2015-16 Legislation

Health and Human Services Legislation

Assembly Bill (AB) X2 15 (Eggman) (Senator Monning Principal Coauthor)Establishes the End of Life Option Act in California and allows a mentally competent, terminally ill adult Californian in the final stages of life to request aid-in-dying medication from a physician.  Terminally ill individuals would be granted the right to obtain a prescription from their physician for medication to be self-administered after two physicians confirm a prognosis of six months or less to live, a written request and two oral requests for the medication are made a minimum of 15 days apart, and two witnesses attest to the request.  Participation by physicians, pharmacists, and health care providers is voluntary.

(Status:  Chapter 1, Statutes of 2015-16 Second Extraordinary Session)

Senate Bill (SB) 203 - Requires a consumer warning label be placed on sugar-sweetened beverages that contain 75 calories or more per 12 ounces and are sold in California to inform consumers about the harmful effects of consuming sugary drinks, such as sodas, sports drinks, energy drinks, and sweetened teas. 

(Status:  Failed passage in the Senate Committee on Health)

SB 253 - Mandates the application of health care standards by the judiciary when authorizing psychotropic drugs to children in foster care.  No psychotropic drugs would be authorized without prior medical exams of the children and on-going medical monitoring must occur.  For treatments with the greatest risk, a second opinion from a psychiatrist would have to be obtained.  

(Status:  Vetoed by the Governor)

SB 260 - Deletes the current licensing exemption and requires a County Organized Health System plan to be licensed by the Department of Managed Health Care under the

Knox-Keene Act.

(Status: Held on the Assembly Floor Inactive File)

SB 299 - Authorizes the Department of Health Care Services to exempt from the current statutory notarization requirements all Medi-Cal provider applicants who apply electronically for enrollment in Medi-Cal. 

(Status:  Chapter 271, Statutes of 2015)

SB 315 – Authorizes the California Health Facilities Financing Authority to transfer up to $3 million from the Hospital Equipment Loan Program Fund for use in a second competitive grant administered by the California Health Access Model Program (CHAMP).  The CHAMP provides demonstration grants for innovative methods of delivering health care services that have an emphasis on vulnerable populations and prevention.

(Status:  Held on the Assembly Floor Inactive File)

SB 1002 - Requires the California Department of Public Health to establish and maintain a toll-free telephone number dedicated to receiving and responding to inquiries about the End of Life Option Act, and to post the telephone number on the Department’s website.

(Status:  Held in the Senate Committee on Appropriations)

SB 1135 – Requires health plans and insurers to notify consumers and health care providers about patients’ rights to timely access to care and language assistance.

(Status: Chapter 500, Statutes of 2016)

SB 1339 - Clarifies that as soon as a county is made aware that a beneficiary on state welfare services will move to a new county, the notified county shall promptly initiate an inter-county transfer to ensure there is no break in services with the new county of residence. 

(Status: Chapter 801, Statutes of 2016)

SB X2 6 - Eliminates the current loopholes in California’s smoke-free workplace law by expanding the prohibition on smoking in a place of employment to include owner-operated businesses and strikes existing exemptions.

(Status:  Died in the Assembly)          

Environmental Legislation

SB 165 - Expands the number and type of environmental crimes for which a civil fine may be levied against a person who cultivates a controlled substance.  In addition, it expands the existing authority of the Department of Fish and Wildlife and other local enforcement agencies to assess civil fines in instances of the dumping of waste or hazardous substances; the illegal removal of plants or vegetation; the unlawful take of game; and/or the destruction of forested habitats without Timber Harvest Permits.

(Status:  Chapter 139, Statutes of 2015)

SB 422 - Amends the enabling act of the Santa Clara County Open Space Authority (Authority) to allow the acquisition and/or management of natural lands outside of its jurisdiction for conservation and restoration projects and renames the Authority the Santa Clara Valley Open-Space Authority.

(Status:  Chapter 99, Statutes of 2015)           

SB 489 – Authorizes the Department of Toxic Substances Control (DTSC) to designate solar Photovoltaic (PV) modules classified as hazardous to be designated as universal waste for purposes of DTSC regulations and proper management.  The bill also encourages the collection, recycling, and safe disposal of end-of-life PV modules.

(Status:  Chapter 419, Statutes of 2015)

SB 831 (Committee on Budget and Fiscal Review) - Appropriates $10 million General Fund for the Department of Water Resources to provide a grant to the Monterey County Water Resources Agency to construct a water conveyance between Lake Nacimiento and Lake San Antonio.

(Status:  Chapter 338, Statutes of 2016)

SB 1073 - Eliminates regulatory confusion regarding the certification for lead paint removal by harmonizing California law with the United States Environmental Protection Agency’s Renovation Repair and Painting rule by establishing a state certification process for contractors to work on renovation, repair, and painting projects that are likely to contain lead paint.

On August 19, 2016, SB 1073 was amended to instead make changes to the Earned Income Tax Credit in order to conform to federal law providing for the enhanced 45% rate for 3 or more qualifying children.

(Status: Chapter 722, Statutes of 2016)

SB 1363 - Requires the Ocean Protection Council, in coordination with the State Coastal Conservancy, to establish and administer the Ocean Acidification and Hypoxia Reduction Program.  The Program would:  1) Develop demonstration projects to evaluate the best locations for carbon dioxide removal strategies, including the protection and restoration of eelgrass beds; 2) Generate an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be applied successfully; and 3) Incorporate consideration of carbon dioxide removal during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration.

(Status:  Chapter 846, Statutes of 2016)

Animal Welfare Legislation

SB 17 – Extends the sunset date of the California Sea Otter Fund from 2016 to 2021.  The Fund was established in 2006 as a tax check-off on the California state income tax form and has since been extended once. 

(Status:  Chapter 136, Statutes of 2015)

SB 945 - Establishes minimum standards for the care of pets while they are in boarding facilities, provides operators of these facilities with clear guidance on standards of care, and provides protection to pet-owners. The bill also requires that pet boarding facilities maintain either a fire suppression sprinkler system or a fire alarm system that is connected to a central reporting station that alerts the local fire department in case of a fire.

(Status: Chapter 364, Statutes of 2016)

Education Legislation

SB 242 - Requires the approval of a governing school board before a school district police department can receive surplus military equipment through the Federal 1033 Program.

(Status:  Chapter 79, Statutes of 2015)

SB 1059 – Fixes a legislative oversight, by reestablishing the longstanding eligibility of law schools accredited by the California State Bar to receive Federal Title 38 funds, allowing military-veteran students to use Title 38 funds to receive a legal education at these schools.

(Status:  Chapter 428, Statutes of 2016)

Issues Facing Seniors Legislation

SB 475 – For prospective contracts, requires a Continuing Care Retirement Community provider to refund 20 percent of an entrance fee, which is conditioned upon resale of the unit, to the resident or 10 percent to the controlling estate within 120 days of vacancy.  After 180 days and before 240 days after a resident vacates a unit, the remaining refundable amount would accrue four percent interest until the unit is sold or until full payment can be made to the resident.  After 240 days, interest would accrue at six percent.  A complaint and investigation process is established for residents and estates waiting longer than one year for payment.

(Status:  Vetoed by the Governor)

SB 939 – Requires prospective Continuing Care Retirement Community (CCRC) contacts, which condition the lump-sum repayment of entrance fees on resale of a unit, to apply four percent simple interest to any remaining balance after 180 days after a resident vacates a unit and until payment is made.  After 240 days, interest would accrue at six percent and compound annually. Unless it is part of an equity interest contract, CCRCs are prohibited from applying monthly fees after a resident has vacated a unit and that the provider must make “good faith efforts to reoccupy or resell” the vacated unit.

(Status:  Chapter 112, Statutes of 2016)

SB 1065 – Helps sick and dying seniors who have received a trial preference in an elder abuse case to get their day in court quickly rather than having their case delayed by the appellate process, which can take three years or more.  The bill expedites the current 2-3 year appeal process for these particular cases by requiring that appeals be heard within 100 days.

(Status:  Chapter 628, Statutes of 2016)

Public Safety Legislation

SB 517 – Clarifies that the courts have the discretion to release a supervised individual in custody in a county jail, as long as the person is not detained on a flash incarceration imposed by a parole officer.

(Status:  Chapter 61, Statutes of 2015)

SB 1016 - Extends the sunset date of California’s determinate sentencing statutes from January 1, 2017 to January 1, 2022.

(Status:  Chapter 887, Statutes of 2016)

SB 1129 – Removes the current mandatory sentencing statutes for the crime of prostitution that require incarceration upon an offender’s second or third conviction.

(Status:  Chapter 729, Statutes of 2016)

Underground Economy Legislation                                           

SB 560 - Expands the authority of the Contractors State License Board Enforcement Representatives to issue written notices to unlicensed contractors to appear in superior court for failure to secure workers’ compensation insurance.

(Status:  Chapter 389, Statutes of 2015)

SB 561 - Eliminates the current requirement that a Home Improvement Salesperson (HIS) register separately with the Contractors State License Board to work for each contractor and instead allows a properly registered HIS to utilize a single, individual registration with one or more licensed contractors. 

(Status:  Chapter 281, Statutes of 2015)

Miscellaneous

SB 313 - Requires school boards to provide a 30-day notice to a local governing body prior to a vote that will negate existing zoning ordinances for a proposed school site, as well as require school boards to provide written findings as to why existing zoning ordinances fail to meet the school district’s school site needs.

(Status:  Held in the Assembly Committee on Education)

SB 344 - Requires those seeking a commercial driver’s license (CDL) to complete a course of instruction from a commercial driving institution before being issued a CDL.  The Department of Motor Vehicles would certify that course training programs meet minimum standards to ensure drivers are proficient in safely operating commercial vehicles, and removes the Bureau for Private Postsecondary Education exemption for institutions offering certified CDL courses. 

(Status:  Held in the Assembly Committee on Appropriations)

SB 602 – Would allow the California Earthquake Authority (CEA) to create a new voluntary financing tool used by homeowners to mitigate and retrofit their homes.  The Property Secured Mitigation Program would allow the CEA to provide 100 percent financed loans for residential mitigation projects that meet approved engineering guidelines.  The loan would become a lien on the property and allow homeowners to pay for the costs in installments in the form of debt service payments collected through existing property tax collection mechanisms.  The lien would stay with the property upon sale.

(Status:  Held in the Assembly Committee on Appropriations)

SB 657 - Codifies and requires the California Public Utilities Commission to convene an Independent Peer Review Panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Power Plant, including the areas surrounding the facility and areas where nuclear waste in stored, until January 1, 2025.  The bill language contained in SB 657 was placed in AB 361 (Achadjian) Chapter 399, Statutes of 2015.

On June 13, 2016, the bill was amended and SB 657 is now authored by Senators Berryhill and Pan.  As amended, it would revise the definition of "lender" under the California Residential Mortgage Lending Act to clarify the inclusion of loan processors and underwriters under specified circumstances.

(Status:  Chapter 797, Statutes of 2016)

SB 968 - Requires Pacific Gas and Electric Company to submit to the California Public Utilities Commission an assessment of the adverse and beneficial economic impacts that could occur in the San Luis Obispo County region if the Diablo Canyon Nuclear Power Plant were to temporarily or permanently shut down.  The assessment would include identification of contingency plans to mitigate the adverse impacts and be done by an independent third party.

(Status:  Chapter 674, Statutes of 2016)

SB 1092 – Requires short term home sharing companies who operate via an internet hosting platform to provide a disclosure to homeowners or tenants about the need to review their insurance coverage to ensure they are covered in the event of injury or damage during the rental period.   

(Status:  Chapter 113, Statutes of 2016)

SB 1100 - Expands the Workers' Occupational Safety and Health Education Fund (WOSHTEP) to increase protections of workers and workplaces by:  1) Expanding and ensuring the continued capacity of a non-profit training network under the direction of WOSHTEP; 2) Developing a California occupational research agenda (CORA) to identify and promote effective ways to prevent workplace hazards and reduce the high number of work-related injuries, illnesses and death; and 3) Developing a community occupational health program to link community-based health clinics with occupational health experts to improve outcomes for injured workers and prevent similar injuries.

(Status: Held on the Senate Floor Inactive File)        

Senate Concurrent Resolution (SCR) 6 - Expresses the intent and commitment of the State of California to enter into a sister state relationship with the Province of Santa Fe, Argentina.

(Status:  Resolution Chapter 91, Statutes of 2015)

SCR 34 - Recognizes September 2015 as Childhood Obesity Awareness Month.

(Status:  Resolution Chapter 99, Statutes of 2015)

SCR 108 - Recognizes February 29, 2016, and the last day of February every year thereafter, as

Rare Disease Day in California.         

(Status: Resolution Chapter 30, Statutes of 2016.)

 

*Full text of bills can be viewed at www.leginfo.legislature.ca.gov