing homelessness that can be accommodated on each identi®ed site shall be demonstrated by calculating a minimum of 200 square feet per person. This standard is intended only for calculating site capacity pursuant to this section. (5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identi®ed in paragraph (1) of subdivision (c), and for persons with disabilities as identi®ed in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identi®ed pursuant to paragraph (7). (6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of ®nancing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing
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186 Ð 15 Ð Ch. 195 development that hinder the construction of a locality's share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing. (7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as de®ned in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identi®ed in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identi®ed to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services. (8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy ef®ciency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy ef®ciency measures that encompass the building envelope, its heating and cooling systems, and its electrical system. (9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. ªAssisted housing developments,º for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. ªAssisted housing developmentsº shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. (A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
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187 Ch. 195 Ð 16 Ð
(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each ®ve-year period and does not have to contain a project-by-project cost estimate. (C) The analysis shall identify public and private nonpro®t corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal, state, and local ®nancing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identi®ed in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these ®nancing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments. (b) (1) A statement of the community's goals, quanti®ed objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs identi®ed pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quanti®ed objectives need not be identical to the total housing needs. The quanti®ed objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a ®ve-year time period. (c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be bene®cial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state ®nancing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
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188 Ð 17 Ð Ch. 195
(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identi®ed in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identi®ed as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element. (B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identi®cation of sites shall include all components speci®ed in Section 65583.2. (C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for suf®cient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households. (2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income
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189 Ch. 195 Ð 18 Ð levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as de®ned in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. (5) Promote and af®rmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (6) Preserve for lower income households the assisted housing developments identi®ed pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local ®nancing and subsidy programs identi®ed in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as de®ned in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, ªaccessory dwelling unitsº has the same meaning as ªaccessory dwelling unitº as de®ned in paragraph (4) of subdivision (i) of Section 65852.2. (8) Include an identi®cation of the agencies and of®cials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. (9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (10) (A) Af®rmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components: (i) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction's fair housing enforcement and fair housing outreach capacity.
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(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk. (iii) An assessment of the contributing factors for the fair housing issues identi®ed under clause (ii). (iv) An identi®cation of the jurisdiction's fair housing priorities and goals, giving highest priority to those factors identi®ed in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved. (v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement. (B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element. (C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021. (d) (1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period. (2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element. (3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following: (A) How the joint facility will meet the jurisdiction's emergency shelter need. (B) The jurisdiction's contribution to the facility for both the development and ongoing operation and management of the facility.
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191 Ch. 195 Ð 20 Ð
(C) The amount and source of the funding that the jurisdiction contributes to the facility. (4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. (e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: (1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section. (2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the ®rst draft to the department before the due date speci®ed in Section 65588 or 65584.02. (f) The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities suf®cient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist: (1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency. (2) The local government is unable to complete the rezoning because of infrastructure de®ciencies due to ®scal or regulatory constraints. (3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080. The resolution and the ®ndings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. (g) (1) If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards
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192 Ð 21 Ð Ch. 195 and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a ªprojectº for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (2) A local government may disapprove a housing development described in paragraph (1) if it makes written ®ndings supported by substantial evidence on the record that both of the following conditions exist: (A) The housing development project would have a speci®c, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a ªspeci®c, adverse impactº means a signi®cant, quanti®able, direct, and unavoidable impact, based on objective, identi®ed written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identi®ed pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3) The applicant or any interested person may bring an action to enforce this subdivision. If a court ®nds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are ful®lled. In any such action, the city, county, or city and county shall bear the burden of proof. (4) For purposes of this subdivision, ªhousing development projectº means a project to construct residential units for which the project developer provides suf®cient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as de®ned in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable ®nancing. (h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure. (i) Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American Tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
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193 Ch. 195 Ð 22 Ð
(j) On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identi®ed in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose. SEC. 3. Section 65914.5 is added to the Government Code, to read: 65914.5. (a) The Legislature ®nds and declares each of the following: (1) On January 30, 2020, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern, and, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency. (2) On March 4, 2020, California Governor Gavin Newsom proclaimed a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19. (3) According to the United States Bureau of Labor Statistics, the United States economy, as measured by gross domestic product, contracted by 4.8 percent in the ®rst quarter of 2020. (4) In July of 2020, California's unemployment rate tripled, the largest increase since 1976. (5) It is estimated that California lost 2,000,000 jobs by March 27, 2020. (6) In July of 2020, 3,100,000 Californians ®led for unemployment bene®ts, and California became the ®rst state in the nation to borrow money from the federal government to continue paying out rising claims for unemployment bene®ts. (7) The Governor has labeled California's economic crisis a ªpandemic-induced recession.º (8) Even before the pandemic-induced recession, California was in the midst of a housing affordability crisis caused fundamentally by a consistent failure to supply enough new housing for Californians of all income levels. (9) According to the League of California Cities, over 90 percent of cities in this state report they are considering cutting or furloughing city staff or decreasing public services, and 72 percent of cities report they may take both actions. In addition, over 70 percent of cities, and 90 percent of the largest cities, report that they expect a signi®cant impact to ªcoreº planning and housing services. (10) The pandemic-induced recession, combined with mandatory social distancing, stringent construction protocols, and anticipated reductions in the capacity of local governments to deliver services to the housing industry, will drastically impact all segments of a complex ecosystem that delivers the essential housing California so desperately needs to combat the ongoing housing crisis. (11) To facilitate and expedite the return of this vital industry, it is necessary to relieve any additional pressure on housing development as a result of the lapse in planning, ®nance, and construction due to the
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194 Ð 23 Ð Ch. 195 pandemic-induced recession. An essential component of ensuring the survival of the housing industry is proactively extending the life of the myriad state and local approvals, permits, and other entitlements required to develop and construct housing in California. (12) A uniform statewide entitlement extension measure is necessary to avoid the signi®cant statewide cost and allocation of local government staff resources associated with addressing individual permit extensions on a case-by-case basis. (b) Except as provided in subdivision (c), notwithstanding any law, including any inconsistent provision of a local agency's general plan, ordinances, or regulations, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement that is within the scope of the timeframes speci®ed in paragraphs (1) and (2) is extended by 18 months. For the purposes of this section, housing entitlements that are extended are entitlements where both of the following apply: (1) It was issued prior to and was in effect on March 4, 2020; and (2) It will expire prior to December 31, 2021. The otherwise applicable time for the utilization of a housing entitlement provided by this section includes any requirement to request the issuance of a building permit within a speci®ed period of time. (c) If the state or a local agency extends, on or after March 4, 2020, but before the effective date of the act adding this section, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided in subdivision (b), that housing entitlement shall not be extended for an additional 18 months by operation of subdivision (b). (d) For purposes of this section, the following terms have the following meanings: (1) ªHousing entitlementº means: (A) A legislative, adjudicative, administrative, or any other kind of approval, permit, or other entitlement necessary for, or pertaining to, a housing development project issued by a state agency. (B) An approval, permit, or other entitlement issued by a local agency for a housing development project that is subject to Chapter 4.5 (commencing with Section 65920). (C) A ministerial approval, permit, or entitlement by a local agency required as a prerequisite to issuance of a building permit for a housing development project. (D) A requirement to submit an application for a building permit within a speci®ed period of time after the effective date of a housing entitlement described in subparagraph (B) or (C). (E) A vested right associated with an approval, permit, or other entitlement described in subparagraphs (A) to (D), inclusive. (2) For the purposes of this section, a housing entitlement does not include any of the following: (A) A development agreement issued pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.
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195 Ch. 195 Ð 24 Ð
(B) An approved or conditionally approved tentative map that is extended for a minimum of 18 months pursuant to Section 66452.6 on or after March 4, 2020. (C) A preliminary application as de®ned in Section 65941.1. (D) An application for development approved pursuant to Section 65913.4 and any subsequent permit as described in paragraph (2) of subdivision (f) of Section 65913.4. (3) ªHousing development projectº means any of the following: (A) A tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, has been approved. (B) A residential development. (C) A mixed-use development in which at least two-thirds of the square footage of the development is designated for residential use. Both of the following apply for the purposes of calculating the square footage usage of a development for purposes of this subparagraph: (i) The square footage of a development shall include any additional density, ¯oor area, and units, and any other concession, incentive, or waiver of development standards pursuant to Section 65915. (ii) The square footage of a development shall not include any underground space, including, but not limited to, a basement or underground parking garage. (4) ªLocal agencyº means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (e) The extension granted pursuant to subdivision (b) shall be tolled during any time that the housing entitlement is the subject of a legal challenge. (f) Nothing in this section is intended to preclude a local government from exercising its existing authority to provide an extension to an entitlement identi®ed in this section. (g) The Legislature ®nds and declares that for reasons described in subdivision (a), this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. SEC. 4. Section 2.5 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Senate Bill 1138. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2021, (2) each bill amends Section 65583 of the Government Code, and (3) this bill is enacted after Senate Bill 1138, in which case Section 2 of this bill shall not become operative. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments
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196 Ð 25 Ð Ch. 195 suf®cient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
O
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197 198 Assembly Bill No. 2257
CHAPTER 38
An act to add Article 1.5 (commencing with Section 2775) to Chapter 2 of Division 3 of, and to repeal Section 2750.3 of, the Labor Code, and to amend Sections 17020.12 and 23045.6 of, and to add Sections 18406, 21003.5, and 61001 to, the Revenue and Taxation Code, relating to employment, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 4, 2020. Filed with Secretary of State September 4, 2020.]
legislative counsel’s digest AB 2257, Gonzalez. Worker classi®cation: employees and independent contractors: occupations: professional services. Existing law requires a 3-part test, commonly known as the ªABCº test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classi®cation. Existing law exempts speci®ed occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Existing exemptions include persons providing professional services under speci®ed circumstances, including certain services provided by still photographers, photojournalists, freelance writers, editors, and newspaper cartoonists. This bill would revise and recast these provisions. The bill would additionally exempt certain occupations in connection with creating, marketing, promoting, or distributing sound recordings or musical compositions. The bill would also exempt a musician or musical group for the purpose of a single-engagement live performance event, unless certain conditions apply, and would de®ne related terms. The bill would also exempt an individual performance artist presenting material that is their original work and creative in character and the result of which depends primarily
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199 Ch. 38 Ð 2 Ð on the individual's invention, imagination, or talent, if certain conditions are satis®ed. This bill would delete the existing professional services exemptions for services provided by still photographers, photojournalists, freelance writers, editors, and newspaper cartoonists. The bill would, instead, establish an exemption for services provided by a still photographer, photojournalist, videographer, or photo editor, as de®ned, who works under a written contract that speci®es certain terms, subject to prescribed restrictions. The bill would establish an exemption for services provided to a digital content aggregator, as de®ned, by a still photographer, photojournalist, videographer, or photo editor. The bill would establish an exemption for services provided by a ®ne artist, freelance writer, translator, editor, content contributor, advisor, narrator, cartographer, producer, copy editor, illustrator, or newspaper cartoonist who works under a written contract that speci®es certain terms, subject to prescribed restrictions. This bill would create additional exemptions for various professions and occupations. In this regard, the bill would exempt from the ABC test people who provide underwriting inspections and other services for the insurance industry, a manufactured housing salesperson, subject to certain obligations, people engaged by an international exchange visitor program, as speci®ed, consulting services, animal services, and competition judges with specialized skills, as speci®ed. The bill would also create exceptions for licensed landscape architects, specialized performers teaching master classes, registered professional foresters, real estate appraisers and home inspectors, and feedback aggregators. The bill would revise the conditions pursuant to which business service providers providing services pursuant to contract to another business are exempt. The bill would revise the criteria pursuant to which referral agencies and service providers providing services to clients through referral agencies are exempt and would revise applicable de®nitions. The bill would also create an exemption for business-to-business relationships between 2 or more sole proprietors, as speci®ed. The bill would provide that a hiring entity need only satisfy all of the conditions of one of the exemption provisions to qualify for the exemption from the ABC Test. Existing law authorizes an action for injunctive relief to prevent misclassi®cation of employees, to be prosecuted against a putative employer by the Attorney General or a city attorney. This bill would also authorize a district attorney to prosecute an action for injunctive relief. Existing provisions of tax law de®ne ªemployeeº for purposes of those provisions. This bill would make conforming changes to tax law regarding the determination of the status of a worker as either an employee or an independent contractor per the criteria described above. This bill would declare that it is to take effect immediately as an urgency statute.
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200 Ð 3 Ð Ch. 38
The people of the State of California do enact as follows:
SECTION 1. Section 2750.3 of the Labor Code is repealed. SEC. 2. Article 1.5 (commencing with Section 2775) is added to Chapter 2 of Division 3 of the Labor Code, to read:
Article 1.5. Worker Status: Employees
2775. (a) As used in this article: (1) ªDynamexº means Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903. (2) ªBorelloº means the California Supreme Court's decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. (b) (1) For purposes of this code and the Unemployment Insurance Code, and for the purposes of wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satis®ed: (A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (B) The person performs work that is outside the usual course of the hiring entity's business. (C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. (2) Notwithstanding paragraph (1), any exceptions to the terms ªemployee,º ªemployer,º ªemploy,º or ªindependent contractor,º and any extensions of employer status or liability, that are expressly made by a provision of this code, the Unemployment Insurance Code, or in an applicable order of the Industrial Welfare Commission, including, but not limited to, the de®nition of ªemployeeº in subdivision 2(E) of Wage Order No. 2, shall remain in effect for the purposes set forth therein. (3) If a court of law rules that the three-part test in paragraph (1) cannot be applied to a particular context based on grounds other than an express exception to employment status as provided under paragraph (2), then the determination of employee or independent contractor status in that context shall instead be governed by the California Supreme Court's decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). 2776. Section 2775 and the holding in Dynamex do not apply to a bona ®de business-to-business contracting relationship, as de®ned below, under the following conditions: (a) If an individual acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership, or
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201 Ch. 38 Ð 4 Ð corporation (ªbusiness service providerº) contracts to provide services to another such business or to a public agency or quasi-public corporation (ªcontracting businessº), the determination of employee or independent contractor status of the business services provider shall be governed by Borello, if the contracting business demonstrates that all of the following criteria are satis®ed: (1) The business service provider is free from the control and direction of the contracting business entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (2) The business service provider is providing services directly to the contracting business rather than to customers of the contracting business. This subparagraph does not apply if the business service provider's employees are solely performing the services under the contract under the name of the business service provider and the business service provider regularly contracts with other businesses. (3) The contract with the business service provider is in writing and speci®es the payment amount, including any applicable rate of pay, for services to be performed, as well as the due date of payment for such services. (4) If the work is performed in a jurisdiction that requires the business service provider to have a business license or business tax registration, the business service provider has the required business license or business tax registration. (5) The business service provider maintains a business location, which may include the business service provider's residence, that is separate from the business or work location of the contracting business. (6) The business service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed. (7) The business service provider can contract with other businesses to provide the same or similar services and maintain a clientele without restrictions from the hiring entity. (8) The business service provider advertises and holds itself out to the public as available to provide the same or similar services. (9) Consistent with the nature of the work, the business service provider provides its own tools, vehicles, and equipment to perform the services, not including any proprietary materials that may be necessary to perform the services under the contract. (10) The business service provider can negotiate its own rates. (11) Consistent with the nature of the work, the business service provider can set its own hours and location of work. (12) The business service provider is not performing the type of work for which a license from the Contractors' State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (b) When two bona ®de businesses are contracting with one another under the conditions set forth in subdivision (a), the determination of whether
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202 Ð 5 Ð Ch. 38 an individual worker who is not acting as a sole proprietor or formed as a business entity, is an employee or independent contractor of the business service provider or contracting business is governed by Section 2775. (c) This section does not alter or supersede any existing rights under Section 2810.3. 2777. Section 2775 and the holding in Dynamex do not apply to the relationship between a referral agency and a service provider, as de®ned below, under the following conditions: (a) If an individual acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership, or corporation (ªservice providerº) provides services to clients through a referral agency, the determination of whether the service provider is an employee or independent contractor of the referral agency shall be governed by Borello, if the referral agency demonstrates that all of the following criteria are satis®ed: (1) The service provider is free from the control and direction of the referral agency in connection with the performance of the work for the client, both as a matter of contract and in fact. (2) If the work for the client is performed in a jurisdiction that requires the service provider to have a business license or business tax registration in order to provide the services under the contract, the service provider shall certify to the referral agency that they have the required business license or business tax registration. The referral agency shall keep the certi®cations for a period of at least three years. As used in this paragraph: (A) ªBusiness licenseº includes a license, tax certi®cate, fee, or equivalent payment that is required or collected by a local jurisdiction annually, or on some other ®xed cycle, as a condition of providing services in the local jurisdiction. (B) ªLocal jurisdictionº means a city, county, or city and county, including charter cities. (3) If the work for the client requires the service provider to hold a state contractor's license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, the service provider has the required contractor's license. (4) If there is an applicable professional licensure, permit, certi®cation, or registration administered or recognized by the state available for the type of work being performed for the client, the service provider shall certify to the referral agency that they have the appropriate professional licensure, permit, certi®cation, or registration. The referral agency shall keep the certi®cations for a period of at least three years. (5) The service provider delivers services to the client under the service provider's name, without being required to deliver the services under the name of the referral agency. (6) The service provider provides its own tools and supplies to perform the services.
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203 Ch. 38 Ð 6 Ð
(7) The service provider is customarily engaged, or was previously engaged, in an independently established business or trade of the same nature as, or related to, the work performed for the client. (8) The referral agency does not restrict the service provider from maintaining a clientele and the service provider is free to seek work elsewhere, including through a competing referral agency. (9) The service provider sets their own hours and terms of work or negotiates their hours and terms of work directly with the client. (10) Without deduction by the referral agency, the service provider sets their own rates, negotiates their rates with the client through the referral agency, negotiates rates directly with the client, or is free to accept or reject rates set by the client. (11) The service provider is free to accept or reject clients and contracts, without being penalized in any form by the referral agency. This paragraph does not apply if the service provider accepts a client or contract and then fails to ful®ll any of its contractual obligations. (b) For purposes of this section, the following de®nitions apply: (1) ªClientº means: (A) A person who utilizes a referral agency to contract for services from a service provider, or (B) A business that utilizes a referral agency to contract for services from a service provider that are otherwise not provided on a regular basis by employees at the client's business location, or to contract for services that are outside of the client's usual course of business. Notwithstanding subdivision (a), it is the responsibility of a business that utilizes a referral agency to contract for services, to meet the conditions outlined in this subparagraph. (2) (A) ªReferral agencyº is a business that provides clients with referrals for service providers to provide services under a contract, with the exception of services in subparagraph (C). (B) Under this paragraph, referrals for services shall include, but are not limited to, graphic design, web design, photography, tutoring, consulting, youth sports coaching, caddying, wedding or event planning, services provided by wedding and event vendors, minor home repair, moving, errands, furniture assembly, animal services, dog walking, dog grooming, picture hanging, pool cleaning, yard cleanup, and interpreting services. (C) Under this paragraph, referrals for services do not include services provided in an industry designated by the Division of Occupational Safety and Health or the Department of Industrial Relations as a high hazard industry pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 6401.7 of the Labor Code or referrals for businesses that provide janitorial, delivery, courier, transportation, trucking, agricultural labor, retail, logging, in-home care, or construction services other than minor home repair. (3) (A) ªReferral agency contractº is the agency's contract with clients and service providers governing the use of its intermediary services described in paragraph (2). The intermediary services provided to the service provider
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204 Ð 7 Ð Ch. 38 by the referral agency are limited to client referrals and other administrative services ancillary to the service provider's business operation. (B) A referral agency's contract may include a fee or fees to be paid by the client for utilizing the referral agency. This fee shall not be deducted from the rate set or negotiated by the service provider as set forth in paragraph (10) of subdivision (a). (4) ªService providerº means an individual acting as a sole proprietor or business entity that agrees to the referral agency's contract and uses the referral agency to connect with clients. (5) ªTutorº means a person who develops and teaches their own curriculum, teaches curriculum that is proprietarily and privately developed, or provides private instruction or supplemental academic enrichment services by using their own teaching methodology or techniques. A ªtutorº does not include an individual who contracts with a local education agency or private school through a referral agency for purposes of teaching students of a public or private school in a classroom setting. (6) (A) ªYouth sports coachingº means services provided by a youth sports coach who develops and implements their own curriculum, which may be subject to requirements of a youth sports league, for an athletic program in which youth who are 18 years of age or younger predominantly participate and that is organized for the purposes of training for and engaging in athletic activity and competition. ªYouth sports coachingº does not mean services provided by an individual who contracts with a local education agency or private school through a referral agency for purposes of teaching students of a public or private school. (7) ªInterpreting servicesº means: (A) Services provided by a certi®ed or registered interpreter in a language with an available certi®cation or registration through the Judicial Council of California, State Personnel Board, or any other agency or department in the State of California, or through a testing organization, agency, or educational institution approved or recognized by the state, or through the Registry of Interpreters for the Deaf, Certi®cation Commission for Healthcare Interpreters, National Board of Certi®cation for Medical Interpreters, International Association of Conference Interpreters, United States Department of State, or the Administrative Of®ce of the United States Courts. (B) Services provided by an interpreter in a language without an available certi®cation through the entities listed in subparagraph (A). (8) ªConsultingº means providing substantive insight, information, advice, opinions, or analysis that requires the exercise of discretion and independent judgment and is based on an individual's knowledge or expertise of a particular subject matter or ®eld of study. (9) ªAnimal servicesº means services related to daytime and nighttime pet care including pet boarding under Section 122380 of the Health and Safety Code.
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205 Ch. 38 Ð 8 Ð
(c) The determination of whether an individual worker is an employee of a service provider or whether an individual worker is an employee of a client is governed by Section 2775. 2778. (a) Section 2775 and the holding in Dynamex do not apply to a contract for ªprofessional servicesº as de®ned below, and instead the determination of whether the individual is an employee or independent contractor shall be governed by Borello if the hiring entity demonstrates that all of the following factors are satis®ed: (1) The individual maintains a business location, which may include the individual's residence, that is separate from the hiring entity. Nothing in this paragraph prohibits an individual from choosing to perform services at the location of the hiring entity. (2) If work is performed more than six months after the effective date of this section and the work is performed in a jurisdiction that requires the individual to have a business license or business tax registration, the individual has the required business license or business tax registration in order to provide the services under the contract, in addition to any required professional licenses or permits for the individual to practice in their profession. (3) The individual has the ability to set or negotiate their own rates for the services performed. (4) Outside of project completion dates and reasonable business hours, the individual has the ability to set the individual's own hours. (5) The individual is customarily engaged in the same type of work performed under contract with another hiring entity or holds themselves out to other potential customers as available to perform the same type of work. (6) The individual customarily and regularly exercises discretion and independent judgment in the performance of the services. (b) For purposes of this section: (1) An ªindividualº includes an individual providing services as a sole proprietor or other business entity. (2) ªProfessional servicesº means services that meet any of the following: (A) Marketing, provided that the contracted work is original and creative in character and the result of which depends primarily on the invention, imagination, or talent of the individual or work that is an essential part of or necessarily incident to any of the contracted work. (B) Administrator of human resources, provided that the contracted work is predominantly intellectual and varied in character and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. (C) Travel agent services provided by either of the following: (i) A person regulated by the Attorney General under Article 2.6 (commencing with Section 17550) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. (ii) An individual who is a seller of travel within the meaning of subdivision (a) of Section 17550.1 of the Business and Professions Code
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206 Ð 9 Ð Ch. 38 and who is exempt from the registration under subdivision (g) of Section 17550.20 of the Business and Professions Code. (D) Graphic design. (E) Grant writer. (F) (i) Fine artist. (ii) For the purposes of this subparagraph, ª®ne artistº means an individual who creates works of art to be appreciated primarily or solely for their imaginative, aesthetic, or intellectual content, including drawings, paintings, sculptures, mosaics, works of calligraphy, works of graphic art, crafts, or mixed media. (G) Services provided by an enrolled agent who is licensed by the United States Department of the Treasury to practice before the Internal Revenue Service pursuant to Part 10 of Subtitle A of Title 31 of the Code of Federal Regulations. (H) Payment processing agent through an independent sales organization. (I) Services provided by any of the following: (i) By a still photographer, photojournalist, videographer, or photo editor who works under a written contract that speci®es the rate of pay and obligation to pay by a de®ned time, as long as the individual providing the services is not directly replacing an employee who performed the same work at the same volume for the hiring entity; the individual does not primarily perform the work at the hiring entity's business location, notwithstanding paragraph (1) of subdivision (a); and the individual is not restricted from working for more than one hiring entity. This subclause is not applicable to a still photographer, photojournalist, videographer, or photo editor who works on motion pictures, which is inclusive of, but is not limited to, theatrical or commercial productions, broadcast news, television, and music videos. Nothing in this section restricts a still photographer, photojournalist, photo editor, or videographer from distributing, licensing, or selling their work product to another business, except as prohibited under copyright laws or workplace collective bargaining agreements. (ii) To a digital content aggregator by a still photographer, photojournalist, videographer, or photo editor. (iii) For the purposes of this subparagraph the following de®nitions apply: (I) ªPhoto editorº means an individual who performs services ancillary to the creation of digital content, such as retouching, editing, and keywording. (II) ªDigital content aggregatorº means a licensing intermediary that obtains a license or assignment of copyright from a still photographer, photojournalist, videographer, or photo editor for the purposes of distributing that copyright by way of sublicense or assignment, to the intermediary's third party end users. (J) Services provided by a freelance writer, translator, editor, copy editor, illustrator, or newspaper cartoonist who works under a written contract that speci®es the rate of pay, intellectual property rights, and obligation to pay by a de®ned time, as long as the individual providing the services is not directly replacing an employee who performed the same work at the same
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207 Ch. 38 Ð 10 Ð volume for the hiring entity; the individual does not primarily perform the work at the hiring entity's business location, notwithstanding paragraph (1) of subdivision (a); and the individual is not restricted from working for more than one hiring entity. (K) Services provided by an individual as a content contributor, advisor, producer, narrator, or cartographer for a journal, book, periodical, evaluation, other publication or educational, academic, or instructional work in any format or media, who works under a written contract that speci®es the rate of pay, intellectual property rights and obligation to pay by a de®ned time, as long as the individual providing the services is not directly replacing an employee who performed the same work at the same volume for the hiring entity, the individual does not primarily perform the work at the hiring entity's business location notwithstanding paragraph (1) of subdivision (a); and the individual is not restricted from working for more than one hiring entity. (L) Services provided by a licensed esthetician, licensed electrologist, licensed manicurist, licensed barber, or licensed cosmetologist provided that the individual: (i) Sets their own rates, processes their own payments, and is paid directly by clients. (ii) Sets their own hours of work and has sole discretion to decide the number of clients and which clients for whom they will provide services. (iii) Has their own book of business and schedules their own appointments. (iv) Maintains their own business license for the services offered to clients. (v) If the individual is performing services at the location of the hiring entity, then the individual issues a Form 1099 to the salon or business owner from which they rent their business space. (vi) This subparagraph shall become inoperative, with respect to licensed manicurists, on January 1, 2022. (M) A specialized performer hired by a performing arts company or organization to teach a master class for no more than one week. ªMaster classº means a specialized course for limited duration that is not regularly offered by the hiring entity and is taught by an expert in a recognized ®eld of artistic endeavor who does not work for the hiring entity to teach on a regular basis. (N) Services provided by an appraiser, as de®ned in Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. (O) Registered professional foresters licensed pursuant to Article 3 (commencing with Section 750) of Chapter 2.5 of Division 1 of the Public Resources Code. (b) Section 2775 and the holding in Dynamex do not apply to the following, which are subject to the Business and Professions Code: (1) A real estate licensee licensed by the State of California pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, for whom the determination of employee or independent
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208 Ð 11 Ð Ch. 38 contractor status shall be governed by subdivision (b) of Section 10032 of the Business and Professions Code. If that section is not applicable, then this determination shall be governed as follows: (A) For purposes of unemployment insurance by Section 650 of the Unemployment Insurance Code. (B) For purposes of workers' compensation by Section 3200 et seq. (C) For all other purposes in the Labor Code by Borello. The statutorily imposed duties of a responsible broker under Section 10015.1 of the Business and Professions Code are not factors to be considered under the Borello test. (2) A home inspector, as de®ned in Section 7195 of the Business and Professions Code, and subject to the provisions of Chapter 9.3 (commencing with Section 7195) of Division 3 of that code. (3) A repossession agency licensed pursuant to Section 7500.2 of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by Section 7500.2 of the Business and Professions Code, if the repossession agency is free from the control and direction of the hiring person or entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. 2779. (a)Section 2775 and the holding in Dynamex do not apply to the relationship between two individuals wherein each individual is acting as a sole proprietor or separate business entity formed as a partnership, limited liability company, limited liability partnership, or corporation performing work pursuant to a contract for purposes of providing services at the location of a single-engagement event, as de®ned below, under the following conditions: (1) Neither individual is subject to control and direction by the other, in connection with the performance of the work, both under the contract for the performance of the work and in fact. (2) Each individual has the ability to negotiate their rate of pay with the other individual. (3) The written contract between both individuals speci®es the total payment for services provided by both individuals at the single-engagement event, and the speci®c rate paid to each individual. (4) Each individual maintains their own business location, which may include the individual's personal residence. (5) Each individual provides their own tools, vehicles, and equipment to perform the services under the contract. (6) If the work is performed in a jurisdiction that requires an individual to have a business license or business tax registration, then each individual has the required business license or business tax registration. (7) Each individual is customarily engaged in the same or similar type of work performed under the contract or each individual separately holds themselves out to other potential customers as available to perform the same type of work.
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209 Ch. 38 Ð 12 Ð
(8) Each individual can contract with other businesses to provide the same or similar services and maintain their own clientele without restrictions. (b) ªSingle-engagement eventº means a stand-alone non-recurring event in a single location, or a series of events in the same location no more than once a week. (c) ªServicesº under this section do not include services provided in an industry designated by the Division of Occupational Safety and Health or the Department of Industrial Relations as a high hazard industry pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 6401.7 or janitorial, delivery, courier, transportation, trucking, agricultural labor, retail, logging, in-home care, or construction services other than minor home repair. 2780. (a) (1) Section 2775 and the holding in Dynamex do not apply to the following occupations in connection with creating, marketing, promoting, or distributing sound recordings or musical compositions, and instead the holding in Borello shall apply to all of the following: (A) Recording artists, subject to the below. (B) Songwriters, lyricists, composers, and proofers. (C) Managers of recording artists. (D) Record producers and directors. (E) Musical engineers and mixers engaged in the creation of sound recordings. (F) Musicians engaged in the creation of sound recordings, subject to the below. (G) Vocalists, subject to the below. (H) Photographers working on recording photo shoots, album covers, and other press and publicity purposes. (I) Independent radio promoters. (J) Any other individual engaged to render any creative, production, marketing, or independent music publicist services related primarily to the creation, marketing, promotion, or distribution of sound recordings or musical compositions. (2) This subdivision shall not apply to any of the following: (A) Film and television unit production crews, as such term is commonly used in the ®lm and television industries, working on live or recorded performances for audiovisual works, including still photographers and cinematographers. (B) Publicists who are not independent music publicists. (3) Notwithstanding Section 2775, paragraphs (1) and (2), and the holding in Dynamex, the terms and conditions of any current or future collective bargaining agreements or contractual agreements between the applicable labor unions and respective employers shall govern the determination of employment status in all events. (4) The following shall apply to recording artists, musicians, and vocalists: (A) Recording artists, musicians, and vocalists shall not be precluded from organizing under applicable provisions of labor law, or otherwise
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210 Ð 13 Ð Ch. 38 exercising rights granted to employees under the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.). (B) (i) Musicians and vocalists who are not royalty-based participants in the work created during any speci®c engagement shall be treated as employees solely for purposes of receiving minimum and overtime wages for hours worked during the engagement, as well as any damages and penalties due to the failure to receive minimum or overtime wages. Any such wages, damages, and penalties owed under this subparagraph shall be determined according to the applicable provisions of this code, wage orders of the Industrial Welfare Commission, or applicable local laws. (ii) ªRoyalty-based participantº means an individual who has either negotiated for the collection or direct administration of royalties derived from the exploitation of a sound recording or musical composition, or is entitled to control, administer or collect royalties related to the exploitation of a sound recording or musical composition as a co-author or joint owner thereof. (C) In all events, and notwithstanding subparagraph (B), the terms and conditions of any current or future collective bargaining agreements or contractual agreements between the applicable labor unions and respective employers shall govern the determination of employment status. (b) (1) Section 2775 and the holding in Dynamex do not apply to a musician or musical group for the purpose of a single-engagement live performance event, and instead the determination of employee or independent contractor status shall be governed by Borello, unless one of the following conditions is met: (A) The musical group is performing as a symphony orchestra, the musical group is performing at a theme park or amusement park, or a musician is performing in a musical theater production. (B) The musical group is an event headliner for a performance taking place in a venue location with more than 1,500 attendees. (C) The musical group is performing at a festival that sells more than 18,000 tickets per day. (2) This subdivision is inclusive of rehearsals related to the single-engagement live performance event. (3) As used in this subdivision: (A) ªEvent headlinerº means the musical group that appears most prominently in an event program, advertisement, or on a marquee. (B) ªFestivalº means a single day or multiday event in a single venue location that occurs once a year, featuring performances by various musical groups. (C) ªMusical groupº means a solo artist, band, or a group of musicians who perform under a distinct name. (D) ªMusical theater productionº means a form of theatrical performance that combines songs, spoken dialogue, acting, and dance. (E) ªMusicianº means an individual performing instrumental, electronic, or vocal music in a live setting.
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(F) ªSingle-engagement live performance eventº means a stand-alone musical performance in a single venue location, or a series of performances in the same venue location no more than once a week. This does not include performances that are part of a tour or series of live performances at various locations. (G) ªVenue locationº means an indoor or outdoor location used primarily as a space to hold a concert or musical performance. ªVenue locationº includes, but is not limited to, a restaurant, bar, or brewery that regularly offers live musical entertainment. (c) Section 2775 and the holding in Dynamex do not apply to the following, and instead, the determination of employee or independent contractor status shall be governed by Borello: (1) An individual performance artist performing material that is their original work and creative in character and the result of which depends primarily on the individual's invention, imagination, or talent, given all of the following conditions are satis®ed: (A) The individual is free from the control and direction of the hiring entity in connection with the performance of the work, both as a matter of contract and in fact. This includes, and is not limited to, the right for the performer to exercise artistic control over all elements of the performance. (B) The individual retains the rights to their intellectual property that was created in connection with the performance. (C) Consistent with the nature of the work, the individual sets their terms of work and has the ability to set or negotiate their rates. (D) The individual is free to accept or reject each individual performance engagement without being penalized in any form by the hiring entity. (2) ªIndividual performance artistº shall include, but is not limited to, an individual performing comedy, improvisation, stage magic, illusion, mime, spoken word, storytelling, or puppetry. (3) This subdivision does not apply to an individual participating in a theatrical production, or a musician or musical group as de®ned in subdivision (b). (4) In all events, notwithstanding paragraph (1), the terms and conditions of any current or future collective bargaining agreements or contractual agreements between the applicable labor unions and respective employer shall govern the determination of employment status. 2781. Section 2775 and the holding in Dynamex do not apply to the relationship between a contractor and an individual performing work pursuant to a subcontract in the construction industry, and instead the determination of whether the individual is an employee of the contractor shall be governed by Section 2750.5 and by Borello, if the contractor demonstrates that all the following criteria are satis®ed: (a) The subcontract is in writing. (b) The subcontractor is licensed by the Contractors' State License Board and the work is within the scope of that license.
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(c) If the subcontractor is domiciled in a jurisdiction that requires the subcontractor to have a business license or business tax registration, the subcontractor has the required business license or business tax registration. (d) The subcontractor maintains a business location that is separate from the business or work location of the contractor. (e) The subcontractor has the authority to hire and to ®re other persons to provide or to assist in providing the services. (f) The subcontractor assumes ®nancial responsibility for errors or omissions in labor or services as evidenced by insurance, legally authorized indemnity obligations, performance bonds, or warranties relating to the labor or services being provided. (g) The subcontractor is customarily engaged in an independently established business of the same nature as that involved in the work performed. (h) (1) Subdivision (b) shall not apply to a subcontractor providing construction trucking services for which a contractor's license is not required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, provided that all of the following criteria are satis®ed: (A) The subcontractor is a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation. (B) For work performed after January 1, 2020, the subcontractor is registered with the Department of Industrial Relations as a public works contractor pursuant to Section 1725.5, regardless of whether the subcontract involves public work. (C) The subcontractor utilizes its own employees to perform the construction trucking services, unless the subcontractor is a sole proprietor who operates their own truck to perform the entire subcontract and holds a valid motor carrier permit issued by the Department of Motor Vehicles. (D) The subcontractor negotiates and contracts with, and is compensated directly by, the licensed contractor. (2) For work performed after January 1, 2020, any business entity that provides construction trucking services to a licensed contractor utilizing more than one truck shall be deemed the employer for all drivers of those trucks. (3) For purposes of this subdivision, ªconstruction trucking servicesº mean hauling and trucking services provided in the construction industry pursuant to a contract with a licensed contractor utilizing vehicles that require a commercial driver's license to operate or have a gross vehicle weight rating of 26,001 or more pounds. (4) This subdivision shall only apply to work performed before January 1, 2022. (5) Nothing in this subdivision prohibits an individual who owns their truck from working as an employee of a trucking company and utilizing that truck in the scope of that employment. An individual employee providing their own truck for use by an employer trucking company shall
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213 Ch. 38 Ð 16 Ð be reimbursed by the trucking company for the reasonable expense incurred for the use of the employee-owned truck. 2782. (a) (1) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and an individual providing feedback to the data aggregator, and instead the holding in Borello shall apply, under the following conditions: (A) The individual is free from control and direction from the data aggregator with respect to the substance and content of the feedback. (B) Any consideration paid for the feedback provided, if prorated to an hourly basis, is an amount equivalent to or greater than the minimum wage. (C) The nature of the feedback requested requires the individual providing feedback to the data aggregator to exercise independent judgment and discretion. (D) The individual has the ability to reject feedback requests, without being penalized in any form by the data aggregator. (2) As used in this section: (A) ªData aggregatorº is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from individuals willing to provide it. (B) ªMinimum wageº is local or state minimum wage, whichever is greater. 2783. Section 2775 and the holding in Dynamex do not apply to the following occupations as de®ned in the paragraphs below, and instead, the determination of employee or independent contractor status for individuals in those occupations shall be governed by Borello: (a) A person or organization who is licensed by the Department of Insurance pursuant to Chapter 5 (commencing with Section 1621), Chapter 6 (commencing with Section 1760), or Chapter 8 (commencing with Section 1831) of Part 2 of Division 1 of the Insurance Code or a person who provides underwriting inspections, premium audits, risk management, or loss control work for the insurance and ®nancial service industries. (b) A physician and surgeon, dentist, podiatrist, psychologist, or veterinarian licensed by the State of California pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, performing professional or medical services provided to or by a health care entity, including an entity organized as a sole proprietorship, partnership, or professional corporation as de®ned in Section 13401 of the Corporations Code. Nothing in this subdivision shall circumvent, undermine, or restrict the rights under federal law to organize and collectively bargain. (c) An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, landscape architect, engineer, private investigator, or accountant. (d) A securities broker-dealer or investment adviser or their agents and representatives that are either of the following: (1) Registered with the Securities and Exchange Commission or the Financial Industry Regulatory Authority.
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(2) Licensed by the State of California under Chapter 2 (commencing with Section 25210) or Chapter 3 (commencing with Section 25230) of Division 1 of Part 3 of Title 4 of the Corporations Code. (e) A direct sales salesperson as described in Section 650 of the Unemployment Insurance Code, so long as the conditions for exclusion from employment under that section are met. (f) A manufactured housing salesperson, subject to all obligations under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code, including all regulations promulgated by the Department of Housing and Community Development relating to manufactured home salespersons and all other obligations of manufactured housing salespersons to members of the public. (g) A commercial ®sher working on an American vessel. (1) For the purposes of this subdivision: (A) ªAmerican vesselº has the same meaning as de®ned in Section 125.5 of the Unemployment Insurance Code. (B) ªCommercial ®sherº means a person who has a valid, unrevoked commercial ®shing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code. (C) ªWorking on an American vesselº means the taking or the attempt to take ®sh, shell®sh, or other ®shery resources of the state by any means, and includes each individual aboard an American vessel operated for ®shing purposes who participates directly or indirectly in the taking of these raw ®shery products, including maintaining the vessel or equipment used aboard the vessel. However, ªworking on an American vesselº does not apply to anyone aboard a licensed commercial ®shing vessel as a visitor or guest who does not directly or indirectly participate in the taking. (2) For the purposes of this subdivision, a commercial ®sher working on an American vessel is eligible for unemployment insurance bene®ts if they meet the de®nition of ªemploymentº in Section 609 of the Unemployment Insurance Code and are otherwise eligible for those bene®ts pursuant to the provisions of the Unemployment Insurance Code. (3) On or before March 1, 2021, and each March 1 thereafter, the Employment Development Department shall issue an annual report to the Legislature on the use of unemployment insurance in the commercial ®shing industry. This report shall include, but not be limited to, the number of commercial ®shers who apply for unemployment insurance bene®ts, the number of commercial ®shers who have their claims disputed, the number of commercial ®shers who have their claims denied, and the number of commercial ®shers who receive unemployment insurance bene®ts. The report required by this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (4) This subdivision shall become inoperative on January 1, 2023, unless extended by the Legislature.
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(h) A newspaper distributor working under contract with a newspaper publisher, as de®ned in subparagraph (A), and a newspaper carrier working under contract either with a newspaper publisher or newspaper distributor. (1) For purposes of this subdivision: (A) ªNewspaperº means a newspaper of general circulation, as de®ned in Section 6000 of the Government Code, and any other publication circulated to the community in general as an extension of or substitute for that newspaper's own publication, whether that publication be designated a ªshoppers' guide,º as a zoned edition, or otherwise. (B) ªPublisherº means the natural or corporate person that manages the newspaper's business operations, including circulation. (C) ªNewspaper distributorº means a person or entity that contracts with a publisher to distribute newspapers to the community. (D) ªCarrierº means a person who effects physical delivery of the newspaper to the customer or reader. (2) This subdivision shall become inoperative on January 1, 2021, unless extended by the Legislature. (i) An individual who is engaged by an international exchange visitor program that has obtained and maintains full of®cial designation by the United States Department of State under Part 62 (commencing with Section 62.1) of Title 22 of the Code of Federal Regulations for the purpose of conducting, instead of participating in, international and cultural exchange visitor programs and is in full compliance with Part 62 (commencing with Section 62.1) of Title 22 of the Code of Federal Regulations. (j) A competition judge with a specialized skill set or expertise providing services that require the exercise of discretion and independent judgment to an organization for the purposes of determining the outcome or enforcing the rules of a competition. This includes, but is not limited to, an amateur umpire or referee. 2784. Section 2775 and the holding in Dynamex do not apply to the relationship between a motor club holding a certi®cate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code and an individual performing services pursuant to a contract between the motor club and a third party to provide motor club services utilizing the employees and vehicles of the third party and, instead, the determination of whether such an individual is an employee of the motor club shall be governed by Borello, if the motor club demonstrates that the third party is a separate and independent business from the motor club. 2785. (a) Section 2775 does not constitute a change in, but is declaratory of, existing law with regard to wage orders of the Industrial Welfare Commission and violations of this code relating to wage orders. (b) Insofar as the application of Sections 2776 to Section 2784 would relieve an employer from liability, those sections shall apply retroactively to existing claims and actions to the maximum extent permitted by law. (c) Except as provided in subdivisions (a) and (b) of this section, this article shall apply to work performed on or after January 1, 2020.
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(d) If a hiring entity can demonstrate compliance with all of conditions set forth in any one of Sections 2776 to 2784, inclusive, then Section 2775 and the holding in Dynamex do not apply to that entity, and instead the determination of an individual's employment status as an employee or independent contractor shall be governed by Borello. 2786. In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassi®cation of employees as independent contractors may be prosecuted against the putative employer in a court of competent jurisdiction by the Attorney General, by a district attorney, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, of®cer, person, corporation, or association. 2787. The provisions of this Article are severable. If any provision of this Article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 3. Section 17020.12 of the Revenue and Taxation Code is amended to read: 17020.12. (a) For the purposes of this part, except as otherwise provided, the determination of whether an individual is an employee shall be governed by Section 1 of Article 1.5 of the Labor Code. (b) Section 7701(a)(20) of the Internal Revenue Code, relating to de®nition of ªemployee,º shall apply, except as otherwise provided. SEC. 4. Section 18406 is added to the Revenue and Taxation Code, to read: 18406. For the purposes of this part, except as otherwise provided, the determination of whether an individual is an employee shall be governed by Article 1.5 (commencing with Section 2775) of Chapter 2 of Division 3 of the Labor Code. SEC. 5. Section 21003.5 is added to the Revenue and Taxation Code, to read: 21003.5. For the purposes of this part, except as otherwise provided, the determination of whether an individual is an employee shall be governed by Article 1.5 (commencing with Section 2775) of Chapter 2 of Division 3 of the Labor Code. SEC. 6. Section 23045.6 of the Revenue and Taxation Code is amended to read: 23045.6. (a) For the purposes of this part, except as otherwise provided, the determination of whether an individual is an employee shall be governed by of Article 1.5 (commencing with Section 2775) of Chapter 2 of Division 3 of the Labor Code. (b) Section 7701(a)(20) of the Internal Revenue Code, relating to the de®nition of ªemployee,º shall apply, except as otherwise provided. SEC. 7. Section 61001 is added to the Revenue and Taxation Code, to read:
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61001. For the purposes of this part, except as otherwise provided, the determination of whether an individual is an employee shall be governed by Article 1.5 (commencing with Section 2775) of Chapter 2 of Division 3 of the Labor Code. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure businesses and workers have immediate clarity on the speci®c standards used to determine an individual's employment classi®cation working in the professions impacted by this legislation, including musicians, various professionals in the music recording industry, writers, photographers, videographers, photo editors, and illustrators, and others, it is necessary for this act to take effect immediately.
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218 To: Members of the RCRC Board of Directors From: Staci Heaton, Senior Regulatory Affairs Advocate Date: December 1, 2020 Re: Environmental Services Joint Powers Authority Update – Informational Item
Summary The following is a summary of the Rural Counties’ Environmental Services Joint Powers Authority’s (ESJPA) recent activities. Highlights include the legislative and regulatory activities that impact RCRC member county solid waste departments.
ESJPA Board Meeting The next ESJPA Board of Directors meeting will be Thursday, December 10, 2020 at 9:00 a.m. The meeting will be held virtually in accordance with Executive Orders N-25-20 and N-29-20 due to the COVID-19 pandemic. All Supervisors are invited to participate. The agenda anticipates a presentation by the California Department of Resources Recycling and Recovery (CalRecycle) on the newly finalized SB 1383 Short-Lived Climate Pollutant Regulations, which will include ample time for questions and answers with high-level CalRecycle staff on upcoming compliance requirements for jurisdictions. The meeting will also feature an update on the activities of the Statewide Commission on Recycling Markets and Curbside Recycling, as well as an in-depth discussion on new complications in the disposal of treated wood waste, in addition to other legislative and regulatory updates.
ESJPA Activities ESJPA staff continues to actively participate and report to its members on various waste related topics. Some of the current topics include: Proposed organics regulations and implementation strategies, proposed recycling and disposal reporting requirements, implementation of mandatory commercial organics diversion, and various legislative and regulatory proposals. ESJPA staff continues to provide technical assistance to individual counties on a variety of issues and has assisted ESJPA members with regulatory compliance challenges to help provide guidance and assistance, as well as interfacing with state regulatory bodies on their behalf.
California Department of Resources Recycling and Recovery Senate Bill 1383 Short-Lived Climate Pollutants Regulations The Office of Administrative Law approved the final SB 1383 regulations after the first final draft was rejected early in 2020. ESJPA staff is looking at various options to aid
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA 1215 K STREET, SUITE 1650 SACRAMENTO, CA 95814 PHONE: 916-447-4806 FAX: 916-448-3154 WEB: WWW.RCRCNET.ORG 219 ESJPA member counties with SB 1383 implementation, and will be presenting and requesting question and feedback on a set of template documents to help with implementation at the December Technical Advisory Group meeting. Staff will be proposing a number of implementation strategies for consideration and discussion by the group and will continue to support member counties by providing technical support during the implementation process.
The final approved rule and additional information are available on CalRecycle’s website here: https://www.calrecycle.ca.gov/laws/rulemaking/slcp
AB 1583 Statewide Commission on Recycling Markets and Curbside Recycling CalRecycle appointed 18 representatives from public agencies, private solid waste enterprises, and environmental organizations to the AB 1583 Statewide Commission on Recycling Markets and Curbside Recycling to develop state policy recommendation on recyclables and compostables. Tedd Ward, Director of Del Norte County Solid Waste Management and current ESJPA TAG Chair was appointed to the Commission and is giving regular updates at ESJPA Board of Directors meetings on the activities of the Commission, as well as receiving input from members to inform the Commission’s work. The Commission is meeting often in order to submit a report to the legislature by January 1, 2021.
Pharmaceutical and Sharps Waste Stewardship Act CalRecycle’s Acting Director approved the Proposed Pharmaceutical and Sharps Waste Stewardship Program Regulations on September 30, 2020, and CalRecycle is preparing to submit the final regulatory package to the Office of Administrative Law as required per the Administrative Procedure Act. This program will offer free residential collection of pharmaceuticals and sharps.
Illegal Dumping Technical Advisory Committee ESJPA staff is participating in the statewide Illegal Dumping Technical Advisory Committee to develop recommendations to enhance the effectiveness of local and state responses to illegal dumping. Various subcommittees are meeting frequently on the topics of Strategy, Outreach, Standards, and Enforcement. The full committee is meeting on November 18, 2020.
Department of Toxic Substances Control Treated Wood Waste/Senate Bill 68 Changes in requirements at the Department of Toxic Substances Control, combined with Governor Gavin Newsom’s veto of Senate Bill 68 (Galgiani) at the end of the 2020 legislative session, will severely complicate how treated wood waste must be handled and re-classify it as a hazardous waste. ESJPA staff has been working with CalEPA to find solutions until the provisions in SB 68 can be carried in legislation in 2021.
Grant Update Used Oil Payment Program Work continues to improve the used oil program infrastructure in Alpine, Colusa, and Mariposa Counties. Preparations are beginning for the Colusa Farm Show in February. ESJPA Staff continues to work on addressing used oil contamination at a Mariposa County collection site.
220 Tire Amnesty Grant The ESJPA continues to implement this grant for five ESJPA member counties (Colusa, Inyo, Mariposa, Sierra, and Tuolumne) that are ongoing grant recipients through this program. Additional events will be scheduled until the grant ends September 30, 2021.
Staff Recommendation RCRC staff will continue to follow development and engage in issues pertaining to solid waste.
Attachment Treated Wood Waste Regulatory Summary
221 222 Treated Wood Waste – New Requirements 2021
This regulatory summary provides an overview of the requirements on what happens January 1, 2021 regarding management of Treated Wood Waste due to the veto of SB 68 (Galgiani).
Summary Pursuant to Health and Safety Code Section 25150.7, solid waste landfills (Class II and Class III) were authorized to accepted Treated Wood Waste (TWW) provided the landfill has specific authorization in their Waste Discharge Requirements. This allowance sunsets December 31, 2020 per section 25150.7 (k). The alternative management standards that allowed generators and handlers of TWW to be managed as less than full hazardous waste (§25150.7 (f)(1)) also cease at the end of the year.
SB 68 was intended to remove the sunset but was vetoed so the sunset date results in full regulation as hazardous waste except for TWW from utilities electric, gas, or telephone service per Sections 25150.8 and 25143.1.5. Those items can continue to be disposed of in approved Class II and Class II landfills (see citation below). The utility exemption was not affected by the SB 68 veto.
All other treated wood waste will be required to be handled as hazardous waste and subject to Class I hazardous waste landfills or disposed of at approved landfills outside California and will be required to be shipped on a uniform hazardous waste manifest.
What happens starting January 1, 2021 Once the treated wood is generated at a site as of January 1, 2021 or left over from 2020, that Treated Wood Waste is subject to full hazardous waste standards – 90 days on generators site, storage, labeling, shipment on a hazardous waste manifest, and sent to a full hazardous waste facility (landfill or transfer station). TWW sent out of state will still need to follow California requirements for generation and transport – manifest and hazardous waste transporter – as long as that receiving facility is permitted in that state to accept TWW (which is basically any solid waste landfill outside of California). This is not mentioned in the DTSC red text and the Class I landfills designation is a California term. DTSC cannot interfere with interstate commerce.
Acceptance at Household Hazardous Waste Facilities Household Hazardous Waste (HHW) Facilities will be able to accept it from households provided the resident only transports a maximum of 125 pounds per trip. There is no limit on how much HHW a HHW facility can accept from households. Small business acceptance at a HHW facility is limited to no more than 27 gallons per trip and those generating less than 100 kg (220 pounds) per month of hazardous waste and TWW counts to that limit (how many pieces of wood or grape stakes will it take to exceed 220 pounds). These small business rules pretty much eliminate HHW facilities as an option for acceptance from small businesses including construction sites or agriculture usage.
Impacts on Load Checking Programs Load checking programs will need to remove treated wood waste (TWW) as hazardous waste even if that landfill hauls out-of-state to a landfill that accepts treated wood (I guess you can send the entire solid waste load contaminated with TWW as a hazardous waste). Solid waste facilities will no longer be able to collect TWW intentionally for storage without becoming a full hazardous waste facility. You will have to wait until it is illegally disposed and then remove it as load checking wastes. HHW facilities can accept load checking waste separately and not subject to the small business requirements but that get complicated with the federal manifest requirements unless the HHW facility is collocated on the same site as the solid waste facility.
Sweetser & Associates, Inc. 1 October 19, 2020
223 Treated Wood Waste – New Requirements 2021
Applicable Statutes Excerpts Section 25143.1.5. (a) For purposes of this section, “wood waste” includes poles, crossarms, pilings, fence posts, lumber, support timbers, flume lumber, and cooling tower lumber. (b) Any wood waste, previously treated with a preservative, that has been removed from electric, gas, or telephone service, is exempt from the requirements of this chapter if all of the following conditions are met: (1) The wood waste is not subject to regulation as a hazardous waste under the federal act. (2) The wood waste is disposed of in a composite-lined portion of a municipal solid waste landfill that meets any requirements imposed by the state policy adopted pursuant to Section 13140 of the Water Code and regulations adopted pursuant to Sections 13172 and 13173 of the Water Code. (3) The solid waste landfill used for disposal is authorized to accept the wood waste under waste discharge requirements issued by the California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. (Added by Stats. 1995, Ch. 670, Sec. 1. Effective January 1, 1996.)
Section 25150.7 (a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes. (b) For purposes of this section, the following definitions shall apply: (1) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (2) “Wood preserving industry” means business concerns, other than retailers, that manufacture or sell treated wood products in the state. (c) This section applies only to treated wood waste that, solely due to the presence of a preservative in the wood, is a hazardous waste and to which both of the following requirements apply: (1) The treated wood waste is not subject to regulation as a hazardous waste under the federal act. (2) Section 25143.1.5 does not apply to the treated wood waste. (d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood waste shall be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste. (2) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements: (A) Manage the treated wood waste to prevent scavenging. (B) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this chapter, except as otherwise provided by regulations adopted pursuant to subdivision (f). (C) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, then treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release. … (f) (1) On or before January 1, 2007, the department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, and after consideration of any known health hazards associated with treated wood waste, shall adopt and may subsequently
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224 Treated Wood Waste – New Requirements 2021 revise as necessary, regulations establishing management standards for treated wood waste as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter. (2) The regulations adopted pursuant to this subdivision shall, at a minimum, ensure all of the following: (A) Treated wood waste is properly stored, treated, transported, tracked, disposed of, and otherwise managed to prevent, to the extent practical, releases of hazardous constituents to the environment, prevent scavenging, and prevent harmful exposure of people, including workers and children, aquatic life, and animals to hazardous chemical constituents of the treated wood waste. (B) Treated wood waste is not reused, with or without treatment, except for a purpose that is consistent with the approved use of the preservative with which the wood has been treated. For purposes of this subparagraph, “approved uses” means a use approved at the time the treated wood waste is reused. (C) Treated wood waste is managed in accordance with all applicable laws. (D) Any size reduction of treated wood waste is conducted in a manner that prevents the uncontrolled release of hazardous constituents to the environment, and that conforms to applicable worker health and safety requirements. (E) All sawdust and other particles generated during size reduction are captured and managed as treated wood waste. (F) All employees involved in the acceptance, storage, transport, and other management of treated wood waste are trained in the safe and legal management of treated wood waste, including, but not limited to, procedures for identifying and segregating treated wood waste. (g) (1) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative standard specified in the regulations adopted pursuant to subdivision (f) or with the requirements of this chapter. (2) A person who is in compliance with the alternative standard specified in the regulations adopted pursuant to subdivision (f) is deemed to be in compliance with the requirement of this chapter for which the regulation is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter. (h) On January 1, 2005, all variances granted by the department before January 1, 2005, governing the management of treated wood waste are inoperative and have no further effect. (i) This section does not limit the authority or responsibility of the department to adopt regulations under any other law. … (k) This section shall become inoperative on December 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2016, Ch. 340, Sec. 16. (SB 839) Effective September 13, 2016. Inoperative December 31, 2020. Repealed as of January 1, 2021, by its own provisions.)
Section 25150.8 If treated wood waste is accepted by a solid waste landfill that manages and disposes of the treated wood waste in accordance with Section 25143.1.5 or paragraphs (1) and (2) of subdivision (d) of Section 25150.7, the treated wood waste, upon acceptance by the solid waste landfill, shall thereafter be deemed to be a solid waste, and not a hazardous waste, for purposes of this chapter and Section 40191 of the Public Resources Code. (Added by Stats. 2004, Ch. 597, Sec. 2. Effective January 1, 2005.)
Prepared by Larry Sweetser. Sweetser & Associates, Inc.
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225 Treated Wood Waste – New Requirements 2021
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226 To: Members of the RCRC Board of Directors From: Governmental Affairs Staff Arthur Wylene, General Counsel Date: December 1, 2020 Re: Water Issues Update – Informational Item
Summary This memo provides an update on current issues involving California water policy.
Background With the Legislature out-of-session since late August, the water policy conversation over the past few months has been dominated by events at the interstate and federal level, and further developments are expected in the near future as President-elect Joe Biden fills critical cabinet posts with water-related portfolios. Major ongoing items of interest for RCRC member counties include:
Presidential Transition The transition from the Trump Administration to the Biden Administration is expected to bring major changes to federal water and environmental policy. The scope and extent of these changes cannot be fully predicted at this time, and may depend upon President- elect Biden's choice of appointees to lead the several federal agencies. The transition teams assigned to review these agencies are comprised largely of former Obama Administration officials, suggesting a potential return toward the policies of that era; however, as noted, this remains uncertain.
Policy areas that are anticipated to receive significant attention from the incoming Administration include the much-debated "Waters of the United States" rule under the Clean Water Act, and the Trump Administration's recent revisions to regulations implementing the National Environmental Policy Act. Further, there is some speculation that the Biden Administration may revisit the biological opinions governing state and federal water operations in the Delta, which would impact the ongoing litigation between California and the federal government on that subject, and could revive the discussion of voluntary agreements, which is now largely stalled.
Shasta Dam Raise On November 19, 2020, the Bureau of Reclamation released the Final Supplemental Environmental Impact Statement (FSEIS) for the proposed raising of Shasta Dam. The project, which has been under consideration for a number of years, would raise the dam
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227 by 18.5 feet, thereby increasing water storage capacity in the Shasta Lake reservoir by 634,000 acre-feet. The project is highly controversial among water, agriculture, and environmental interests, and is opposed by the State of California. The Attorney General has submitted critical comments on the FSEIS, and previously sued Westlands Water District over their role in the project. Further litigation is expected, and the future of the project is uncertain.
Klamath Dam Removal In November, the States of California and Oregon reached an agreement with the electrical utility PacifiCorp to facilitate removal of hydroelectric dams on the Klamath River. The proposed removal has been under discussion for several years, but has been stalled by concerns over responsibility for removal costs. Under the agreement, the states would share responsibility for the removal operations, and would split the removal costs with the dams' former owner, PacifiCorp. Removal of these dams is highly controversial, with environmental and tribal interest supporting the proposal in order to improve fish passage, and local residents opposed due to concerns over property values, recreational opportunities, and flood and sediment control. There is also a widespread perception that this project could provide a template for future dam removals elsewhere in the country. The agreement requires approval by the Federal Energy Regulatory Commission (FERC). If approval is granted, removal of the dams is expected to occur in 2023.
Water Quality Certifications Earlier this year, RCRC staff detailed the dispute over relicensing the Nevada Irrigation District's Yuba-Bear hydroelectric project, and the role of water quality certifications issued by the State Water Resources Control Board (SWRCB) under Section 401 of the Clean Water Act. FERC concluded that SWRCB had missed the deadline to issue a "401 certification" for the project, thereby waiving its authority – which prompted litigation from both SWRCB and environmental groups. A similar dispute has arisen for the Yuba River Development Project operated by the Yuba County Water Agency. As with NID's project, SWRCB delayed issuing a "401 certification," and FERC concluded that SWRCB had waived its authority. Notwithstanding this finding, SWRCB proceeded to issue a "401 certification" in July 2020, which included substantial regulatory conditions (and costs) for project operation. These events have resulted in multiple sets of litigation – by the SWRCB to overturn FERC's waiver finding, and by Yuba County Water Agency to overturn the "401 certification." As previously noted, these cases present high-stakes issues regarding the interaction between federal licensing, "401 certification" authority, and California's environmental laws, and are being closely watched in the water community.
“30 by 30” Conservation Executive Order On October 7, 2020, Governor Newsom issued an Executive Order declaring the "the goal of the State to conserve at least 30 percent of California’s land and coastal waters by 2030." The Order directed state agencies to develop strategies to implement this goal by February 1, 2022, but provided little detail regarding what such strategies might entail. Several commentators have noted that this Order is very similar to last year's Assembly Bill 3030 (Kalra) which failed passage due, in part, to concerns over the nebulous nature of the goal and uncertainties of implementation. It remains to be seen whether this Order was simply intended as general policy statement, or whether it will drive substantive rulemaking by the SWRCB and others in future years.
228 General Obligation Bonds to Fund Resource Programs As noted in previous memos, the Legislature made a number of unsuccessful attempts to develop a “resource-based” bond during the 2019-2020 Legislative Session. None of these measures nor a couple of less-ambitious proposals, gained much momentum due to the truncated 2020 Legislative Session and there just was not much political appetite for a resource bond measure. Despite this, it is anticipated that there will be serious efforts to forge another bond proposal during the 2021-2022 Legislative Session. It is anticipated that last year’s Senate Bill 45 (Allen) and Assembly Bill 3256 (Garcia) will become the “baseline” for future conversations.
Staff Recommendation Information only. RCRC staff will continue to engage in these policy areas as necessary to ensure the concerns of RCRC member counties are addressed.
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RCRC 2021 Meeting Calendar
January 2021 Wednesday, January 13, 2021 RCRC Board Meeting Via Zoom Wednesday, January 13, 2021 RCRC Installation Reception Via Zoom Thursday, January 14, 2021 CSAC Executive Committee Sacramento
February 2021 February 3-5, 2021 CSAC Platinum Leadership Forum TBA Wednesday, February 10, 2021 RCRC Executive Committee RCRC Board Room Thursday, February 11, 2021 CSAC Board Meeting Sacramento February 20–24, 2021 NACo Legislative Conference Washington D.C.
March 2021 Wednesday, March 10, 2021 RCRC Board Meeting RCRC Board Room Thursday, March 11, 2021 ESJPA Board Meeting RCRC Board Room
April 2021 Wednesday, April 21, 2021 RCRC Board Meeting RCRC Board Room Wednesday April 21, 2021 CSAC Legislative Conference Sacramento Thursday, April 22, 2021 CSAC Executive Committee Sacramento
May 2021 Wednesday, May 12, 2021 RCRC Executive Committee RCRC Board Room May 25-28, 2021 NACo WIR Conference Mariposa County
June 2021 Thursday, June 17-19, 2021 RCRC Board Meeting Mono County Thursday, June 24, 2021 ESJPA Board Meeting RCRC Board Room TBA CSAC Regional Meeting TBA
July 2021 Wednesday, July 14, 2021 RCRC Executive Committee RCRC Board Room July 16-19, 2021 NACo Annual Conference Travis County, Austin, TX
August 2021 Thursday, August 12, 2021 CSAC Executive Committee Sacramento Wednesday, August 18, 2021 RCRC Board Meeting RCRC Board Room Thursday, August 19, 2021 ESJPA Board Meeting RCRC Board Room
September 2021 Thursday, September 2, 2021 CSAC Board Meeting Sacramento TBA CSAC Regional Meeting TBA September 29-30, 2021 RCRC Annual Meeting Monterey County Friday, October 1, 2021 RCRC Board Meeting Monterey County
October 2021 October 6-8, 2021 CSAC Executive Retreat TBA Wednesday, October 13, 2021 RCRC Executive Committee RCRC Board Room Thursday, October 14, 2021 ESJPA Board Meeting RCRC Board Room
November 2021 Wednesday, November 10, 2021 RCRC Executive Committee RCRC Board Room
December 2021 November 29 – December 3, 2021 CSAC Annual Meeting Monterey County Thursday, December 2, 2021 CSAC Board Meeting Monterey County Wednesday, December 8, 2021 RCRC Board Meeting RCRC Board Room Thursday, December 9, 2021 ESJPA Board Meeting RCRC Board Room Wednesday, December 15-17, 2021 CSAC Officers’ Retreat Napa County