Legislative Committee
May 16, 2022

Legislative Committee – May 16, 2022

Assembly Bill 1797 – Immunization Registry
1 Recommendation

Legislative Committee discuss and provide direction to staff.

Summary

Existing law permits health care providers and other agencies, including schools, childcare facilities, and county welfare agencies to disclose immunization information from the patient’s medical or client’s records to local health departments and the State Department of Public Health.

Authored by Assembly Member Akilah Weber (D-79-San Diego), Assembly Bill 1797, requires, instead of permits, health care providers and other agencies, including schools, childcare facilities, and county welfare agencies to disclose immunization information from the patient’s medical or client’s records to local health departments and the State Department of Public Health. However, this bill retains the right for a parent or guardian to lock immunization records and restrict sharing of this information between the aforementioned agencies.

Additionally, in the case of the COVID-19 public health emergency, this bill authorizes schools, childcare facilities, family childcare homes, and county human services agencies to perform immunization status assessments of youth, adults, and clients. In the case of schools, this provision only applies to schools under a school district governing body that has adopted a policy mandating COVID-19 immunization for school attendance. This provision sunsets on January 1, 2026.

None of the school districts within the City have adopted a policy mandating COVID-19 immunization. Additionally, none of the school districts within the City have taken a position on this legislation.

Supporters

California Immunization Coalition (Co-sponsor)
Protect US (Co-sponsor)
San Diego Unified School District (Co-sponsor)
Los Angeles Unified School District
American Academy of Pediatrics, California
California Academy of Family Physicians

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Communication: Assembly Bill 1797 - Staff Report (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) 2 Opponents

California Health Coalition Advocacy
Children’s Health Defense California Chapter
Educate. Advocate.

National Vaccine Information Center
Protection of the Educational Rights for Kids
Voice for Choice Advocacy

Bill Status

Assembly Bill 1797 passed two policy committees, approved by the Assembly Committee on Health (10-3-2) on April 26, 2022, and the Assembly Committee on Education (5-2) on April 27, 2022. The bill is currently on the Suspense File. The deadline for bills to be reported to the floor is May 20, 2022.

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Communication: Assembly Bill 1797 - Staff Report (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) AMENDED IN ASSEMBLY MAY 2, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1797
Introduced by Assembly Member Akilah Weber
(Principal coauthor: Senator Pan)
(Coauthors: Assembly Members Low and Wicks)
(Coauthors: Senators Newman and Wiener)
February 7, 2022
An act to amend amend, repeal, and add Section 120440 of the Health and Safety Code, relating to immunization registry.
legislative counsel’s digest
AB 1797, as amended, Akilah Weber. Immunization registry.

Existing law authorizes local health officers and the State Department of Public health to operate immunization information systems. Existing law, e xcept as pro vided, authorizes health care pro viders and other agencies, including, among others, schools, childcare facilities, family childcare homes, and county human services agencies, to disclose specified immunization information with local health departments and the State Department of Public Health, and authorizes local health departments and the department to disclose that same information to each other and to health care pro viders, schools, childcare f acilities, family childcare homes, and county human services agencies, among others, as specified. Existing la w specifies the immunization, patient, or client information that may be disclosed, which includes, among other things, patient or client demographic information, immunization

97 Packet Pg. 6
Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) data, adverse reactions to the immunization, or other information needed to identify the patient or client or to comply with other laws.

This bill w ould instead require health care pro viders and other agencies, including schools, childcare facilities, family childcare homes, and county human services agencies to disclose the specified immunization information, and would add the patient’s or client’s race or ethnicity to the list of information that shall or may be disclosed. By imposing new duties on schools and county human services agencies, the bill would impose a state-mandated local program.

Existing law requires schools, childcare f acilities, family childcare homes, and county human services agencies to maintain the confidentiality of the specified immunization information and to only use the information for specified purposes, including to carry out their responsibilities re garding required immunization for attendance or participation benefits, or both.

This bill would would, until January 1, 2026, additionally authorize schools, childcare facilities, family childcare homes, and county human services agencies to use the specified immunization information, in the event of a for the CO VID-19 public health emer gency, to perform immunization status assessments of pupils, adults, and clients to ensure health and safety.

The California Constitution requires the state to reimb urse 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 120440 of the Health and Safety Code line 2 is amended to read:
line 3 120440. (a)  For the purposes of this chapter , the follo wing line 4 definitions shall apply:
line 5 (1)  “Health care provider” means any person licensed pursuant line 6 to Division 2 (commencing with Section 500) of the Business and 97 — 2 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 Professions Code or a clinic or health facility licensed pursuant to line 2 Division 2 (commencing with Section 1200).
line 3 (2)  “Schools, childcare facilities, and family childcare homes” line 4 means those institutions referred to in subdi vision (b) of Section line 5 120335, regardless of whether they directly provide immunizations line 6 to patients or clients.
line 7 (3)  “WIC service pro vider” means an y public or pri vate line 8 nonprofit agenc y contracting with the department to pro vide line 9 services under the California Special Supplemental Food Program line 10 for Women, Infants, and Children, as pro vided for in Article 2 line 11 (commencing with Section 123275) of Chapter 1 of P art 2 of line 12 Division 106.
line 13 (4)  “Health care plan” means a health care service plan as line 14 defined in subdivision (f) of Section 1345, a go vernment-funded line 15 program the purpose of which is paying the costs of health care, line 16 or an insurer as described in Sections 10123.5 and 10123.55 of line 17 the Insurance Code, regardless of whether the plan directly provides line 18 immunizations to patients or clients.
line 19 (5)  “County human services agenc y” means a county welf are line 20 agency administering the California Work Opportunity and line 21 Responsibility to Kids (CalWORKs) program, pursuant to Chapter line 22 2 (commencing with Section 11200.5) of P art 3 of Division 9 of line 23 the Welfare and Institutions Code.
line 24 (6)  “Foster care agenc y” means an y of the county and state line 25 social services agencies providing foster care services in California. line 26 (7)  “Tuberculosis screening” means an appro ved intradermal line 27 tuberculin test or an y other test for tuberculosis infection that is line 28 recommended by the federal Centers for Disease Control and line 29 Prevention and licensed by the federal F ood and Drug line 30 Administration.
line 31 (b)  (1)  Local health officers may operate immunization line 32 information systems pursuant to their authority under Section line 33 120175, in conjunction with the Immunization Branch of the State line 34 Department of Public Health. Local health officers and the State line 35 Department of Public Health may operate these systems in either line 36 or both of the following manners:
line 37 (A)  Separately within their individual jurisdictions. line 38 (B)  Jointly among more than one jurisdiction.
line 39 (2)  This subdivision does not preclude local health officers from line 40 sharing the information set forth in paragraphs (1) to (12), 97 AB 1797 — 3 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 inclusive, of subdi vision (c) with other health officers jointly line 2 operating the system.
line 3 (c)  Notwithstanding Sections 49075 and 49076 of the Education line 4 Code, Chapter 5 (commencing with Section 10850) of P art 2 of line 5 Division 9 of the Welfare and Institutions Code, or an y other line 6 provision of law, unless a refusal to permit recordsharing is made line 7 pursuant to subdi vision (e), health care pro viders, and other line 8 agencies, including, but not limited to, schools, childcare facilities, line 9 service providers for the California Special Supplemental F ood line 10 Program for Women, Inf ants, and Children (WIC), health care line 11 plans, foster care agencies, and county human services agencies, line 12 shall disclose the information set forth in paragraphs (1) to (12), line 13 inclusive, from the patient’s medical record, or the client’s record, line 14 to local health departments operating countywide or re gional line 15 immunization information and reminder systems and the State line 16 Department of Public Health. Local health departments and the line 17 State Department of Public Health may disclose the information line 18 set forth in paragraphs (1) to (12), inclusi ve, to each other and, line 19 upon a request for information pertaining to a specific person, to line 20 health care providers taking care of the patient and to the Medical line 21 Board of California and the Osteopathic Medical Board of line 22 California. Local health departments and the State Department of line 23 Public Health may disclose the information in paragraphs (1) to line 24 (7), inclusive, and paragraphs (9) to (12), inclusi ve, to schools, line 25 childcare facilities, county human services agencies, and f amily line 26 childcare homes to which the person is being admitted or in line 27 attendance, foster care agencies in assessing and providing medical line 28 care for children in foster care, and WIC service pro viders line 29 providing services to the person, health care plans arranging for line 30 immunization services for the patient, and county human services line 31 agencies assessing immunization histories of dependents of line 32 CalWORKs participants, upon request for information pertaining line 33 to a specific person. Determination of benefits based upon line 34 immunization of a dependent CalWORKs participant shall be made line 35 pursuant to Section 11265.8 of the Welfare and Institutions Code. line 36 The following information shall be subject to this subdivision:
line 37 (1)  The name of the patient or client and names of the parents line 38 or guardians of the patient or client.
line 39 (2)  Date of birth of the patient or client.
97 — 4 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 (3)  Types and dates of immunizations recei ved by the patient line 2 or client.
line 3 (4)  Manufacturer and lot number for each immunization line 4 received.
line 5 (5)  Adverse reaction to immunizations received. line 6 (6)  Other nonmedical information necessary to establish the line 7 patient’s or client’s unique identity and record. line 8 (7)  Results of tuberculosis screening.
line 9 (8)  Current address and telephone number of the patient or client line 10 and the parents or guardians of the patient or client. line 11 (9)  Patient’s or client’s gender.
line 12 (10)  Patient’s or client’s place of birth.
line 13 (11)  Patient’s or client’s race or ethnicity.
line 14 (12)  Patient’s or client’ s information needed to comply with line 15 Chapter 1 (commencing with Section 120325), b ut e xcluding line 16 Section 120380.
line 17 (d)  (1)  Health care providers, local health departments, and the line 18 State Department of Public Health shall maintain the confidentiality line 19 of information listed in subdivision (c) in the same manner as other line 20 medical record information with patient identification that the y line 21 possess. These providers, departments, and contracting agencies line 22 are subject to civil action and criminal penalties for the wrongful line 23 disclosure of the information listed in subdivision (c), in accordance line 24 with e xisting la w. They shall use the information listed in line 25 subdivision (c) only for the following purposes:
line 26 (A)  To provide immunization services to the patient or client, line 27 including issuing reminder notifications to patients or clients or line 28 their parents or guardians when immunizations are due. line 29 (B)  To pro vide or f acilitate pro vision of third-party payer line 30 payments for immunizations.
line 31 (C)  To compile and disseminate statistical information of line 32 immunization status on groups of patients or clients or populations line 33 in California, without identifying information for these patients or line 34 clients included in these groups or populations. line 35 (D)  In the case of health care pro viders only, as authorized by line 36 Part 2.6 (commencing with Section 56) of Division 1 of the Civil line 37 Code.
line 38 (2)  Schools, childcare facilities, family childcare homes, WIC line 39 service pro viders, foster care agencies, county human services line 40 agencies, and health care plans shall maintain the confidentiality 97 AB 1797 — 5 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 of information listed in subdivision (c) in the same manner as other line 2 client, patient, and pupil information that the y possess. These line 3 institutions and providers are subject to civil action and criminal line 4 penalties for the wrongful disclosure of the information listed in line 5 subdivision (c), in accordance with e xisting law. They shall use line 6 the information listed in subdi vision (c) only for those purposes line 7 provided in subparagraphs (A) to (D), inclusive, of paragraph (1) line 8 and as follows:
line 9 (A)  In the case of schools, childcare facilities, family childcare line 10 homes, and county human services agencies, to carry out their line 11 responsibilities regarding required immunization for attendance line 12 or participation benefits, or both, as described in Chapter 1 line 13 (commencing with Section 120325), and in Section 11265.8 of line 14 the Welfare and Institutions Code.
line 15 (B)  In the case of WIC service pro viders, to perform line 16 immunization status assessments of clients and to refer those clients line 17 found to be due or o verdue for immunizations to health care line 18 providers.
line 19 (C)  In the case of health care plans, to f acilitate payments to line 20 health care pro viders, to assess the immunization status of their line 21 clients, and to tabulate statistical information on the immunization line 22 status of groups of patients, without including patient-identifying line 23 information in these tabulations.
line 24 (D)  In the case of foster care agencies, to perform immunization line 25 status assessments of foster children and to assist those foster line 26 children found to be due or overdue for immunization in obtaining line 27 immunizations from health care providers.
line 28 (E)  (i)  In the case of schools, childcare f acilities, f amily line 29 childcare homes, and county human services agencies, in the event line 30 of a for the CO VID-19 public health emer gency, to perform line 31 immunization status assessments of pupils, adults, and clients to line 32 ensure health and safety.
line 33 (ii)  In the case of schools, this subparagraph only applies if the line 34 school’s governing board or body has adopted a policy mandating line 35 COVID-19 immunization for sc hool attendance and the sc hool line 36 limits the use of the data to verifying immunization status for this line 37 purpose.
line 38 (e)  A patient or a patient’ s parent or guardian may refuse to line 39 permit recordsharing. The health care pro vider administering line 40 immunization and any other agency possessing any patient or client 97 — 6 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 information listed in subdivision (c), if planning to provide patient line 2 or client information to an immunization system, as described in line 3 subdivision (b), shall inform the patient or client, or the parent or line 4 guardian of the patient or client, of the following:
line 5 (1)  The information listed in subdi vision (c) shall be shared line 6 with local health departments and the State Department of Public line 7 Health. The health care provider or other agency shall provide the line 8 name and address of the State Department of Public Health or of line 9 the immunization registry with which the provider or other agency line 10 will share the information.
line 11 (2)  Any of the information shared with local health departments line 12 and the State Department of Public Health shall be treated as line 13 confidential medical information and shall be used only to share line 14 with each other , and, upon request, with health care pro viders, line 15 schools, childcare facilities, family childcare homes, WIC service line 16 providers, county human services agencies, foster care agencies, line 17 and health care plans. These providers, agencies, and institutions line 18 shall, in turn, treat the shared information as confidential, and shall line 19 use it only as described in subdivision (d).
line 20 (3)  The patient or client, or parent or guardian of the patient or line 21 client, has the right to e xamine an y immunization-related line 22 information or tuberculosis screening results shared pursuant to line 23 this section and to correct any errors in it.
line 24 (4)  The patient or client, or the parent or guardian of the patient line 25 or client, may refuse to allow this information to be shared pursuant line 26 to this section or to recei ve immunization reminder notifications line 27 at any time, or both. After refusal, the patient’s or client’s physician line 28 may maintain access to this information for the purposes of patient line 29 care or protecting the public health. After refusal, the local health line 30 department and the State Department of Public Health may line 31 maintain access to this information for the purpose of protecting line 32 the public health pursuant to Sections 100325, 120140, and 120175, line 33 as well as Sections 2500 to 2643.20, inclusi ve, of Title 17 of the line 34 California Code of Regulations.
line 35 (f)  (1)  The health care provider administering the immunization line 36 or tuberculosis screening and an y other agenc y possessing an y line 37 patient or client information listed in subdivision (c), may inform line 38 the patient or client, or the parent or guardian of the patient or line 39 client, by ordinary mail, of the information in paragraphs (1) to line 40 (4), inclusi ve, of subdi vision (e). The mailing shall include a 97 AB 1797 — 7 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 reasonable means for refusal, such as a return form or contact line 2 telephone number.
line 3 (2)  The information in paragraphs (1) to (4), inclusi ve, of line 4 subdivision (e) may also be presented to the parent or guardian of line 5 the patient or client during an y hospitalization of the patient or line 6 client.
line 7 (g)  If the patient or client, or parent or guardian of the patient line 8 or client, refuses to allo w the information to be shared, pursuant line 9 to paragraph (4) of subdi vision (e), the health care pro vider or line 10 other agenc y may not share this information in the manner line 11 described in subdivision (c), except as provided in subparagraph line 12 (D) of paragraph (1) of subdivision (d).
line 13 (h)  (1)  Upon request of the patient or client, or the parent or line 14 guardian of the patient or client, in writing or by other means line 15 acceptable to the recipient, a local health department or the State line 16 Department of Public Health that has received information about line 17 a person pursuant to subdivision (c) shall do all of the following:
line 18 (A)  Provide the name and address of other persons or agencies line 19 with whom the recipient has shared the information. line 20 (B)  Stop sharing the information in its possession after the date line 21 of the receipt of the request.
line 22 (2)  After refusal, the patient’s or client’s physician may maintain line 23 access to this information for the purposes of patient care or line 24 protecting the public health. After refusal, the local health line 25 department and the State Department of Public Health may line 26 maintain access to this information for the purpose of protecting line 27 the public health pursuant to Sections 100325, 120140, and 120175, line 28 as well as Sections 2500 to 2643.20, inclusi ve, of Title 17 of the line 29 California Code of Regulations.
line 30 (i)  Upon notification, in writing or by other means acceptable line 31 to the recipient, of an error in the information, a local health line 32 department or the State Department of Public Health that has line 33 information about a person pursuant to subdivision (c) shall correct line 34 the error. If the recipient is aware of a disagreement about whether line 35 an error exists, information to that effect may be included. line 36 (j)  (1)  Any party authorized to mak e medical decisions for a line 37 patient or client, including, but not limited to, those authorized by line 38 Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section line 39 6550), Chapter 2 (commencing with Section 6910) of P art 4, or line 40 Chapter 1 (commencing with Section 7000) of Part 6, of Division 97 — 8 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 11 of, the Family Code, Section 1530.6 of the Health and Safety line 2 Code, or Sections 727 and 1755.3 of, and Article 6 (commencing line 3 with Section 300) of Chapter 2 of P art 1 of Di vision 2 of, the line 4 Welfare and Institutions Code, may permit sharing of the patient’s line 5 or client’ s record with an y of the immunization information line 6 systems authorized by this section.
line 7 (2)  For a patient or client who is a dependent of a juvenile court, line 8 the court or a person or agency designated by the court may permit line 9 this recordsharing.
line 10 (3)  For a patient or client recei ving foster care, a person or line 11 persons licensed to provide residential foster care, or having legal line 12 custody, may permit this recordsharing.
line 13 (k)  For purposes of supporting immunization information line 14 systems, the State Department of Public Health shall assist the line 15 Immunization Branch of the State Department of Public Health in line 16 both of the following:
line 17 (1)  Providing department records containing information about line 18 publicly funded immunizations.
line 19 (2)  Supporting ef forts for the reporting of publicly funded line 20 immunizations into immunization information systems by health line 21 care providers and health care plans.
line 22 (l)  Subject to any other provisions of state and federal la w or line 23 regulation that limit the disclosure of health information and protect line 24 the privacy and confidentiality of personal information, local health line 25 departments and the State Department of Public Health may share line 26 the information listed in subdivision (c) with a state, local health line 27 departments, health care pro viders, immunization information line 28 systems, or any representative of an entity designated by federal line 29 or state la w or re gulation to recei ve this information. The State line 30 Department of Public Health may enter into written agreements line 31 to e xchange confidential immunization information with other line 32 states for the purposes of patient care, protecting the public health, line 33 entrance into school, childcare and other institutions requiring line 34 immunization prior to entry, and the other purposes described in line 35 subdivision (d). The written agreement shall provide that the state line 36 that receives confidential immunization information must maintain line 37 its confidentiality and may only use it for purposes of patient care, line 38 protecting the public health, entrance into school, childcare and line 39 other institutions requiring immunization prior to entry , and the line 40 other purposes described in subdivision (d). Information shall not 97 AB 1797 — 9 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 be shared pursuant to this subdivision if a patient or client, or parent line 2 or guardian of a patient or client, refuses to allo w the sharing of line 3 immunization information pursuant to subdivision (e). line 4 (m)  This section shall r emain in ef fect only until J anuary 1, line 5 2026, and as of that date is repealed.
line 6 SEC. 2. Section 120440 is added to the Health and Safety Code, line 7 to read:
line 8 120440. (a)  For the purposes of this c hapter, the following line 9 definitions shall apply:
line 10 (1)  “Health care provider” means any person licensed pursuant line 11 to Division 2 (commencing with Section 500) of the Business and line 12 Professions Code or a clinic or health facility licensed pur suant line 13 to Division 2 (commencing with Section 1200).
line 14 (2)  “Schools, childcare facilities, and family childcare homes” line 15 means those institutions referred to in subdivision (b) of Section line 16 120335, regardless of whether they directly provide immunizations line 17 to patients or clients.
line 18 (3)  “WIC service pr ovider” means any public or private line 19 nonprofit a gency contr acting with the department to pr ovide line 20 services under the California Special Supplemental Food Program line 21 for Women, Infants, and Childr en, as pr ovided for in Article 2 line 22 (commencing with Section 123275) of Chapter 1 of P art 2 of line 23 Division 106.
line 24 (4)  “Health care plan” means a health car e service plan as line 25 defined in subdivision (f) of Section 1345, a go vernment-funded line 26 program the purpose of which is paying the costs of health car e, line 27 or an insurer as described in Sections 10123.5 and 10123.55 of line 28 the Insur ance Code , r egardless of whether the plan dir ectly line 29 provides immunizations to patients or clients.
line 30 (5)  “County human services agency” means a county welfar e line 31 agency administering the California Work Opportunity and line 32 Responsibility to Kids (CalWORKs) program, pursuant to Chapter line 33 2 (commencing with Section 11200.5) of P art 3 of Division 9 of line 34 the Welfare and Institutions Code.
line 35 (6)  “Foster care agency” means any of the county and state line 36 social services a gencies pr oviding foster car e services in line 37 California.
line 38 (7)  “Tuberculosis screening” means an approved intradermal line 39 tuberculin test or any other test for tuber culosis infection that is line 40 recommended by the feder al Center s for Disease Contr ol and 97 — 10 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 Prevention and licensed by the feder al F ood and Drug line 2 Administration.
line 3 (b)  (1)  Local health officer s may oper ate immunization line 4 information systems pur suant to their authority under Section line 5 120175, in conjunction with the Immunization Branch of the State line 6 Department of Public Health. Local health officers and the State line 7 Department of Public Health may operate these systems in either line 8 or both of the following manners:
line 9 (A)  Separately within their individual jurisdictions. line 10 (B)  Jointly among more than one jurisdiction.
line 11 (2)  This subdivision does not preclude local health officers from line 12 sharing the information set forth in par agraphs (1) to (12), line 13 inclusive, of subdivision (c) with other health officer s jointly line 14 operating the system.
line 15 (c)  Notwithstanding Sections 49075 and 49076 of the Education line 16 Code, Chapter 5 (commencing with Section 10850) of P art 2 of line 17 Division 9 of the Welfare and Institutions Code , or any other line 18 provision of law, unless a refusal to permit recordsharing is made line 19 pursuant to subdivision (e), health car e pr oviders, and other line 20 agencies, including, but not limited to, schools, childcare facilities, line 21 service providers for the California Special Supplemental F ood line 22 Program for Women, Infants, and Childr en (WIC), health car e line 23 plans, foster care agencies, and county human services agencies, line 24 shall disclose the information set forth in paragraphs (1) to (12), line 25 inclusive, from the patient’s medical record, or the client’s record, line 26 to local health departments oper ating countywide or r egional line 27 immunization information and r eminder systems and the State line 28 Department of Public Health. Local health departments and the line 29 State Department of Public Health may disclose the information line 30 set forth in par agraphs (1) to (12), inclusive , to each other and, line 31 upon a request for information pertaining to a specific person, to line 32 health care providers taking care of the patient and to the Medical line 33 Board of California and the Osteopathic Medical Boar d of line 34 California. Local health departments and the State Department line 35 of Public Health may disclose the information in par agraphs (1) line 36 to (7), inclusive, and paragraphs (9) to (12), inclusive, to schools, line 37 childcare facilities, county human services a gencies, and family line 38 childcare homes to whic h the per son is being admitted or in line 39 attendance, foster car e a gencies in assessing and pr oviding line 40 medical care for children in foster care, and WIC service providers 97 AB 1797 — 11 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 providing services to the person, health care plans arranging for line 2 immunization services for the patient, and county human services line 3 agencies assessing immunization histories of dependents of line 4 CalWORKs participants, upon request for information pertaining line 5 to a specific per son. Determination of benefits based upon line 6 immunization of a dependent CalWORKs participant shall be made line 7 pursuant to Section 11265.8 of the Welfare and Institutions Code. line 8 The following information shall be subject to this subdivision:
line 9 (1)  The name of the patient or client and names of the par ents line 10 or guardians of the patient or client.
line 11 (2)  Date of birth of the patient or client.
line 12 (3)  Types and dates of immunizations r eceived by the patient line 13 or client.
line 14 (4)  Manufacturer and lot number for eac h immunization line 15 received.
line 16 (5)  Adverse reaction to immunizations received. line 17 (6)  Other nonmedical information necessary to establish the line 18 patient’s or client’s unique identity and record. line 19 (7)  Results of tuberculosis screening.
line 20 (8)  Current address and telephone number of the patient or line 21 client and the parents or guardians of the patient or client. line 22 (9)  Patient’s or client’s gender.
line 23 (10)  Patient’s or client’s place of birth.
line 24 (11)  Patient’s or client’s race or ethnicity.
line 25 (12)  Patient’s or client’ s information needed to comply with line 26 Chapter 1 (commencing with Section 120325), b ut e xcluding line 27 Section 120380.
line 28 (d)  (1)  Health care providers, local health departments, and line 29 the State Department of Public Health shall maintain the line 30 confidentiality of information listed in subdivision (c) in the same line 31 manner as other medical r ecord information with patient line 32 identification that they possess. These providers, departments, and line 33 contracting a gencies ar e subject to civil action and criminal line 34 penalties for the wrongful disclosure of the information listed in line 35 subdivision (c), in accor dance with e xisting law. They shall use line 36 the information listed in subdivision (c) only for the following line 37 purposes:
line 38 (A)  To provide immunization services to the patient or client, line 39 including issuing reminder notifications to patients or clients or line 40 their parents or guardians when immunizations are due. 97 — 12 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 (B)  To pr ovide or facilitate pr ovision of thir d-party payer line 2 payments for immunizations.
line 3 (C)  To compile and disseminate statistical information of line 4 immunization status on groups of patients or clients or populations line 5 in California, without identifying information for these patients line 6 or clients included in these groups or populations. line 7 (D)  In the case of health care providers only, as authorized by line 8 Part 2.6 (commencing with Section 56) of Division 1 of the Civil line 9 Code.
line 10 (2)  Schools, childcare facilities, family c hildcare homes, WIC line 11 service providers, foster car e a gencies, county human services line 12 agencies, and health care plans shall maintain the confidentiality line 13 of information listed in subdivision (c) in the same manner as other line 14 client, patient, and pupil information that the y possess. These line 15 institutions and providers are subject to civil action and criminal line 16 penalties for the wrongful disclosure of the information listed in line 17 subdivision (c), in accor dance with e xisting law. They shall use line 18 the information listed in subdivision (c) only for those purposes line 19 provided in subparagraphs (A) to (D), inclusive, of paragraph (1) line 20 and as follows:
line 21 (A)  In the case of schools, childcare facilities, family childcare line 22 homes, and county human services a gencies, to carry out their line 23 responsibilities regarding required immunization for attendance line 24 or participation benefits, or both, as described in Chapter 1 line 25 (commencing with Section 120325), and in Section 11265.8 of the line 26 Welfare and Institutions Code.
line 27 (B)  In the case of WIC service pr oviders, to perform line 28 immunization status assessments of clients and to refer those clients line 29 found to be due or o verdue for immunizations to health car e line 30 providers.
line 31 (C)  In the case of health car e plans, to facilitate payments to line 32 health care providers, to assess the immunization status of their line 33 clients, and to tabulate statistical information on the immunization line 34 status of groups of patients, without including patient-identifying line 35 information in these tabulations.
line 36 (D)  In the case of foster care agencies, to perform immunization line 37 status assessments of foster c hildren and to assist those foster line 38 children found to be due or overdue for immunization in obtaining line 39 immunizations from health care providers.
97 AB 1797 — 13 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 (e)  A patient or a patient’ s parent or guar dian may r efuse to line 2 permit r ecordsharing. The health car e pr ovider administering line 3 immunization and any other a gency possessing any patient or line 4 client information listed in subdivision (c), if planning to provide line 5 patient or client information to an immunization system, as line 6 described in subdivision (b), shall inform the patient or client, or line 7 the parent or guardian of the patient or client, of the following:
line 8 (1)  The information listed in subdivision (c) shall be shar ed line 9 with local health departments and the State Department of Public line 10 Health. The health car e provider or other a gency shall pr ovide line 11 the name and addr ess of the State Department of Public Health line 12 or of the immunization r egistry with which the provider or other line 13 agency will share the information.
line 14 (2)  Any of the information shared with local health departments line 15 and the State Department of Public Health shall be tr eated as line 16 confidential medical information and shall be used only to shar e line 17 with each other, and, upon r equest, with health car e providers, line 18 schools, childcare facilities, family childcare homes, WIC service line 19 providers, county human services agencies, foster care agencies, line 20 and health care plans. These providers, agencies, and institutions line 21 shall, in turn, tr eat the shar ed information as confidential, and line 22 shall use it only as described in subdivision (d). line 23 (3)  The patient or client, or par ent or guardian of the patient line 24 or client, has the right to e xamine any immunization-r elated line 25 information or tuberculosis screening results shared pursuant to line 26 this section and to correct any errors in it.
line 27 (4)  The patient or client, or the parent or guardian of the patient line 28 or client, may r efuse to allow this information to be shar ed line 29 pursuant to this section or to r eceive immunization r eminder line 30 notifications at any time , or both. After refusal, the patient’ s or line 31 client’s physician may maintain access to this information for the line 32 purposes of patient car e or pr otecting the public health. After line 33 refusal, the local health department and the State Department of line 34 Public Health may maintain access to this information for the line 35 purpose of pr otecting the public health pur suant to Sections line 36 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, line 37 inclusive, of Title 17 of the California Code of Regulations. line 38 (f)  (1)  The health care provider administering the immunization line 39 or tuberculosis screening and any other a gency possessing any line 40 patient or client information listed in subdivision (c), may inform 97 — 14 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 the patient or client, or the par ent or guardian of the patient or line 2 client, by ordinary mail, of the information in par agraphs (1) to line 3 (4), inclusive , of subdivision (e). The mailing shall include a line 4 reasonable means for r efusal, such as a r eturn form or contact line 5 telephone number.
line 6 (2)  The information in par agraphs (1) to (4), inclusive , of line 7 subdivision (e) may also be pr esented to the par ent or guardian line 8 of the patient or client during any hospitalization of the patient or line 9 client.
line 10 (g)  If the patient or client, or parent or guardian of the patient line 11 or client, refuses to allow the information to be shared, pursuant line 12 to paragraph (4) of subdivision (e), the health car e provider or line 13 other a gency may not shar e this information in the manner line 14 described in subdivision (c), except as provided in subparagraph line 15 (D) of paragraph (1) of subdivision (d).
line 16 (h)  (1)  Upon request of the patient or client, or the par ent or line 17 guardian of the patient or client, in writing or by other means line 18 acceptable to the recipient, a local health department or the State line 19 Department of Public Health that has received information about line 20 a person pursuant to subdivision (c) shall do all of the following:
line 21 (A)  Provide the name and address of other persons or agencies line 22 with whom the recipient has shared the information. line 23 (B)  Stop sharing the information in its possession after the date line 24 of the receipt of the request.
line 25 (2)  After refusal, the patient’s or client’s physician may maintain line 26 access to this information for the purposes of patient car e or line 27 protecting the public health. After r efusal, the local health line 28 department and the State Department of Public Health may line 29 maintain access to this information for the purpose of pr otecting line 30 the public health pur suant to Sections 100325, 120140, and line 31 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 line 32 of the California Code of Regulations.
line 33 (i)  Upon notification, in writing or by other means acceptable line 34 to the r ecipient, of an err or in the information, a local health line 35 department or the State Department of Public Health that has line 36 information about a per son pur suant to subdivision (c) shall line 37 correct the error. If the recipient is aware of a disagreement about line 38 whether an error exists, information to that effect may be included. line 39 (j)  (1)  Any party authorized to mak e medical decisions for a line 40 patient or client, including, but not limited to, those authorized by 97 AB 1797 — 15 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section line 2 6550), Chapter 2 (commencing with Section 6910) of P art 4, or line 3 Chapter 1 (commencing with Section 7000) of Part 6, of Division line 4 11 of, the Family Code, Section 1530.6 of the Health and Safety line 5 Code, or Sections 727 and 1755.3 of, and Article 6 (commencing line 6 with Section 300) of Chapter 2 of P art 1 of Division 2 of , the line 7 Welfare and Institutions Code, may permit sharing of the patient’s line 8 or client’s record with any of the immunization information systems line 9 authorized by this section.
line 10 (2)  For a patient or client who is a dependent of a juvenile court, line 11 the court or a person or agency designated by the court may permit line 12 this recordsharing.
line 13 (3)  For a patient or client r eceiving foster car e, a per son or line 14 persons licensed to provide residential foster care, or having legal line 15 custody, may permit this recordsharing.
line 16 (k)  For purposes of supporting immunization information line 17 systems, the State Department of Public Health shall assist the line 18 Immunization Branch of the State Department of Public Health in line 19 both of the following:
line 20 (1)  Providing department records containing information about line 21 publicly funded immunizations.
line 22 (2)  Supporting ef forts for the r eporting of publicly funded line 23 immunizations into immunization information systems by health line 24 care providers and health care plans.
line 25 (l)  Subject to any other pr ovisions of state and feder al law or line 26 regulation that limit the disclosur e of health information and line 27 protect the privacy and confidentiality of per sonal information, line 28 local health departments and the State Department of Public line 29 Health may share the information listed in subdivision (c) with a line 30 state, local health departments, health car e pr oviders, line 31 immunization information systems, or any r epresentative of an line 32 entity designated by federal or state law or r egulation to receive line 33 this information. The State Department of Public Health may enter line 34 into written a greements to e xchange confidential immunization line 35 information with other states for the purposes of patient car e, line 36 protecting the public health, entr ance into school, childcare and line 37 other institutions requiring immunization prior to entry , and the line 38 other purposes described in subdivision (d). The written agreement line 39 shall provide that the state that receives confidential immunization line 40 information must maintain its confidentiality and may only use it 97 — 16 — AB 1797

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY) line 1 for purposes of patient care, protecting the public health, entrance line 2 into school, childcare and other institutions requiring immunization line 3 prior to entry , and the other purposes described in subdivision line 4 (d). Information shall not be shar ed pursuant to this subdivision line 5 if a patient or client, or parent or guardian of a patient or client, line 6 refuses to allow the sharing of immunization information pursuant line 7 to subdivision (e).
line 8 (m)  This section shall become operative on January 1, 2026. line 9 SEC. 2.
line 10 SEC. 3. If the Commission on State Mandates determines that line 11 this act contains costs mandated by the state, reimb ursement to line 12 local agencies and school districts for those costs shall be made line 13 pursuant to Part 7 (commencing with Section 17500) of Division line 14 4 of Title 2 of the Government Code.

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97 AB 1797 — 17 —

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Communication: Assembly Bill 1797 - Bill Text (ITEM 1 ASSEMBLY BILL 1797: IMMUNIZATION REGISTRY)

Legislative Committee – May 16, 2022

Assembly Bill 2142 – Income Taxes: Exclusion: Turf Replacement Water Conservation Program
1 Recommendation

Legislative Committee recommend support of Assembly Bill 2142.

Summary

Authored by Assembly Member Jesse Gabriel (D-45-Encino), Assembly Bill 2142 reinstates a personal income tax exclusion for amounts received as a rebate, voucher, or other financial incentive issued by a local water agency, local government, or state agency for participation in a turf removal water conservation program. If passed, this tax exemption would sunset on January 1, 2027.

The Santa Clarita Valley Water Agency (SCVWA) offers residents and businesses a turf replacement rebate of $3 per square foot. Additionally, SCVWA Board of Directors adopted a support position on Assembly Bill 2142.

Background

State law previously exempted turf rebates from taxable income, but those provisions were allowed to sunset on January 1, 2019.

Additionally, existing Federal and State law excludes from gross income any subsidy provided by a public utility for the purchase or installation of any "energy conservation measure." An "energy conservation measure", in turn, is defined as any installation or modification primarily designed to reduce the consumption of electricity or natural gas or to improve the management of energy demand in a dwelling unit, as specified.

Moreover, existing State law also provides an exclusion for any rebate, voucher, or other financial incentive issued by the California Energy Commission, the Public Utility Commission, or a local publicly owned electric utility for an expense incurred by a taxpayer to purchase or install a specified thermal system, solar system, wind energy system, or a fuel cell generating system.

According to the National Integrated Drought Information System, 100 percent of the State is currently experiencing at least moderate drought conditions and 87 percent of the State, in turn, is in severe drought, which is marked by inadequate grazing lands, a longer fire season, and increased wildlife disease. These conditions led to Governor Newsom issuing a proclamation on Packet Pg. 23
Communication: Assembly Bill 2142 - Staff Report (ITEM 2 ASSEMBLY BILL 2142: INCOME TAXES: EXCLUSION: TURF REPLACEMENT 2 October 19, 2021, extending the statewide drought emergency and calling on Californians to step up their water conservation efforts. However, on March 15, 2022, CalMatters reported that Californians actually used 2.6 percent more water in January 2022 compared to before the drought emergency declaration.

The recommendation to support Assembly Bill 2142 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 48 under the “State” section advises that the City Council, “Monitor and influence legislation or other actions related to the reasonable management of water, consistent with being good water stewards, and oppose policies that outright prohibit local water accessibility.”

Supporters

League of California Cities
Santa Clarita Valley Water Agency
City of Roseville
City of Santa Barbara
City of Santa Rosa
City of Shasta Lake
California Association of Sanitation Agencies

Opponents

None on File

Bill Status

Assembly Bill 2142 passed the Assembly Committee on Revenue and Taxation (11-0) on May 5, 2022, and referred to the Assembly Committee on Appropriations. The bill is pending a hearing in the Assembly Committee on Appropriations.

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Communication: Assembly Bill 2142 - Staff Report (ITEM 2 ASSEMBLY BILL 2142: INCOME TAXES: EXCLUSION: TURF REPLACEMENT AMENDED IN ASSEMBLY APRIL 6, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2142
Introduced by Assembly Member Gabriel
February 15, 2022
An act to add and repeal Sections 17138.2 and 24308.9 of the Revenue and Taxation Code, relating to taxation, to tak e ef fect immediately, tax levy.
legislative counsel’s digest
AB 2142, as amended, Gabriel. Income tax es: e xclusion: turf replacement water conservation program.

The Personal Income Tax La w and the Corporation Tax La w, in conformity with federal income tax la w, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Existing law provides an exclusion from gross income for any amount received as a rebate or voucher from a local water or energy agency or supplier for the purchase or installation of a w ater conservation water closet, energy efficient clothes washers, and plumbing devices, as specified.

This bill w ould, for taxable years be ginning on or after January 1, 2022, and before January 1, 2027, under both of these laws, provide an exclusion from gross income for an y amount recei ved as a rebate, voucher, or other financial incentive issued by a local water agency or supplier public water system, as defined, local go vernment, or state agency for participation in a turf replacement w ater conserv ation program.

Existing law requires any bill authorizing a ne w tax expenditure to contain, among other things, specific goals, purposes, and objecti ves

98 Packet Pg. 25
Communication: Assembly Bill 2142 - Bill Text (ITEM 2 ASSEMBLY BILL 2142: INCOME TAXES: EXCLUSION: TURF REPLACEMENT WATER that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. Existing law limits the collection and use of taxpayer information and mak es any unauthorized use of this information a misdemeanor.

This bill would include additional information required for any bill authorizing a new tax expenditure, and would require the Department of Finance to include an analysis of these expenditures in its annual tax expenditure report provided to the Legislature and further provides that taxpayer information collected pursuant to this requirement is subject to the limitation on the collection and use of that information. By expanding the scope of a crime, this bill would impose a state-mandated local program. Legislature.

The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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.

This bill would take effect immediately as a tax levy.

Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 17138.2 is added to the Revenue and line 2 Taxation Code, to read:
line 3 17138.2. (a)  For taxable years beginning on or after January line 4 1, 2022, and before January 1, 2027, gross income does not include line 5 any amount recei ved as a rebate, v oucher, or other financial line 6 incentive issued by a local water agency or supplier public water line 7 system, local go vernment, or state a gency for participation in a line 8 turf replacement water conservation program.
line 9 (b)  For the purposes of this section, “public water system” shall line 10 have the same meaning as in Section 116275 of the Health and line 11 Safety Code.
line 12 (b)
98 — 2 — AB 2142

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Communication: Assembly Bill 2142 - Bill Text (ITEM 2 ASSEMBLY BILL 2142: INCOME TAXES: EXCLUSION: TURF REPLACEMENT WATER line 1 (c)  This section shall remain in ef fect only until December 1, line 2 2027, and as of that date is repealed.
line 3 SEC. 2. Section 24308.9 is added to the Revenue and Taxation line 4 Code, to read:
line 5 24308.9. (a)  For taxable years beginning on or after January line 6 1, 2022, and before January 1, 2027, gross income does not include line 7 any amount recei ved as a rebate, v oucher, or other financial line 8 incentive issued by a local water agency or supplier public water line 9 system, local go vernment, or state a gency for participation in a line 10 turf replacement water conservation program.
line 11 (b)  For the purposes of this section, “public water system” shall line 12 have the same meaning as in Section 116275 of the Health and line 13 Safety Code.
line 14 (b)
line 15 (c)  This section shall remain in ef fect only until December 1, line 16 2027, and as of that date is repealed.
line 17 SEC. 3. (a)  The For the purpose of complying with Section line 18 41 of the Re venue and Taxation Code, with r espect to Sections line 19 17138.2 and 24308.9 of the Revenue and Taxation Code, as added line 20 by this act, the Legislature finds and declares all of the following:
line 21 (a)  The specific goals, purposes, and objectives that the line 22 exclusion will achieve are as follows:
line 23 (1)  Utility-sponsored Public water system financial incentives, line 24 including consumer rebates, are among the most important and line 25 cost-effective tools a vailable to local w ater providers to achie ve line 26 water use efficiency objectives, particularly for turf replacement, line 27 irrigation controllers, leak detection devices, and other high-cost line 28 water sa ving options. Local public utilities are using incenti ve line 29 programs to encourage local property o wners to manage storm line 30 water onsite, thus reducing urban flooding, impro ving w ater line 31 quality, and increasing water supplies.
line 32 (2)  Rebates, vouchers, or other financial incenti ves issued by line 33 local water agencies or suppliers public water systems have been line 34 an effective tool in adv ancing efficiency and water management line 35 objectives state wide, and indi vidual consumers and b usinesses line 36 should not be taxed for providing this statewide benefit. line 37 (3)  Financial incenti ves issued by a local w ater agenc y or line 38 supplier public water systems as part of a w ater conservation or line 39 efficiency program, the primary purpose of which is to reduce line 40 consumption of w ater or to impro ve the management of w ater 98 AB 2142 — 3 —

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Communication: Assembly Bill 2142 - Bill Text (ITEM 2 ASSEMBLY BILL 2142: INCOME TAXES: EXCLUSION: TURF REPLACEMENT WATER line 1 demand, provide a significant public benefit. Financial incentives line 2 issued by a local water agency or supplier as part of a water runoff line 3 management improvement program, the primary purpose of which line 4 is to reduce the amount or manage the quality of storm w ater line 5 runoff, provide a significant public benefit.
line 6 (4)  The income tax exclusions allowed by Sections 17138.2 and line 7 24308.9 of the Revenue and Taxation Code, as added by this act, line 8 have the objective of eliminating disincentives to participation in line 9 water conserv ation or efficienc y and storm w ater runof f line 10 management improvement programs aimed at increasing w ater line 11 conservation or efficienc y or impro ving storm w ater quality in line 12 California.
line 13 (b)  (1)  To enable the Legislature to determine whether the tax line 14 expenditures allowed by this act are meeting, f ailing to meet, or line 15 exceeding the objective of the act, the Department of Finance shall line 16 include an analysis of these tax expenditures in the annual report line 17 required pursuant to Section 13305 of the Government Code. line 18 (2)  Taxpayer information collected pursuant to this subdivision line 19 is subject to Section 19542 of the Revenue and Taxation Code. line 20 (2)  The disclosure provisions of this paragraph shall be treated line 21 as an e xception to Section 19542 under Article 2 (commencing line 22 with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the line 23 Revenue and Taxation Code.
line 24 SEC. 4. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 the only costs that may be incurred by a local agenc y or school line 27 district will be incurred because this act creates a ne w crime or line 28 infraction, eliminates a crime or infraction, or changes the penalty line 29 for a crime or infraction, within the meaning of Section 17556 of line 30 the Government Code, or changes the definition of a crime within line 31 the meaning of Section 6 of Article XIII B of the California line 32 Constitution.
line 33 SEC. 5.
line 34 SEC. 4. This act provides for a tax levy within the meaning of line 35 Article IV of the California Constitution and shall go into line 36 immediate effect.

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98 — 4 — AB 2142

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Communication: Assembly Bill 2142 - Bill Text (ITEM 2 ASSEMBLY BILL 2142: INCOME TAXES: EXCLUSION: TURF REPLACEMENT WATER

Legislative Committee – May 16, 2022

Assembly Bill 2295 – Local Educational Agencies: Housing Development Projects
1 Recommendation

Legislative Committee recommend to oppose Assembly Bill 2295.

Summary

Authored by Assembly Member Richard Bloom (D-50-Santa Monica), Assembly Bill 2295 requires local governments to approve a residential development on property owned by a local education agency, preempting local zoning, if the following specific criteria is met:

• The housing development consists of at least 10 housing units;

• The housing development shall have a recorded deed restriction that ensures, for a period of at least 55 years, that the majority of the units of the housing development shall be set at an affordable rent to lower-income or moderate-income households. However, at least 30 percent of the units shall be affordable to lower-income households;

• 100 percent of the units of the housing development shall be rented by local educational agency employees, local public employees, and general members of the public pursuant to the following procedures. However, priority is to go to a local education agency’s employees;

• The residential density for the housing development, as measured on the development footprint, shall be at least 30 units per acre;

• The height limit for the housing development shall be no less than 30 feet; and

• The property is adjacent to a property that permits residential uses.

Background

There are over 1,000 local education agencies (LEA) in the State, which includes school districts, county offices of education, and charter schools. Collectively, they own more than 150,000 acres of land. Furthermore, of land owned by LEAs, it is estimated that there are 7,068 properties with potentially developable land of one acre or more, totaling 75,000 acres statewide.

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Communication: Assembly Bill 2295 - Staff Report (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING 2 Schools in the City are located in the City’s Public/Institutional (PI) Zone. Although the PI Zone permits a dwelling, it does not include specifications for a residential multifamily subdivision, as outlined in this legislation, and therefore a proposed multifamily project within a PI Zone would require a zone change to be considered for development purposes.

In addition to LEA property within the City’s PI zone, some LEAs also own property outside of the PI Zone. Proposed projects by an LEA for these properties would be reviewed consistent with the City’s standards included in the Municipal Code.

The recommendation to oppose Assembly Bill 2295 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

cityLAB-UCLA (Sponsor)
Los Angeles Unified School District
San Francisco Bay Area Planning and Urban Research Association

Opponents

California State Pipe Trades Council (prior version)
Coalition of California Utility Employees (prior version) State Building & Construction Trades Council of California (prior version)

Bill Status

Assembly Bill 2142 passed three committees, the Assembly Committee on Housing and Community Development (6-1-1) on April 20, 2022, Assembly Committee on Local Government (6-1-1) on April 27, 2022, and Assembly Committee on Appropriations (12-4) on May 11, 2022. Assembly Member Tom Lackey (R-36-Palmdale) voted in opposition of this bill as a member of the Assembly Committee on Local Government.

The bill is pending a Second Reading on the Assembly Floor.

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Communication: Assembly Bill 2295 - Staff Report (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING AMENDED IN ASSEMBLY MAY 2, 2022
AMENDED IN ASSEMBLY APRIL 21, 2022
AMENDED IN ASSEMBLY MARCH 29, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2295
Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Robert Rivas)
February 16, 2022
An act to add and repeal Section 65914.7 to of the Government Code, relating to housing.
legislative counsel’s digest
AB 2295, as amended, Bloom. Local educational agencies: housing development projects.
(1)  Existing la w, the Planning and Zoning La w, requires that the legislative body of each county and each city adopt a comprehensi ve, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law authorizes the le gislative body of an y county or city , pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of b uildings, structures, and land as between industry , business, residences, open space, and other purposes. Existing la w generally requires each local agenc y to comply with all applicable b uilding ordinances and zoning ordinances of the county or city in which the territory of the local agenc y is situated, b ut, among other things, authorizes the governing board of a school district that has complied with specified la w, by a 2⁄3 vote of its members, to render a city or

96 Packet Pg. 31
Communication: Assembly Bill 2295 - Bill Text (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING DEVELOPMENT county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.

This bill w ould deem a housing de velopment project an allo wable use on an y real property o wned by a local educational agenc y, as defined, if the housing de velopment satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing de velopment that meets these requirements consistent, compliant, and in conformity with local de velopment standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agenc y and an y other party , subject to specified requirements. The bill w ould exempt a housing de velopment project subject to these pro visions from v arious requirements re garding the disposal of surplus land. The bill would repeal its provisions on January 1, 2033.
(2)  The bill w ould include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3)  By adding to the duties of local planning officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65914.7 is added to the Government line 2 Code, to read:
line 3 65914.7. (a)  Notwithstanding any law, a housing development line 4 project shall be deemed an allo wable use on an y real property line 5 owned by a local educational agency if the housing development line 6 satisfies all of the following:
96 — 2 — AB 2295

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Communication: Assembly Bill 2295 - Bill Text (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING DEVELOPMENT line 1 (1)  The housing de velopment consists of at least 10 housing line 2 units.
line 3 (2)  The housing de velopment shall ha ve a recorded deed line 4 restriction that ensures, for a period of at least 55 years, that the line 5 majority of the units of the housing development shall be set at an line 6 affordable rent to lower income or moderate-income households. line 7 However, at least 30 percent of the units shall be af fordable to line 8 lower income households.
line 9 (3)  One hundred percent of the units of the housing development line 10 shall be rented by local educational agency employees, local public line 11 employees, and general members of the public pursuant to the line 12 following procedures:
line 13 (A)  A local educational agency shall first offer the units to the line 14 agency’s local educational agency employees.
line 15 (B)  If the local educational agenc y recei ves an insufficient line 16 number of local educational agenc y employees to apply for and line 17 occupy the units, the unoccupied units may be of fered to local line 18 public emplo yees who w ork for a local agenc y within the line 19 jurisdiction of the local educational agency.
line 20 (C)  If the local agency receives an insufficient number of local line 21 public employees to apply for and occupy the units, the unoccupied line 22 units may be offered to general members of the public. line 23 (D)  When units in the housing development become unoccupied line 24 and available for rent, a local educational agenc y shall first offer line 25 the units to the agency’s local educational agency employees. line 26 (4)  The residential density for the housing de velopment, as line 27 measured on the development footprint, shall be the greater of the line 28 following:
line 29 (A)  The residential density allowed on the parcel by the city or line 30 county, as applicable.
line 31 (B)  The applicable density deemed appropriate to accommodate line 32 housing for lo wer income households in that jurisdiction, as line 33 specified in paragraph (3) of subdivision (c) of Section 65583.2. line 34 (5)  The height limit for the housing de velopment shall be the line 35 greater of the following:
line 36 (A)  The height limit allowed on the parcel by the city or county, line 37 as applicable.
line 38 (B)  Thirty feet.
line 39 (6)  The property is adjacent to a property that permits residential line 40 uses.
96 AB 2295 — 3 —

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Communication: Assembly Bill 2295 - Bill Text (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING DEVELOPMENT line 1 (7)  (A)  The housing de velopment shall satisfy other local line 2 objective zoning standards, objecti ve subdivision standards, and line 3 objective design review standards that do not preclude the housing line 4 development from achie ving the residential density permitted line 5 pursuant to paragraph (4) or the height permitted pursuant to line 6 paragraph (5).
line 7 (B)  For purposes of this section, the terms “objecti ve zoning line 8 standards,” “objecti ve subdi vision standards, ” and “objecti ve line 9 design review standards” mean standards that involve no personal line 10 or subjecti ve judgment by a public official and are uniformly line 11 verifiable by reference to an e xternal and uniform benchmark or line 12 criterion available and knowable by both the development applicant line 13 or proponent and the public official prior to submittal. These line 14 standards may be embodied in alternati ve objecti ve land use line 15 specifications adopted by the city or county , as applicable, and line 16 may include, but are not limited to, housing overlay zones, specific line 17 plans, inclusionary zoning ordinances, and density bonus line 18 ordinances.
line 19 (b)  Notwithstanding other la w, a housing de velopment that line 20 meets the requirements of this section shall be deemed consistent, line 21 compliant, and in conformity with local de velopment standards, line 22 zoning codes or maps, and the general plan.
line 23 (c)  The local educational agency shall maintain ownership of a line 24 housing development that meets the requirements of this section line 25 for the length of the 55-year af fordability requirement described line 26 in paragraph (2) of subdivision (a).
line 27 (d)  Subject to the requirements of Article 8 (commencing with line 28 Section 17515) and Article 9 (commencing with Section 17527) line 29 of Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education line 30 Code, any land used for the development of a housing development line 31 that meets the requirements of this section may be jointly used or line 32 jointly occupied by the local educational agenc y and an y other line 33 party.
line 34 (e)  Any land used for the development of a housing development line 35 that meets the requirements of this section shall be e xempt from line 36 the requirements of all of the following:
line 37 (1)  Article 8 (commencing with Section 54220) of Chapter 5 line 38 of Part 1 of Division 2 of Title 5.
line 39 (2)  Article 2 (commencing with Section 17230) of Chapter 1 line 40 of Part 10.5 of Division 1 of Title 1 of the Education Code. 96 — 4 — AB 2295

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Communication: Assembly Bill 2295 - Bill Text (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING DEVELOPMENT line 1 (3)  Article 4 (commencing with Section 17455) of Chapter 4 line 2 of Part 10.5 of Division 1 of Title 1 of the Education Code. line 3 (f)  For purposes of this section, the following definitions shall line 4 apply:
line 5 (1)  “Affordable rent” has the same meaning as in Section 50053 line 6 of the Health and Safety Code.
line 7 (2)  “Development footprint” means the portion of the property line 8 that is developed for the housing development, inclusive of parking line 9 and roadways developed internal to the site to serv e the housing line 10 development, and other aboveground improvements developed to line 11 serve the housing development.
line 12 (3)  “Local agency” means a city, county, city and county, charter line 13 city, charter county , charter city and county , special district, or line 14 any combination thereof.
line 15 (4)  “Local educational agency” means a school district or county line 16 office of education.
line 17 (5)  “Local educational agency employee” has the same meaning line 18 as “teacher or school district employee,” as defined in subdivision line 19 (c) of Section 53572 of the Health and Safety Code. line 20 (6)  “Local public employee” has the same meaning as defined line 21 in subdivision (b) of Section 53572 of the Health and Safety Code. line 22 (7)  “Lower income households” has the same meaning as in line 23 Section 50079.5 of the Health and Safety Code.
line 24 (8)  “Moderate-income households” has the same meaning as line 25 in Section 50093 of the Health and Safety Code. line 26 (9)  “Real property owned by a local educational agency” means line 27 real property owned by a local education agency as of January 1, line 28 2023.
line 29 (g)  This section shall remain in effect only until January 1, 2033, line 30 and as of that date is repealed.
line 31 SEC. 2. The Legislature finds and declares that Section 1 of line 32 this act adding Section 65914.7 to the Government Code addresses line 33 a matter of statewide concern rather than a municipal affair as that line 34 term is used in Section 5 of Article XI of the California line 35 Constitution. Therefore, Section 1 of this act applies to all cities, line 36 including charter cities.
line 37 SEC. 3. No reimbursement is required by this act pursuant to line 38 Section 6 of Article XIIIB of the California Constitution because line 39 a local agency or school district has the authority to le vy service line 40 charges, fees, or assessments sufficient to pay for the program or 96 AB 2295 — 5 —

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Communication: Assembly Bill 2295 - Bill Text (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING DEVELOPMENT line 1 level of service mandated by this act, within the meaning of Section line 2 17556 of the Government Code.

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96 — 6 — AB 2295

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Communication: Assembly Bill 2295 - Bill Text (ITEM 3 ASSEMBLY BILL 2295: LOCAL EDUCATIONAL AGENCIES: HOUSING DEVELOPMENT

Legislative Committee – May 16, 2022

Senate Bill 866 – Minors: Vaccine Consent
1 Recommendation

Legislative Committee discuss and provide direction to staff.

Summary

Existing State law authorizes minors to consent to specified medical treatment without the consent of their parent or guardian as follows:

• A minor who is 15 years of age or older, living separately from their parent, and managing their own financial affairs including medical and/or dental care, may consent to medical and/or dental care;

• A minor who is 12 years of age or older may consent to mental health treatment or counseling when the mental health professional determines that the minor is mature enough to participate and that the minor poses a danger to themselves or is the victim of incest or child abuse;

• Any minor may consent to medical care related to the prevention or treatment of pregnancy, with the exception of sterilization services;

• A minor who is 12 years of age or older may consent to medical care related to the treatment or prevention of a sexually transmitted disease; and

• A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol related problem.

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 866 allows minors aged 12 and older to receive a vaccination that has been approved by the Food and Drug Administration (FDA) without the consent of their parent or guardian.

Supporters

GENup (co-source)
ProtectUS (co-source)
Teens for Vaccines (co-source)
American Academy of Pediatrics, California
California Medical Association
Packet Pg. 37
Communication: Senate Bill 866 - Staff Report (ITEM 4 SENATE BILL 866: MINORS: VACCINE CONSENT) 2 California School Nurses Association

Opponents

City of Bakersfield
County of Inyo
County of Tulare
Clovis Unified School District
Capistrano Unified School District
Western Placer Unified School District

Bill Status

Senate Bill 866 passed the Senate Judiciary Committee (7-0-4) on May 5, 2022. Senator Henry Stern (D-27-Calabasas) did not record a vote as a member of the Senate Judiciary Committee.

Senate Bill 866 is pending a third Reading on the Senate Floor.

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Communication: Senate Bill 866 - Staff Report (ITEM 4 SENATE BILL 866: MINORS: VACCINE CONSENT) AMENDED IN SENATE MARCH 9, 2022
SENATE BILL No. 866
Introduced by Senators Wiener and Pan
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Newman)
(Coauthors: Assembly Members Aguiar-Curry, Friedman, Low, Ting, and Akilah Weber)
January 20, 2022
An act to add Section 6931 to the Family Code, relating to minors. legislative counsel’s digest
SB 866, as amended, Wiener. Minors: vaccine consent.

Existing law prescribes various circumstances under which a minor may consent to their medical care and treatment without the consent of a parent or guardian. These circumstances include, among others, authorizing a minor 12 years of age or older who may have come into contact with an infectious, contagious, or communicable disease to consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by la w or regulation to be reported to the local health officer , or is a related sexually transmitted disease, as may be determined by the State Public Health Officer.

This bill would additionally authorize a minor 12 years of age or older to consent to vaccines that meet specified federal agency criteria. The bill w ould authorize a v accine provider, as defined, to administer a vaccine pursuant to the bill, but would not authorize the vaccine provider to provide any service that is otherwise outside the vaccine provider’s scope of practice.

98 Packet Pg. 39
Communication: Senate Bill 866 - Bill Text (ITEM 4 SENATE BILL 866: MINORS: VACCINE CONSENT) Vote: majority. Appropriation: no. Fiscal committee: no.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 6931 is added to the Family Code, to line 2 read:
line 3 6931. (a)  A minor 12 years of age or older may consent to a line 4 vaccine that is appro ved by the United States F ood and Drug line 5 Administration and meets the recommendations of the Advisory line 6 Committee on Immunization Practices (A CIP) of the federal line 7 Centers for Disease Control and Pre vention (ACIP) without the line 8 consent of the parent or guardian of the minor.
line 9 (b)  An authorized vaccine provider may administer a v accine line 10 pursuant to subdi vision (a). F or purposes of this section, line 11 “authorized vaccine provider” means a person licensed pursuant line 12 to Division 2 (commencing with Section 500) of the Business and line 13 Professions Code or a clinic or health facility licensed pursuant to line 14 Division 2 (commencing with Section 1200 of the Health and line 15 Safety Code), or any other provider authorized by the state. line 16 (c)  This section does not authorize a vaccine provider to provide line 17 any a service that is otherwise outside the vaccine provider’s scope line 18 of practice.

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98 — 2 — SB 866

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Communication: Senate Bill 866 - Bill Text (ITEM 4 SENATE BILL 866: MINORS: VACCINE CONSENT)

Legislative Committee – May 16, 2022

Senate Bill 1186 – Medicinal Cannabis Patients’ Right of Access Act 1 Recommendation

Legislative Committee recommend to “oppose” Senate Bill 1186.

Summary

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 1186 restricts a local government from adopting or enforcing any regulation that prohibits the retail sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers.

Additionally, this legislation restricts a local government from adopting or enforcing any regulation that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:

• The number of medicinal cannabis businesses authorized to operate in the local jurisdiction;
• The operating hours of medicinal cannabis businesses; • The number or frequency of sales by delivery of medicinal cannabis; • The types or quantities of medicinal cannabis authorized to be sold by delivery; and • The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted.

Moreover, Senate Bill 1186 waives environmental review, consistent with the California Environmental Quality Act (CEQA), of the repeal of local ordinances prohibiting the operation of medicinal cannabis businesses and the adoption of any local ordinance, regulation, or rule providing for discretionary review and approval of any local permits, licenses, or other local authorizations to engage in retail sales by delivery of medicinal cannabis.

This legislation would go into effect on January 1, 2024.

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Communication: Senate Bill 1186 - Staff Report (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) 2 Background

The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Current state regulations on adult-use cannabis activities, including retail commercial cannabis activities, does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate or prohibit commercial cannabis businesses within that local jurisdiction. AUMA authorizes the Legislature to amend its provisions with a two-thirds vote of both houses to further its purposes and intent.

The Legislature subsequently amended Proposition 64 to clarify certain provisions of Proposition 64 and established a single regulatory scheme for both medical and recreational cannabis activity and commerce (SB 94, Committee on Budget and Fiscal Review, 2017 and AB 133, Committee on Budget, 2017). This unified framework was renamed the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and is the current regulatory structure for both medicinal and adult-use cannabis.

MAUCRSA grants local governments wide latitude to regulate commercial cannabis activity within their jurisdictions. Specifically, MAUCRSA:

• Allows cities and counties to regulate or entirely prohibit commercial cannabis activity within their boundaries;
• Prohibits state licensing authorities from approving an application for a license if the application would violate a local ordinance, and allows local governments to review applications for state licenses and to deny those applications if they are in conflict with local laws; and
• States that its provisions shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate cannabis businesses, including local zoning and land use ordinances and business license requirements, or limit any law enforcement or local permitting activities.

MAUCRSA prohibits a city or county from preventing delivery of cannabis or cannabis products on public roads by a licensee that complies with state laws, as well as local laws that are authorized under MAUCRSA. However, local governments are not required to allow sales by delivery to addresses within their jurisdiction.

Specifically, in 2019, the Bureau of Cannabis Control (BCC) promulgated CCR § 15416(d), which allows a delivery employee to deliver to any jurisdiction within the State of California, provided that such delivery is conducted in compliance with all other applicable regulations. The County of Santa Cruz and 24 cities sued BCC. The local governments claimed the regulation directly conflicts with the local control provisions of MAUCRSA. In 2020, the Fresno County Superior Court dismissed the case, finding that it did not need to adjudicate the issue because the regulations do not in fact preempt local ordinances from banning delivery or preclude them from Packet Pg. 42
Communication: Senate Bill 1186 - Staff Report (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) 3 enforcing such ordinances, affirming the local right to ban cannabis delivery activities (County of Santa Cruz v. Bureau of Cannabis Control, 2020, Case No. 19CECG01224).

The recommendation to oppose Senate Bill 1186 is consistent with the City of Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 6 under the “State” section advises that the City Council, “Oppose legislation or regulatory action that seeks to limit or eliminate municipal authority to regulate or ban commercial growing, processing, licensing, sale, or transport of cannabis or cannabis products for recreational or medical use.”

Supporters

California Cannabis Industry Association (Sponsor)
Americans for Safe Access
San Francisco Aids Foundation

Opponents

League of California Cities
California Contract Cities Association
City of Bellflower
City of Beverly Hills
City of Lakewood
City of Menifee

Bill Status

Senate Bill 1186 passed two policy committees, the Senate Business, Professions, and Economic Development Committee (8-4-2) on April 4, 2022, and the Senate Governance and Finance Committee (4-1) on April 20, 2022. Senate Bill 1186 is set for a hearing in the Senate Appropriations Committee on May 16, 2022.

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Communication: Senate Bill 1186 - Staff Report (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) AMENDED IN SENATE APRIL 25, 2022
AMENDED IN SENATE MARCH 29, 2022
AMENDED IN SENATE MARCH 10, 2022
SENATE BILL No. 1186
Introduced by Senator Wiener
February 17, 2022
An act to amend Section 26200 of, and to add Chapter 25 (commencing with Section 26300) to Division 10 of, the Business and Professions Code, relating to cannabis.
legislative counsel’s digest
SB 1186, as amended, Wiener. Medicinal Cannabis Patients’ Right of Access Act.

Existing la w, the Compassionate Use Act of 1996, an initiati ve measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians ha ve the right to obtain and use marijuana for medical purposes, as specified, and e xempts from state criminal liability certain patients and their primary care givers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing la w, kno wn as the Medical Marijuana Program, establishes a v oluntary re gistration program for qualified medicinal cannabis patients and their primary care givers through a state wide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.

The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiati ve measure appro ved as Proposition 64 at the November 8, 2016, state wide general election, established a

96 Packet Pg. 44
Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserv ed to a local jurisdiction specified po wers regarding commercial adult-use cannabis acti vity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. The Existing law , the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MA UCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis acti vities, including the retail sale of medicinal cannabis.

This bill w ould enact the Medicinal Cannabis P atients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing an y regulation that prohibits the sale of, or otherwise imposes unreasonable restrictions on the safe and affordable sale of, retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined. The bill would prohibit regulations that unreasonably restrict, among other things, the operating hours or the number or frequenc y of sales of medicinal cannabis businesses. This bill w ould authorize a local jurisdiction to adopt and enforce re gulations limiting the sale of medicinal cannabis to delivery only. defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand fr om medicinal cannabis patients within the local jurisdiction, as specified. The bill bill, on and after J anuary 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medical medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

Existing la w, the California En vironmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an en vironmental impact report on a project that it proposes to carry out or appro ve that may ha ve a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect.

This bill would provide that CEQA does not apply to specified actions taken by a local jurisdiction to comply with the bill’ s pro visions, jurisdiction relating to medicinal cannabis b usinesses, including the 96 — 2 — SB 1186

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) repeal of an y local re gulation prohibiting the operation of medicinal cannabis businesses.

To the e xtent this bill w ould impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimb urse 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 26200 of the Business and Professions line 2 Code is amended to read:
line 3 26200. (a)  (1)  Except as set forth in the Medicinal Cannabis line 4 Patients’ Right of Access Act (Chapter 25 (commencing with line 5 Section 26300)), this division shall not be interpreted to supersede line 6 or limit the authority of a local jurisdiction to adopt and enforce line 7 local ordinances to regulate businesses licensed under this division, line 8 including, b ut not limited to, local zoning and land use line 9 requirements, b usiness license requirements, and requirements line 10 related to reducing exposure to secondhand smoke, or to completely line 11 prohibit the establishment or operation of one or more types of line 12 businesses licensed under this division within the local jurisdiction. line 13 (2)  Except as set forth in the Medicinal Cannabis Patients’ Right line 14 of Access Act (Chapter 25 (commencing with Section 26300)), line 15 this division shall not be interpreted to supersede or limit existing line 16 local authority for law enforcement activity, enforcement of local line 17 zoning requirements or local ordinances, or enforcement of local line 18 license, permit, or other authorization requirements. line 19 (b)  This di vision shall not be interpreted to require the line 20 department to undertak e local la w enforcement responsibilities, line 21 enforce local zoning requirements, or enforce local licensing, line 22 permitting, or other authorization requirements. line 23 (c)  A local jurisdiction shall notify the department upon line 24 revocation of an y local license, permit, or authorization for a 96 SB 1186 — 3 —

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) line 1 licensee to engage in commercial cannabis activity within the local line 2 jurisdiction. Within 60 days of being so informed, the department line 3 shall begin the process to determine whether a license issued to line 4 the licensee should be suspended or revoked pursuant to Chapter line 5 3 (commencing with Section 26030).
line 6 (d)  For facilities issued a state license that are located within line 7 the incorporated area of a city, the city shall have full power and line 8 authority to enforce this division and the regulations promulgated line 9 by the department, if dele gated by the state. Notwithstanding line 10 Sections 101375, 101400, and 101405 of the Health and Safety line 11 Code or any contract entered into pursuant thereto, or an y other line 12 law, the city shall assume complete responsibility for an y line 13 regulatory function pursuant to this division within the city limits line 14 that would otherwise be performed by the county or an y county line 15 officer or emplo yee, including a county health officer , without line 16 liability, cost, or expense to the county.
line 17 (e)  (1)  This division does not prohibit the issuance of a state line 18 temporary event license to a licensee authorizing onsite cannabis line 19 sales to, and consumption by, persons 21 years of age or older at line 20 a county f air event, district agricultural association e vent, or at line 21 another venue expressly approved by a local jurisdiction for the line 22 purpose of holding temporary events of this nature, provided that line 23 the activities, at a minimum, comply with all the following:
line 24 (A)  The requirements of paragraphs (1) to (3), inclusi ve, of line 25 subdivision (g).
line 26 (B)  All participants who are engaged in the onsite retail sale of line 27 cannabis or cannabis products at the event are licensed under this line 28 division to engage in that activity.
line 29 (C)  The acti vities are otherwise consistent with re gulations line 30 promulgated and adopted by the department go verning state line 31 temporary event licenses.
line 32 (D)  A state temporary event license shall only be issued in local line 33 jurisdictions that authorize such events.
line 34 (E)  A licensee who submits an application for a state temporary line 35 event license shall, 60 days before the e vent, pro vide to the line 36 department a list of all licensees that will be providing onsite sales line 37 of cannabis or cannabis products at the event. If any changes occur line 38 in that list, the licensee shall pro vide the department with a final line 39 updated list to reflect those changes. A person shall not engage in line 40 the onsite retail sale of cannabis or cannabis products, or in an y 96 — 4 — SB 1186

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) line 1 way participate in the e vent, who is not included in the list, line 2 including any updates, provided to the department. line 3 (2)  The department may impose a ci vil penalty on any person line 4 who violates this subdi vision, or any regulations adopted by the line 5 department governing state temporary event licenses, in an amount line 6 up to three times the amount of the license fee for each violation, line 7 consistent with Sections 26018 and 26038.
line 8 (3)  The department may require the e vent and all participants line 9 to cease operations without delay if in the opinion of the line 10 department or local law enforcement it is necessary to protect the line 11 immediate public health and safety of the people of the state. The line 12 department may also require the e vent organizer to immediately line 13 expel from the event any participant selling cannabis or cannabis line 14 products without a license from the department that authorizes the line 15 participant to sell cannabis or cannabis products. If the unlicensed line 16 participant does not leave the event, the department may require line 17 the event and all participants to cease operations immediately. line 18 (4)  The order by the department for the event to cease operations line 19 pursuant to paragraph (3) does not entitle the e vent organizer or line 20 any participant in the e vent to a hearing or an appeal of the line 21 decision. Chapter 3 (commencing with Section 490) of Di vision line 22 1.5 and Chapter 4 (commencing with Section 26040) of this line 23 division shall not apply to the order by the department for the event line 24 to cease operations pursuant to paragraph (3).
line 25 (5)  The smoking of cannabis or cannabis products at temporary line 26 events authorized pursuant to this subdi vision is prohibited in line 27 locations where smoking is prohibited. For purposes of this section, line 28 “smoking” has the same meaning as defined in subdivision (c) of line 29 Section 22950.5.
line 30 (f)  This division, or an y regulations promulgated thereunder, line 31 shall not be deemed to limit the authority or remedies of a city , line 32 county, or city and county under any provision of law, including, line 33 but not limited to, Section 7 of Article XI of the California line 34 Constitution.
line 35 (g)  Notwithstanding paragraph (1) of subdivision (a) of Section line 36 11362.3 of the Health and Safety Code, a local jurisdiction may line 37 allow for the smoking, v aporizing, and ingesting of cannabis or line 38 cannabis products on the premises of a retailer or microb usiness line 39 licensed under this division if all of the following are met:
96 SB 1186 — 5 —

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) line 1 (1)  Access to the area where cannabis consumption is allowed line 2 is restricted to persons 21 years of age or older. line 3 (2)  Cannabis consumption is not visible from any public place line 4 or nonage-restricted area.
line 5 (3)  Sale or consumption of alcohol or tobacco is not allo wed line 6 on the premises.
line 7 (h)  This division shall not be interpreted to supersede Section line 8 6404.5 of the Labor Code.
line 9 SEC. 2. Chapter 25 (commencing with Section 26300) is added line 10 to Division 10 of the Business and Professions Code, to read:
line 11
line 12 Chapter 25. Medicinal Cannabis Patients’ Right of line 13 Access Act
line 14
line 15 26300. The Legislature finds and declares as follows:
line 16 (a)  Access to medicinal cannabis is an integral aspect of access line 17 to health care, and eliminating barriers to medicinal cannabis access line 18 is essential to promoting and preserving the health of Californians line 19 for whom ph ysicians have recommended the use of cannabis or line 20 cannabis products.
line 21 (b)  It is the policy of the state and the intent of the Legislature line 22 to ensure that Californians throughout the state ha ve timely and line 23 convenient access to safe, ef fective, and af fordable medicinal line 24 cannabis.
line 25 26301. (a)  This act shall be known, and may be cited, as the line 26 Medicinal Cannabis Patients’ Right of Access Act. line 27 (b)  For purposes of this section: chapter:
line 28 (1)  “Medicinal cannabis” means medicinal cannabis or medicinal line 29 cannabis products, as those terms are defined in paragraph (1) of line 30 subdivision (ai) of Section 26001.
line 31 (2)  “Medicinal cannabis b usiness” means a business retailer line 32 authorized to eng age in the retail sale by delivery of medicinal line 33 cannabis to medicinal cannabis patients pursuant to a medicinal line 34 cannabis retail license or microbusiness license. an M-license. line 35 (3)  “Medicinal cannabis patient” means a qualified patient, as line 36 defined in Section 11362.7 of the Health and Safety Code, who line 37 possesses a physician’s recommendation that complies with Article line 38 25 (commencing with Section 2525) of Chapter 5 of Di vision 2, line 39 or a qualified patient or primary care giver for a qualified patient 96 — 6 — SB 1186

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) line 1 issued a valid identification card pursuant to Section 11362.71 of line 2 the Health and Safety Code.
line 3 (4)  “Regulation” means a local ordinance, re gulation, policy, line 4 or practice.
line 5 26302. (a)  A local jurisdiction shall not adopt or enforce any line 6 regulation that prohibits the sale retail sale by delivery within the line 7 local jurisdiction of medicinal cannabis to medicinal cannabis line 8 patients or their primary care givers, or that otherwise imposes line 9 unreasonable restrictions on the safe and af fordable sale has the line 10 effect of pr ohibiting the r etail sale by delivery within the local line 11 jurisdiction of medicinal cannabis to medicinal cannabis patients line 12 or their primary care givers by medicinal cannabis b usinesses, line 13 businesses in a timely and readily accessible manner, and in types line 14 and quantities that are sufficient to meet demand from medicinal line 15 cannabis patients within the local jurisdiction, including, but not line 16 limited to, re gulations that unreasonably restrict an y of the line 17 following: regulation of any of the following that has the effect of line 18 prohibiting the retail sale by delivery of medicinal cannabis:
line 19 (a)
line 20 (1)  The number of medicinal cannabis businesses authorized to line 21 operate in the local jurisdiction.
line 22 (b)
line 23 (2)  The operating hours of medicinal cannabis businesses. line 24 (c)
line 25 (3)  The number or frequency of sales by delivery of medicinal line 26 cannabis.
line 27 (d)
line 28 (4)  The types or quantities of medicinal cannabis authorized to line 29 be sold. sold by delivery.
line 30 (e)  Any other aspect of the operation of a medicinal cannabis line 31 business that is essential to its ability to offer medicinal cannabis line 32 products for sale to medicinal cannabis patients and their primary line 33 caregivers within the local jurisdiction in a timely and readily line 34 accessible manner, and in types and quantities that are sufficient line 35 to meet demand from medicinal cannabis patients within the local line 36 jurisdiction.
line 37 (5)  The establishment of physical pr emises from which retail line 38 sale by delivery of medicinal cannabis within the jurisdiction is line 39 conducted.
96 SB 1186 — 7 —

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) line 1 (b)  Nothing in this c hapter shall be construed to pr ohibit the line 2 adoption or enforcement of reasonable regulations on retail sale line 3 by delivery of medicinal cannabis, including , but not limited to, line 4 reasonable regulations related to:
line 5 (1)  Zoning r equirements that ar e not inconsistent with line 6 subdivision (a). If compliance with subdivision (a) would otherwise line 7 require a local jurisdiction to authorize a physical premises from line 8 which retail sale by delivery of medicinal cannabis within the line 9 jurisdiction is conducted, this par agraph shall not be construed line 10 to alter that requirement.
line 11 (2)  Security or public health and safety requirements. line 12 (3)  Licensing requirements.
line 13 (4)  The imposition, collection, and remittance of any applicable line 14 state or local taxes upon r etail sales occurring within the local line 15 jurisdiction.
line 16 (c)  Nothing in this c hapter shall be construed to limit or line 17 otherwise af fect the ability of a local jurisdiction to adopt or line 18 enforce any regulations on commercial cannabis operations other line 19 than retail sale by delivery of medicinal cannabis in the local line 20 jurisdiction.
line 21 (d)  This section shall become operative on January 1, 2024. line 22 26303. A local jurisdiction may adopt and enforce regulations line 23 that limit the sale of medicinal cannabis to deli very only, which line 24 shall not be deemed to be an unreasonable restriction. line 25 26304.
line 26 26303. The California En vironmental Quality Act (CEQA) line 27 (Division 13 (commencing with Section 21000) of the Public line 28 Resources Code) does not apply to any of the following:
line 29 (a)  The repeal of an y local ordinance, re gulation, or rule line 30 prohibiting the operation of medicinal cannabis businesses. line 31 (b)  The adoption of an y local ordinance, re gulation, or rule line 32 providing for discretionary re view and appro val of an y local line 33 permits, licenses, or other local authorizations, consistent with line 34 Sections 26302 and 26303, Section 26302, to engage in retail sales line 35 by delivery of medicinal cannabis or medicinal cannabis products line 36 conducted by businesses engaged in delivery from premises within line 37 the local jurisdiction, or by storefront retailers within the local line 38 jurisdiction, or both, on the condition that the discretionary review line 39 provided for by that local ordinance, re gulation, or rule includes line 40 any applicable environmental review required by CEQA. 96 — 8 — SB 1186

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT) line 1 (c)  The adoption of an y local ordinance, re gulation, or rule line 2 otherwise establishing a local jurisdiction’s compliance with this line 3 chapter.
line 4 26305.
line 5 26304. (a)  This chapter may be enforced by an action brought line 6 pursuant to Chapter 2 (commencing with Section 1084) of Title 1 line 7 of Part 3 of the Code of Ci vil Procedure by any of the following line 8 parties, who shall be beneficially interested within the meaning of line 9 Section 1086 of the Code of Civil Procedure:
line 10 (1)  A medicinal cannabis patient or their primary caregiver who line 11 seeks to purchase medicinal cannabis or medicinal cannabis line 12 products within the local jurisdiction.
line 13 (2)  A medicinal cannabis business that seeks to offer medicinal line 14 cannabis for sale within the local jurisdiction. line 15 (3)  The Attorney General.
line 16 (4)  Any other party otherwise authorized by law. line 17 (b)  This section shall not be construed to limit the a vailability line 18 of any other remedy otherwise a vailable to enforce this chapter . line 19 The existence of any other remedy shall not restrict the availability line 20 of relief to enforce this chapter under Chapter 2 (commencing with line 21 Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. line 22 (c)  This section shall become operative on January 1, 2024. line 23 26306.
line 24 26305. Nothing in this chapter shall be construed to limit or line 25 otherwise affect the ability or right of a local jurisdiction to regulate line 26 adult-use cannabis pursuant to Section 26200.
line 27 26307.
line 28 26306. This chapter addresses a matter of state wide concern line 29 and not a municipal af fair, as that term is used in Section 5 of line 30 Article XI of the California Constitution.
line 31 SEC. 3. If the Commission on State Mandates determines that line 32 this act contains costs mandated by the state, reimb ursement to line 33 local agencies and school districts for those costs shall be made line 34 pursuant to Part 7 (commencing with Section 17500) of Division line 35 4 of Title 2 of the Government Code.

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96 SB 1186 — 9 —

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Communication: Senate Bill 1186 - Bill Text (ITEM 5 SENATE BILL 1186: MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT)

Legislative Committee – May 16, 2022

Senate Bill 1479 – COVID-19 Testing in Schools: COVID-19 Testing Plans 1 Recommendation

Legislative Committee discuss and provide direction to staff.

Summary

Authored by Senator Richard Pan (D-6-Sacramento), Senate Bill 1479 requires each school district, county office of education, and charter school to create a testing plan that is consistent with guidance from the California Department of Public Health.

Under current guidance by the Los Angeles County Department of Public Health (County Department of Public Health), school districts in the County must have a COVID-19 Containment, Response and Control Plan (Plan) that describes each school’s comprehensive approach to preventing and containing the spread of COVID-19 on campus. The Plan includes a testing plan consistent with guidance from the California Department of Public Health. As such, each school within the City has adopted a plan, consistent with provisions included in this bill and guidance by the County Department of Public Health.

None of the school districts within the City have taken a position on this legislation.

Supporters

Protect US (Sponsor)
Genup (Sponsor)
Teens for Vaccines Inc. (Co-sponsor)
California Academy of Family Physicians
California Medical Association

Opponents

California Health Coalition Advocacy
Children’s Health Defense California Chapter
Educate. Advocate.

Hughson Unified School District
Voice for Choice Advocacy

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Communication: Senate Bill 1479 - Staff Report (ITEM 6 SENATE BILL 1479: COVID-19 TESTING IN SCHOOLS: COVID-19 TESTING PLANS ) 2 Bill Status

Senate Bill 1479 passed two policy committees, approved by the Senate Health Committee (9-2) on March 30, 2022, and the Senate Education Committee (5-2) on April 27, 2022. The bill is currently on the Suspense File. The deadline for bills to be reported to the floor is May 20, 2022.

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Communication: Senate Bill 1479 - Staff Report (ITEM 6 SENATE BILL 1479: COVID-19 TESTING IN SCHOOLS: COVID-19 TESTING PLANS ) AMENDED IN SENATE APRIL 4, 2022
AMENDED IN SENATE MARCH 21, 2022
SENATE BILL No. 1479
Introduced by Senator Pan
(Coauthors: Senators Newman and Wiener)
(Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber, and Wicks)
February 18, 2022
An act to add Article 9 (commencing with Section 32096) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to public health.
legislative counsel’s digest
SB 1479, as amended, Pan. COVID-19 testing in schools: COVID-19 testing plans.

Existing law appropriates funds to the State Department of Public Health for v arious programs related to the safe reopening of schools during the COVID-19 pandemic, including funds to support COVID-19 testing in schools allocated from the federal American Rescue Plan Act of 2021 and funds from the General Fund for the Safe Schools For All Team to coordinate technical assistance, community eng agement, increased transparency, and enforcement by the appropriate entity for public school health and safety during the CO VID-19 pandemic.

Existing law authorizes certain school apportionments to be used for any purpose consistent with pro viding in-person instruction for an y pupil participating in in-person instruction, including, b ut not limited to, COVID-19 testing, as provided. Existing law prescribes public health reporting requirements related to CO VID-19 for local educational

97 Packet Pg. 55
Communication: Senate Bill 1479 - Bill Text (ITEM 6 SENATE BILL 1479: COVID-19 TESTING IN SCHOOLS: COVID-19 TESTING PLANS ) agencies, including the de velopment of a CO VID-19 safety plan, as provided.

This bill w ould require the department to continue administering coordinate specified school district, county office of education, and charter school COVID-19 testing programs that are currently federally funded, and funded or organized under the California COVID-19 Testing Task Force. The bill would require the department to administer provide supportive services, including tec hnical assistance , vendor support, guidance, monitoring, and testing education, related to testing programs for teachers, staff, and pupils to help schools reopen and keep schools operating safely for in-person learning. The bill would also require the department to e xpand its contagious, infectious, or communicable disease testing and other public health mitig ation efforts to include prekindergarten, onsite after school programs, and childcare centers.

This bill would require each school district, county office of education, and charter school to create a COVID-19 testing plan that is consistent with guidance from the department and to designate one staff member to report information on its CO VID-19 testing program to the department. The bill would require each school within a school district to designate one staff member to report information on its COVID-19 testing program to the school district, and would authorize each school within a school district to name a staf f member to lead its COVID-19 testing program. The bill would require that all COVID-19 testing data be in a format that f acilitates a simple process by which parents and local educational agencies may report data to the department. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill w ould require the department to determine which COVID-19 tests are appropriate for the testing program.

The bill w ould mak e the implementation of all of its pro visions contingent upon an appropriation by the Legislature.

The California Constitution requires the state to reimb urse 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.​
97 — 2 — SB 1479

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Communication: Senate Bill 1479 - Bill Text (ITEM 6 SENATE BILL 1479: COVID-19 TESTING IN SCHOOLS: COVID-19 TESTING PLANS ) The people of the State of California do enact as follows:
line 1 SECTION 1. Article 9 (commencing with Section 32096) is line 2 added to Chapter 1 of P art 19 of Di vision 1 of Title 1 of the line 3 Education Code, to read:
line 4
line 5 Article 9. COVID-19 Testing in Schools
line 6
line 7 32096. (a)  For purposes of this section, “local educational line 8 agency” means a school district, county office of education, or line 9 charter school. school serving pupils in kinder garten or any of line 10 grades 1 to 12, inclusive.
line 11 (b)  The State Department of Public Health shall continue line 12 administering those coordinate COVID-19 testing programs in line 13 local educational agencies serving pupils in kindergarten and grades line 14 1 to 12, inclusive, that are currently funded by federal resources line 15 and or organized under the California CO VID-19 Testing Task line 16 Force. The In coordinating these COVID-19 testing programs, the line 17 State Department of Public Health shall administer pr ovide line 18 supportive services related to the local educational agency testing line 19 plans described in subdivision (e) and testing programs for line 20 teachers, staff, and pupils pupils, and surr ounding communities line 21 that help local educational agencies reopen and k eep local line 22 educational agencies operating safely for in-person learning. These line 23 supportive services shall include, but not be limited to, all of the line 24 following:
line 25 (1)  Technical assistance.
line 26 (2)  Vendor support.
line 27 (3)  Guidance.
line 28 (4)  Monitoring.
line 29 (5)  Testing education.
line 30 (c)  The State Department of Public Health shall e xpand its line 31 contagious, infectious, or communicable disease testing and other line 32 public health mitigation efforts to include prekindergarten, onsite line 33 after school programs, and childcare centers.
line 34 (d)  If the state secures additional federal funds through the line 35 United States Centers for Disease Control and Pre vention line 36 Epidemiology and Laboratory Capacity for Prevention and Control line 37 of Emer ging Infectious Diseases Program for the purposes of line 38 COVID-19 testing in local educational agencies, any federal funds 97 SB 1479 — 3 —

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Communication: Senate Bill 1479 - Bill Text (ITEM 6 SENATE BILL 1479: COVID-19 TESTING IN SCHOOLS: COVID-19 TESTING PLANS ) line 1 shall be expended before allocating state funds for the purposes line 2 described in subdivisions (b) and (c).
line 3 (e)  (1)  Each local educational agency shall create a COVID-19 line 4 testing plan that is consistent with guidance from the State line 5 Department of Public Health.
line 6 (2)  (A)  Each local educational agency shall designate one staff line 7 member to report information on its CO VID-19 testing program line 8 to the State Department of Public Health.
line 9 (B)  Each school within a school district shall designate one staff line 10 member to report information on its CO VID-19 testing program line 11 to the school district.
line 12 (C)  Each school within a school district may name a staf f line 13 member to lead its COVID-19 testing program.
line 14 (3)  All COVID-19 testing data shall be in a format that facilitates line 15 a simple process by which parents and local educational agencies line 16 may report data to the State Department of Public Health. line 17 (f)  The State Department of Public Health shall determine which line 18 COVID-19 tests are appropriate for use for the testing programs line 19 described in this section.
line 20 (g)  Implementation of the pro visions of this section are line 21 contingent upon an appropriation in the annual Budget Act or line 22 another statute for this purpose.
line 23 SEC. 2. If the Commission on State Mandates determines that line 24 this act contains costs mandated by the state, reimb ursement to line 25 local agencies and school districts for those costs shall be made line 26 pursuant to Part 7 (commencing with Section 17500) of Division line 27 4 of Title 2 of the Government Code.

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Communication: Senate Bill 1479 - Bill Text (ITEM 6 SENATE BILL 1479: COVID-19 TESTING IN SCHOOLS: COVID-19 TESTING PLANS )