Rep. Chris Ward

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law sets forth specified prior authorization and step therapy limitations for health care service plans and health insurers. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2027, to require a health care service plan or health insurer to complete prior authorization within 30 days upon initial request, as specified, for a drug approved by the United States Food and Drug Administration (FDA) for the treatment of a rare disease if the drug is prescribed by a specialist with expertise in the condition or disease being treated, the specialist has determined the drug is medically necessary, and the drug is the only FDA-approved treatment for the rare disease. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Under existing law, a candidate for the United States House of Representatives or local elective office may purchase space in the county voter information guide to make a candidate statement. A candidate for United States Senate may purchase space for a candidate statement in the state voter information guide. A candidate for state elective office may also purchase space to make a candidate statement in the state voter information guide, but only if the candidate accepts certain voluntary campaign expenditure limits. Existing law prohibits these candidate statements from making any reference to the candidate's opponents. This bill would limit a candidate statement to a recitation of the candidate's own education, professional experience, public service, community involvement, and qualifications. The bill would prohibit a candidate statement from including, in addition to references to other candidates, a link or other reference to external content other than the candidate's campaign website; content that is vulgar or profane, or that threatens or incites violence; false statements or misleading claims; or any other content that is unrelated to the candidate's qualifications. The candidate would be required to submit a declaration with the candidate statement that attests that the statement is true and correct. Because a person who willfully makes a false statement in that declaration would be guilty of the crime of perjury, this bill expands the scope of that crime and thereby creates a state-mandated local program. The bill would require the Secretary of State and county elections officials to omit from the voter information guide any portion of a candidate statement that does not comply with the bill, except false statements and misleading claims, and it would require them to print the remainder of the statement if it can stand independently and does not mislead voters. The bill would make a fee paid by a candidate for the printing or inclusion of a candidate statement nonrefundable if any part of the statement is printed in the voter information guide, but the fee would be refunded if the statement is omitted. By increasing the duties of county elections officials, this bill would create a state-mandated local program. Existing law provides for the public examination of state and county voter information guides. During the 20-day examination period for the state guide, an elector may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. During the 10-day examination period for the county guide, a voter of the relevant jurisdiction in which an election is being held, or the relevant local elections official themselves, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. A court will issue such a writ of mandate or injunction only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with law, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would similarly allow any registered voter to seek a writ of mandate or an injunction requiring any or all of the material in a candidate statement in the state or a county voter information guide to be amended or deleted, as specified. This bill would require that, as in current law, the writ of mandate or an injunction only be issued upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of the bill, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would additionally allow a county elections official to bring such an action for a writ or injunction challenging a candidate statement in the county voter information guide over which they have jurisdiction. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, 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 measure would call on Congress to enact legislation that restores and strengthens the full protections of the Voting Rights Act of 1965, and it would call on the President to sign the legislation.

(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit for specified new hiring and employment. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. Existing law also establishes the continuously appropriated Corporation Tax Fund in the State Treasury for the purpose of making refunds pursuant to existing law. This bill would, for taxable years beginning on or after January 1, 2027, and before January 1, 2032, allow a credit against those taxes to a qualified taxpayer, as defined, equal to $20,000 for each qualifying journalist, as defined, continuously employed on a full-time basis by the taxpayer, not to exceed 5 qualifying journalists. The bill would also allow a credit of $15,000 for each qualifying journalist continuously employed on a full-time basis by the taxpayer in excess of 5 qualifying journalists, and a credit of $7,500 for each qualifying journalist employed on a part-time basis by the taxpayer. The bill would allow an additional credit of $15,000 for each qualifying journalist employed on a full-time basis in a new journalism position, as defined. The bill would require the amount of the credit exceeding the taxpayer's liability to be credited against other amounts due, if any, and would require the balance to be paid from the Tax Relief and Refund Account or the Corporation Tax Fund, as specified, and refunded to the taxpayer. By increasing the payments from the Tax Relief and Refund Account and the Corporation Tax Fund, which are continuously appropriated funds, the bill would make an appropriation. The bill would allow the credit to organizations that are exempt from income taxation, as specified, and would allow the refund provisions to apply for those organizations. Existing law requires any bill authorizing a new tax expenditure, as defined, to include tax credits, to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. The bill would also require the Franchise Tax Board to publish a report on its internet website detailing the total number of taxpayers allowed the credit, the total dollar value of credits allowed, and the average dollar amount per qualified taxpayer allowed a credit. The bill would require the Franchise Tax Board to submit a report to the Legislature providing guidance on potential administration and enforcement of a refundable tax credit for organizations exempt from federal income tax, as provided. (2) Under the Personal Income Tax Law and the Corporation Tax Law, various provisions of the federal Internal Revenue Code, as enacted as of a specified date, are referenced in various sections of the Revenue and Taxation Code. Those laws provide that, for taxable years beginning on or after January 1, 2025, the specified date of those referenced Internal Revenue Code sections is January 1, 2025, unless otherwise specifically provided. The Personal Income Tax Law and the Corporation Tax Law, in modified conformity with federal income tax laws, allow various deductions from gross income in calculating adjusted gross income, including a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Existing law does not allow a deduction as an ordinary and necessary business expense for the wages or other remuneration of a covered employee, as defined, to the extent that remuneration exceeds $1,000,000. Existing federal income tax law, enacted after January 1, 2025, amends the application of the limitations relating to covered employees in the case of taxpayers that are members of a controlled group. This bill would specifically conform to the federal application of the limitations relating to covered employees in the case of taxpayers that are members of a controlled group for state tax purposes. The bill would also further conform to the federal definition of a covered employee. This bill would incorporate additional changes to Sections 17039 and 23036 of the Revenue and Taxation Code proposed by AB 2319 to be operative only if this bill and AB 2319 are enacted and this bill is enacted last.

Existing law specifies the rights and requirements of a claimant or homeowner to bring a civil action for construction defects of a dwelling, including applicable standards for home construction, detailed prelitigation procedures, statute of limitations, burden of proof, and the damages recoverable. Existing law specifies the rights and prohibitions for a builder to defend against a civil action for construction defects, including a prohibition against a builder obtaining a release or waiver in exchange for repair work mandated by law. This bill would modify specific rights, requirements, and prohibitions for the parties to a civil action for construction defects of a dwelling by revising, among other things, the requirements for a prelitigation notice from the claimant to the builder and the evidence a claimant is required to affirmatively demonstrate to make a claim. Among other changes, the bill would repeal the prohibition on, and, instead, authorize, a builder to obtain a release or waiver in exchange for certain repair work, as specified. Commencing July 1, 2027, the bill would prohibit an insurer from asserting repairs as a voluntary payment or as a payment made without the insurer's consent, or denying counting the costs associated with those repairs, against a deductible or self-insured retention. The bill would provide that its provisions apply to structures subject to the provisions governing the rights of a claimant or homeowner to bring a civil action for construction defects of a dwelling, except as provided. The bill would further provide that its provisions are severable.

Existing law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that the policy include, among other things, training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by officers, investigators, and supervisors. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold by any peace officer employed by that agency. This bill would, until January 1, 2030, prohibit a law enforcement agency, including a federal law enforcement agency, from using a wearable electroshock device within the State of California. The bill would also prohibit a law enforcement agency from using state funds to purchase a wearable electroshock device. The bill would require a law enforcement agency to update their use of force policies to prohibit the use of a wearable electroshock device. By increasing the duties on local law enforcement, the bill would impose a state-mandated local program. The bill would require the Division of Law Enforcement within the Department of Justice to conduct a study on the safety and community impacts of wearable electroshock devices and provide recommendations for appropriate standards and safeguards for their use, and would require the department to report to the Legislature on the findings and recommendations of the study on or before January 1, 2029. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems (ADS) that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, within the Department of Industrial Relations. This bill, beginning on July 1, 2027, would prohibit an employer, as defined, from using an ADS to perform certain functions and would limit the purposes for and way in which an ADS may be used. The bill would, when an employer primarily uses an ADS to make a disciplinary or termination decision, authorize an employee to request, and require an employer to provide, a description of the employee's own data primarily used by an ADS to make a disciplinary or termination decision, as specified. The bill would require an employer that primarily relied upon an ADS to make a disciplinary or termination decision to provide the affected employee with a written postuse notice, as specified. This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any employee for taking certain actions asserting their rights under the bill. The bill would authorize the Labor Commissioner to enforce the bill's provisions and also authorize a public prosecutor to bring a civil enforcement action, as specified. The bill would set forth specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation. This bill would also provide that an employer who complies with the requirements related to notice in this bill is not required to comply with any substantially similar provisions under any other state law, except as specified. The bill would not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions. The bill would provide that it does not prohibit the use of an automated decision system relating to the development of aircraft for use in the national airspace or the development of products or services for national security, military, space, or defense purposes, if the use of an automated decision system is reasonably necessary to comply with the federal statute, the federal regulation, or the binding federal contract, as specified. The bill would include a statement that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would declare that its provisions are severable.

Existing law, the Arts and Music in Schools—Funding Guarantee and Accountability Act, an initiative measure approved by the voters as Proposition 28 at the November 8, 2022, statewide general election, provides a minimum source of annual funding to K–12 public schools, including public charter schools, to supplement arts education programs for pupils attending those schools, as specified. The act defines "arts education program" for these purposes to include, but not be limited to, instruction and training, supplies, materials, and arts educational partnership programs, for instruction in specified topics. The act requires the continuous appropriation for these purposes, without regard to fiscal years, from the General Fund to the State Department of Education, of an amount equal to 1% of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by the California Constitution, as provided. The act requires funds appropriated pursuant to Proposition 28 to be allocated by the department to each local educational agency, and requires local educational agencies to allocate those funds to each schoolsite, pursuant to specified calculations. The act requires the principal or program director of each schoolsite or preschool to develop an expenditure plan for allocated funds. This bill would change the definition of "arts education program" to additionally include curriculum, instructional materials, and professional development, and would require all arts education programs to be consistent with the California Arts Standards for Public Schools, the California Arts Education Framework, or the California Preschool/Transitional Kindergarten Learning Foundations, as applicable. The bill would authorize local educational agencies to pool allocated funds and require, as a condition of this pooling, local educational agencies to ensure, among other things, (1) that expenditures for each schoolsite are in proportion to the allocation for each schoolsite and (2) compliance with the expenditure plan adopted by the principal or program director. The act requires, as a condition of receiving Proposition 28 funds, a local educational agency to, among other things, annually certify that the funds will be used to supplement arts education programs and not supplant existing funding for those programs, and that funds expended in the prior fiscal year were used to supplement arts education programs. This bill would require this certification to include specified calculations that compare existing funds available for arts education programs, as provided, with current year expenditures for arts education programs. The bill would require, in determining the existing funds available for arts education programs, a local educational agency to (1) subtract from the prior year total expenditures for arts programs expenditures from Proposition 28 funds and from resources that are no longer available in the current year, as provided, and (2) subsequently add newly available resources that are spent on arts education programs, excluding current year Proposition 28 funds. The bill would deem a local educational agency for which current year expenditures for arts education programs equal or exceed the calculations of existing funds available for arts education programs to be in compliance with the requirement to supplement arts education programs. The act also requires, as a condition of receiving Proposition 28 funds, a local educational agency to submit an annual governing board or body-approved report in a manner determined by the Superintendent of Public Instruction detailing program expenditures and to certify (1) that all funds will be used to provide arts education programs, and that funds expended in the prior fiscal year were, in fact, used for those purposes and (2) , for local educational agencies with an enrollment of 500 or more pupils, that at least 80% of Proposition 28 funds will be used to employ certificated or classified employees to provide arts education program instruction, as provided, and authorizes the department, for good cause shown, to provide a waiver to these requirements. This bill would instead require the annual governing board or body-approved report to be submitted and posted on or before September 30 in a manner determined by the department. The bill would require each schoolsite or preschool to post on its internet website the above-described expenditure plan and information on granted waivers and would authorize a local educational agency to instead require this information to be posted on the local educational agency's internet website. The bill would, commencing with the 2027–28 fiscal year, require a local educational agency to certify that all provisions of Proposition 28 have been implemented in accordance with the requirements of Proposition 28 at each of its schoolsites. To the extent these provisions impose new duties on schoolsites or local educational agencies, the bill would impose a state-mandated local program. The bill would require the department to post approved waivers on its internet website. Existing law, on or before May 1 of each fiscal year, requires (1) the governing board of each school district to either provide for an audit of all funds under the control of that school district or make arrangements with the county superintendent of schools having jurisdiction over the school district to provide for that auditing, (2) the governing body of each charter school to either provide for an audit of all funds under the control of the charter school or make arrangements with the chartering authority to provide for that auditing, and (3) each county superintendent of schools to either provide for an audit of all funds under their jurisdiction and control or make arrangements with the Controller to provide for that auditing. The act requires annual audits of a local educational agency to include, for purposes of Proposition 28, (1) all funds received and distributed by the local educational agency pursuant to specified Proposition 28 provisions and (2) a determination of whether the funds were expended pursuant to the (A) certifications submitted by the local educational agency and (B) requirements of certain Proposition 28 provisions. This bill would delete the requirement that an annual audit of a local educational agency include a determination of whether Proposition 28 funds were expended pursuant to the requirements of certain Proposition 28 provisions. Proposition 28 authorizes the Legislature to amend its provisions by a 23 vote of each house if the amendment furthers its purposes. This bill would declare that the above-described provisions further the purposes of Proposition 28. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC, on or before March 31, 2024, to evaluate each customer renewable energy subscription program to determine if the program meets specified goals and to determine whether it would be beneficial to ratepayers to establish a new tariff or program for an electrical corporation, or modify an existing tariff or program administered by an electrical corporation, to establish a community renewable energy program, as provided. If the PUC determines that it would be beneficial to ratepayers to establish the community renewable energy program, existing law requires the PUC, on or before July 1, 2024, to establish the program and require each electrical corporation to participate in the program. This bill would revise the requirements of the customer renewable energy subscription program, as provided, among other things, to promote participation by low-income customers at levels commensurate with the opportunity provided to certain customer-generators, to provide bill credits to subscribers based on the avoided costs of community renewable energy generators, as defined, participating in the program if the community renewable energy generator is determined to be a load-modifying resource, to require all community renewable energy generators participating in the program to have no more than 5 megawatts of generation capacity and no more than 5 megawatts of energy storage, and to limit the total program capacity to 4 gigawatts or end the enrollment of new community renewable energy generators in the program after 7 years, whichever occurs first. The bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) , in a public process that includes opportunity for public comment, to evaluate the load-modifying potential of community renewable energy generators, as specified, and, if the evaluation finds that community renewable energy generators have load-modifying potential, to, on or before December 1, 2027, in a public process with opportunity for public comment, identify attributes that the Energy Commission would expect a community renewable energy generator to meet in order to be classified by the PUC as a load-modifying resource, as provided. The bill would require the PUC, within 180 days following the identification of attributes by the Energy Commission, to adopt or modify a customer renewable energy subscription program consistent with the revisions to the program made by the bill, and would require the PUC to establish in the program a mechanism to determine whether community renewable energy generators are load-modifying resources, as provided. Existing law requires the PUC, within 24 months of establishing a community renewable energy program and annually thereafter for the duration of the program, to submit to the Legislature a report on the facilities deployed and customers subscribed, as provided. This bill would instead require the PUC, within 24 months of the adoption or modification of a customer renewable energy subscription program and annually thereafter for the duration of the program, to submit to the Legislature a report on the community renewable energy generators participating in the program and customers subscribed. The bill would repeal this requirement on January 1, 2034. Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because a violation of a PUC action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that collects sensitive personal information, as defined, about the consumer to limit its use, as prescribed. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would, under the CCPA, prohibit a business, service provider, or contractor from selling or sharing sensitive personal information to a third party, except as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.