Sen. Catherine Blakespear

Existing law creates within the Department of Corrections and Rehabilitation, under the Undersecretary for Operations, the Division of Adult Institutions, among others, and requires each division to be headed by a director, who is appointed by the Governor, as specified. Existing law also requires the Governor to appoint 4 subordinate officers to the division, as specified. Existing law requires each subordinate officer appointed to oversee an identified category of adult institutions, one of which oversees female offender facilities. This bill would instead require the Governor to appoint 3 subordinate officers, as specified, who would oversee an identified category of male adult institutions, and one subordinate officer, as specified, who would oversee female adult institutions. The bill would create within the department, and under the Undersecretary for Operations, the Division of Female Programs and Services. The bill would require the director of this division to be responsible solely for female adult institutions and community facilities housing female offenders. The bill would require the director to report to the undersecretary and to have a minimum of 5 years of experience serving a female correctional population in a custody setting. The bill would also require this new division to manage and provide oversight of adult female programs, including prisons, conservation camps, and parole and community programs and to develop gender-responsive, trauma-informed, culturally sensitive approaches to program and policy development. Existing law requires the department to create a Female Offender Reform Master Plan and present it to the Legislature by a specified date. Existing law requires the department to, among other things, create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders. This bill would require the department to provide a report to the Legislature on the implementation of the plan, and update statistics contained in the plan, by March 1, 2027, and every 3 years thereafter. The bill would require the department to maintain the plan, including subsequent updates and reports, in consultation with the commission and others, as specified. The bill would also require the department to post the plan, any reports, and any updates to the plan to the department's internet website. This bill would require the department to establish the Gender Responsive Strategies Commission (GRSC) to develop active partnerships and to support successful implementation of gender responsive practices and rehabilitation programs for incarcerated individuals. The bill would require the GRSC to be composed of 19 representatives, as specified, and would require the department, by June 1, 2027, and annually thereafter, to provide a written report to the Legislature on appointments to the GRSC and the department's response and progress toward implementing the GRSC's recommendations. Existing law also requires the department to contract with nationally recognized gender-responsive experts in prison operational practices, staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to, among other things, conduct a staffing analysis of all current job classifications assigned to each prison that houses only females, as specified, and develop programs and training for department staff in correctional facilities. This bill would require the department, through this contract, no later than March 1, 2027, and every 3 years thereafter, to prepare and submit to the Legislature an updated staffing analysis and would require a comprehensive review of the office's policies and practices and other aspects of women-centered corrections developed to enhance safety and rehabilitative efforts, as specified. The bill would also require the training program to include training at the academy and, for those working in a female prison, 40 hours of initial training with a curriculum specifically focused on working with the population within female institutions and an 8-hour annual training thereafter. Existing law requires the secretary of the department to expand the existing prison ombudsperson program to ensure the comprehensive deployment of ombudspersons throughout the state prison system with specific focus on the maximum security institutions. This bill would instead require the Undersecretary for Operations to perform this duty and would require the undersecretary to appoint an ombudsperson solely assigned to adult female institutions.

Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed. This bill would require the division, on or before January 1, 2030, to propose to the standards board, for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified. The bill would require the division to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants. The bill would authorize the division to develop the standard in consultation with other specified groups. The bill would authorize the standards board to adopt emergency regulations to implement these provisions.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA defines various terms, including "natural and protected lands" for its purposes. This bill would revise the definition of that term to include habitats for protected species identified as candidate, sensitive, or species of special status by state or federal agencies. CEQA exempts from its requirement projects that consist exclusively of a day care center that is not located in a residential area and projects that consist exclusively of an advanced manufacturing facility located on a site zoned exclusively for industrial uses. This bill would additionally exempt projects consisting exclusively of a family day care home, as defined. The bill would, for the exemption for the day care center and family day care home, instead require the projects for those facilities not be located in an area zoned for industrial use or within 3,200 feet of a facility that actively extracts or refines oil or natural gas in order for the exemption to apply. The bill would revise the exemption for advanced manufacturing facility projects to require those projects to be used exclusively for final tier manufacturing, as defined. The bill would require an applicant of an advanced manufacturing project that is exempted from CEQA under the bill's requirement to enter into a bona fide community benefits agreement, as provided, and to comply with certain labor requirements, as provided. The bill would require the lead agency, before determining that an advanced manufacturing project is exempt from CEQA, to hold at least one public hearing on the project and to ensure that the applicant complies with the requirement to enter into a bona fide community benefits agreement and the labor requirements. CEQA exempts from its requirements a rezoning that implements the schedule of actions contained in an approved housing element. CEQA specifies that this exemption does not apply to a rezoning that would allow for the construction of certain facilities, including oil and gas infrastructure. CEQA also specifies that this exemption does not apply rezoning that would allow for construction to occur within the boundaries of any natural and protected lands, except as provided. This bill would repeal the exception from the CEQA exemption for rezoning that would allow for oil and gas infrastructure. The bill would specify that the definition of "natural and protected land" does not include habitats for protected species that would be added to that definition by this bill for purposes the exception for rezoning that would allow for construction to occur within the boundaries of any natural and protected lands to the CEQA exemption. CEQA specifies, for a proposed housing development project that would otherwise be exempt from its requirements but for a single condition required for the exemption to apply, that the application of CEQA is limited to the effects upon the environment that are caused by that single condition. CEQA provides that this limited application of CEQA does not apply if the proposed housing project is located on natural and protected land, but does not include "natural and protected land" that is a site within a very high fire hazard severity zone or within the state responsibility area, except as provided. This bill would additionally specify that "natural and protected land" does not include habitats for protected species that would be added to that definition by this bill. Because the bill would imposes additional duties on a lead agency, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. Existing law classifies electric bicycles into 3 classes with different restrictions for various purposes, and requires, among other things, a class 3 electric bicycle to be equipped with a speedometer. Existing law prohibits certain vehicles that do not meet the definition of an electric bicycle from being advertised, sold, offered for sale, or labeled as an electric bicycle, as specified. A violation of the Vehicle Code is a crime. This bill would amend the type of vehicles that are prohibited from being advertised, sold, offered for sale, or labeled as electric bicycles, including, among others, motor-driven cycles and mopeds. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law defines a motor-driven cycle as any motorcycle with a motor that displaces less than 150 cubic centimeters. This bill would revise the definition of motor-driven cycle to mean any motorcycle propelled by an internal combustion engine that displaces less than 150 cubic centimeters, or by an electric motor that produces 5 gross brake horsepower (3,750 watts) or less, and is designed for highway use, complies with all applicable federal motor safety standards, has a 17-digit vehicle identification number and a safety certification label, and meets all of the equipment requirements of the Vehicle Code. Existing law defines a motorized bicycle or moped as a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. This bill would delete references to motorized bicycle in the Vehicle Code and replace the term with "moped." The bill would revise the definition of a moped to mean a two-wheeled or three-wheeled device that has an electric motor or an internal combustion engine that produces less than 4 gross brake horsepower (3,000 watts) , is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground, is designed for highway use, complies with all applicable federal motor safety standards, has a 17-digit vehicle identification number and a safety certification label, and meets all of the equipment requirements of the Vehicle Code. The bill would specify that a moped may be equipped with operable pedals for propulsion by human power. Existing law requires every manufacturer of a motorized bicycle or moped to provide a specified disclosure to buyers. This bill would instead require every manufacturer, importer, or seller of a motor-driven cycle, moped, or off-highway electric motorcycle that is powered by an electric motor to provide a specified disclosure to all potential buyers in any advertising, including any online advertising on internet websites or social media. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed, in a prominent location, to each electric bicycle. Existing law requires the label to contain the classification number, top assisted speed, and motor wattage of the electric bicycle, as specified. For electric bicycles, this bill would additionally require the inclusion of the brand name of the electric bicycle and the manufacturer, importer, or distributor. This bill would require manufacturers and distributors of mopeds and motor-driven cycles to affix a certification label, as specified, on or to the permanent member of the vehicle, as specified. The bill would make it unlawful for a person to sell an electric bicycle, moped, or motor-driven cycle in violation of the labeling and disclosure requirements mentioned above. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would prohibit a person from selling or installing an electric bicycle classification label unless the classification label is sold and installed in a physical retailer or bicycle repair shop. The bill would require a retailer and bicycle repair shop of electric bicycles to verify that the classification label matches the electric bicycle class before installing the classification label on an electric bicycle. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would require any incident report filed by a peace officer for an injury or crash involving an electric bicycle, moped, and motor-driven cycle to include specified information or to indicate that a marking or label was not available. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. Existing law prohibits a person from distributing, selling, or leasing a powered mobility device unless the battery for the powered mobility device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272. Existing law requires a charging system advertised, distributed, sold, or leased for use with a particular device, including a powered mobility device, to be certified for use with that device. For these purposes, existing law defines a "powered mobility device" as including, among other devices, a motorized bicycle or moped or an off-highway motorcycle. This bill would remove a motorized bicycle or moped or an off-highway electric motorcycle from the definition of a powered mobility device. The bill would prohibit the distribution, sale, or lease of a moped or off-highway electric motorcycle unless the battery complies with a certain safety standard. The bill would also require a charging system advertised, distributed, sold, or leased for use with a moped or off-highway electric motorcycle to comply with this standard. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law prohibits a person from renting a powered mobility device or its charging system unless the device or charging system has been tested for compliance with ANSI/CAN/UL 2272, as specified. This bill would prohibit a person from renting a moped or off-highway electric motorcycle or its charging system unless the battery for the moped or off-highway electric motorcycle or the charging system complies with a certain safety standard. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified. This bill would specify that mopeds are subject to identification as off-highway motor vehicles. The bill would also prohibit the use, allowing to use, or operation of an off-highway electric motorcycle, motorcycle, motor-driven cycle, or moped powered by an electric motor on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle complies with standards for mopeds and off-highway electric motorcycles, as specified. By creating new crimes related to the operation of off-highway vehicles, this bill would impose a state-mandated local program. Existing law requires a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, or storage battery subject to certain testing to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. This bill would require a manufacturer, importer, distributor, or retailer of a moped, off-highway electric motorcycle, charging system, or storage battery used on a moped or off-highway electric motorcycle to retain documentation and information supporting compliance with any standard required, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law authorizes a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age. This bill would additionally prohibit a person from operating a 2-wheeled or 3-wheeled device powered by an electric motor that is capable of propelling the device at a speed greater than 20 miles per hour on level ground on a highway or public right-of-way when powered solely by the motor unless the device meets the definition of a device that is explicitly defined in, and authorized for use on a highway or public right-of-way by, the Vehicle Code. The bill would authorize a peace officer to remove the vehicle if the vehicle is a 2-wheeled or 3-wheeled unauthorized device being operated by a person on a highway or public right-of-way. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. This bill would make other clarifying and conforming changes. This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by AB 2075 to be operative only if this bill and AB 2075 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12804.9 of the Vehicle Code proposed by AB 1913 to be operative only if this bill and AB 1913 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would make certain provisions described above operative only if AB 2346 is enacted.

Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. This bill would authorize a first responder to contact the county behavioral health agency in the county in which the individual resides or is found to request the agency file a petition to commence the CARE process. The bill would require the agency to review the request and determine whether to file a petition within 30 business days. The bill would require the agency, upon completion of the review, to notify the first responder that made the referral of specified information, including whether or not a petition was filed. Because the bill would require a higher level of service from county agencies, this bill would create a state-mandated local program. This bill would require the department to create a referral form to be used by the first responders and would require the department to issue guidance on the procedure to request that the agency file a petition to commence the CARE process. The bill would also require the agency to include specified data in their annual report to the department. 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 generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the state board to inventory sources of air pollution within the air basins of the state, determine the kinds and quantity of air pollutants, and monitor air pollutants in cooperation with districts and other agencies. Existing law requires the state board to adopt standards of ambient air quality for each air basin in consideration of the public health, safety, and welfare, including, but not limited to, health, illness, irritation to the senses, aesthetic value, interference with visibility, and effects on the economy. Existing law authorizes these standards to vary from one air basin to another. This bill would require the state board, in consultation with specified entities, to develop, as provided, a response framework that establishes best practices and guidance for addressing fugitive and natural sources of hydrogen sulfide gas and for community preparation and response to hydrogen sulfide exposure events originating from these sources. The bill would require the state board, in developing the response framework, to conduct at least 3 public workshops, including at least one located in the Tijuana River Valley region, at least one located in the Salton Sea region, and at least one selected in consultation with a community that has experienced significant hydrogen sulfide exposure. The bill would require the Office of Environmental Health Hazard Assessment to update the acute and chronic reference exposure levels for hydrogen sulfide and to develop additional health guidance values for hydrogen sulfide, if the need is identified by the state board, in consultation with the office, during development of the response framework.

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the county's designation and training of professionals who will be designated to perform the above-described provisions. This bill would instead require a county behavioral health director to establish and implement procedures governing the county's designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. Existing law prohibits operating an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license. If a facility is alleged to be providing those services without a license, existing law requires the department to conduct a site visit to investigate the allegation. Existing law also authorizes the department to conduct announced or unannounced site visits to licensed facilities for the purpose of reviewing them for compliance, as specified. Existing law requires alcohol or other drug programs to be certified by the department, except as specified. Existing law prohibits those programs from operating without a certification. If a program is alleged to be providing services without a certification, existing law requires the department to conduct a site visit to investigate the allegation. Existing law also authorizes the department to conduct announced or unannounced site visits to certified programs for the purpose of reviewing them for compliance, as specified. This bill would require the department to assign a complaint under its jurisdiction regarding a licensed alcohol or other drug recovery or treatment facility or a certified alcohol or other drug program to an analyst for investigation within 10 days of receiving the complaint. If the department receives a complaint that does not fall under its jurisdiction, the bill would require the department, to the extent feasible, to notify the complainant, in writing, that it does not investigate that type of complaint. The bill would require the department to complete an investigation into a complaint regarding a facility within 120 days of assigning the complaint unless the department requires additional resources, as specified, to complete the investigation. Commencing July 1, 2027, and each July 1 thereafter, the bill would require the department to post on its internet website an annual report of the investigations conducted by the department, as specified. The bill would authorize the department to impose a single fee increase for the licensure of facilities and certification of programs, as described above, commensurate with the reasonable cost of preparing and maintaining the report.

Existing law declares that it is in the interest of the people and of the state to ensure that all people have free and convenient access to all library resources and services that might enrich their lives regardless of where they live or of the tax base of their local government. This bill would, beginning January 1, 2028, prohibit a public library from requiring the presence of a parent or guardian for the issuance of a library card to a California resident who is 16 or 17 years of age. The bill would authorize a public library to require a parent's or guardian's consent or signature for the issuance of a library card to a California resident who is 16 or 17 years of age unless the minor is emancipated. To the extent this bill would add to the duties of public libraries, 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, 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 establishes the Department of Transportation in the Transportation Agency. Existing law authorizes the department, subject to approval of the Secretary of Transportation, to enter into an interagency transfer agreement under which a joint powers board assumes responsibility for administering state-funded intercity rail service in certain rail corridors, including the LOSSAN Rail Corridor. Existing law defines the LOSSAN Rail Corridor as the intercity passenger rail corridor between San Diego, Los Angeles, and San Luis Obispo. Pursuant to this authority, the department entered into an interagency transfer agreement with the LOSSAN Rail Corridor Agency to administer intercity passenger rail service in the LOSSAN Rail Corridor. Existing law requires the Secretary of Transportation to convene a working group composed of representatives of certain types of entities, including, among others, representatives from county transportation commissions and metropolitan planning organizations from specified counties. Existing law requires the working group to submit consensus recommendations and feedback in a report to the Legislature on or before February 1, 2026, on various topics relating to rail service in the LOSSAN Rail Corridor. This bill would instead require the working group to submit this report to the Legislature on or before February 1, 2027. By extending the duties of representatives of local agencies, 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, 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.