The people of the State of California do enact as follows:

SECTION 1.
Section 1212 of the Health and Safety Code is amended to read:
1212.
(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following:
(1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made.
(2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof.
(3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder.
(4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department.
(5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts.
(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience.
(7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic.
(8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged.
(9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients:
(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles.
(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code.
(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system.
(b) (1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter.
(2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit.
(c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics.
(d) (1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department.
(2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant.
(3) The written notification shall demonstrate compliance with all of the following criteria:
(A) There is a single governing body for all the facilities maintained and operated by the licensee.
(B) There is a single administration for all the facilities maintained and operated by the licensee.
(C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations.
(D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3.
(E) The additional physical plant meets fire clearance standards.
(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation:
(A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director.
(B) The name and address of, and the hours of operation and services provided by, the additional physical plant.
(C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee.
(5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license.
(6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.


The people of the State of California do enact as follows:

SECTION 1.
Section 23151 of the Revenue and Taxation Code is amended to read:
23151.
(a) With the exception of banks and financial corporations, every corporation doing business within the limits of this state and not expressly exempted from taxation by the provisions of the Constitution of this state or by this part, shall annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, to be computed at the rate of 7.6 percent upon the basis of its net income for the next preceding income year, or if greater, the minimum tax specified in Section 23153.
(b) For calendar or fiscal years ending after June 30, 1973, the rate of tax shall be 9 percent instead of 7.6 percent as provided by subdivision (a).
(c) For calendar or fiscal years ending in 1980 to 1986, inclusive, the rate of tax shall be 9.6 percent.
(d) For calendar or fiscal years ending in 1987 to 1996, inclusive, and for any income year beginning before January 1, 1997, the tax rate shall be 9.3 percent.
(e) For any income year beginning on or after January 1, 1997, the tax rate shall be 8.84 percent. The change in rate provided in this subdivision shall be made without proration otherwise required by Section 24251.
(f) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following:
(A) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153.
(B) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153.
(2) Except as provided in paragraph
(1),
(1) and subdivision (g),
for taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153.
(g) (1) For taxable years beginning on or after January 1, 2015, the tax imposed under this section upon a publicly held corporation, as defined in Section 162(m)(2) of the Internal Revenue Code, relating to publicly held corporation, shall be a tax according to or measured by net income, to be computed at the applicable tax rate upon the basis of the net income for that taxable year, as determined by paragraph (2), but not less than the minimum tax specified in Section 23153.
(2) The applicable tax rate shall be determined as follows:
If the compensation ratio is:
The applicable tax rate is:
Over zero but not over 25
7% upon the basis of net income
Over 25 but not over 50
7.5% upon the basis of net income
Over 50 but not over 100
8% upon the basis of net income
Over 100 but not over 150
9% upon the basis of net income
Over 150 but not over 200
9.5% upon the basis of net income
Over 200 but not over 250
10% upon the basis of net income
Over 250 but not over 300
11% upon the basis of net income
Over 300 but not over 400
12% upon the basis of net income
Over 400
13% upon the basis of net income
(3) For purposes of this subdivision:
(A) “Client employer” means an individual or entity that receives workers to perform labor or services within the usual course of business of the individual or entity from a labor contractor.
(B) (i) “Compensation,” in the case of employees of the taxpayer, other than the chief operating officer or the highest paid employee, means wages as defined in Section 3121(a) of the Internal Revenue Code, relating to wages, paid by the taxpayer during a calendar year to employees of the taxpayer.
(ii) “Compensation,” in the case of the chief operating officer or the highest paid employee of the taxpayer, means total compensation as reported in the Summary Compensation Table reported to the United States Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission.
(C) (i) “Compensation ratio” for a taxable year means a ratio where the numerator is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year and the denominator is the amount equal to the median compensation of all employees employed by the taxpayer, including all contracted employees under contract with the taxpayer, in the United States for the calendar year preceding the beginning of the taxable year.
(ii) For taxpayers that are required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the calculation of the ratio in clause (i) shall be made by treating all taxpayers that are required to be or authorized to be included in a combined report as a single taxpayer.
(D) “Contracted employee” means an employee who works for a labor contractor.
(E) “Labor contractor” means an individual or entity that contracts with a client employer to supply workers to perform labor or services or otherwise provides workers to perform labor or services within the usual course of business for the client employer.
(4) A taxpayer subject to this subdivision shall furnish a detailed compensation report to the Franchise Tax Board with its timely filed original return.
(5) (A) If the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year and the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business in this state during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero.
(B) For purposes of this paragraph:
(i) “Annual full-time equivalent” means either of the following:
(I) In the case of a full-time employee paid hourly qualified wages, “annual full-time equivalent” means the total number of hours worked for the qualified taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000.
(II) In the case of a salaried full-time employee, “annual full-time equivalent” means the total number of weeks worked for the qualified taxpayer by the employee divided by 52.
(ii) “Foreign full-time employee” means a full-time employee of the taxpayer that is employed at a location other than the United States.
(iii) “Full-time employee” means an employee of the taxpayer that satisfies either of the following requirements:
(I) Is paid compensation by the taxpayer for services of not less than an average of 30 hours per week.
(II) Is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment, within the meaning of Section 515 of the Labor Code.
(6) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this subdivision, including any guidelines regarding the determination of wages, average compensation, and compensation ratio. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this subdivision.
SEC. 2.
This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.


The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) According to the 2016 report of the Public Policy Institute of California entitled California’s Future: Health Care, significant health disparities exist among socioeconomic, racial, ethnic, and regional groups in California. African Americans and persons with a high school education or less have significantly lower life expectancies than other groups of people, and individuals in some regions of the state or in particular communities face other significant health obstacles.
(b) The ability to translate medical findings from research to practice relies largely on having robust patient participation and a diverse participation pool. A low participation rate or a homogenous participant group prevents segments of the population from benefiting from advances achieved through clinical research and creates uncertainties over the applicability of research findings. Diverse patient participation in a clinical trial depends, in part, on whether a participant can afford ancillary costs like transportation, child care, or lodging during the course of his or her participation. A national study in 2015 found that patient households making less than $50,000 annually were almost 30 percent less likely to participate in clinical trials. This disparity threatens one of the most basic ethical underpinnings of clinical research, the requirement that the benefits of research be made available equitably among all eligible individuals.
(c) California is home to the following 10 National Cancer Institute-Designated Cancer Centers that perform cancer clinical trials research:
(1) University of California, Irvine, Chao Family Comprehensive Cancer Center.
(2) City of Hope Comprehensive Cancer Center.
(3) University of California, Los Angeles, Jonsson Comprehensive Cancer Center.
(4) Salk Institute Cancer Center.
(5) Sanford Burnham Prebys Medical Discovery Institute.
(6) Stanford Cancer Institute.
(7) University of California, Davis, Comprehensive Cancer Center.
(8) University of California, San Diego, Moores Cancer Center.
(9) University of California, San Francisco, Helen Diller Family Comprehensive Cancer Center.
(10) University of Southern California, Norris Comprehensive Cancer Center.
(d) Cancer is the cause of almost one in four deaths in California. It is the second leading cause of death for Californians and the primary cause of death among Californian Asian/Pacific Islanders. A Californian will be diagnosed with cancer approximately every four minutes, and every 10 minutes a Californian will die of cancer. African American Californians in particular face disproportionally higher rates of cancer incidence and mortality compared to other races and ethnicities.
(e) Addressing barriers faced by medically underserved and underrepresented individuals in cancer and other clinical trials and improving access to survivorship resources and services through partnerships with hospitals, regional and community cancer centers, and nonprofit organizations are some of the strategies recommended by the California Dialogue on Cancer, established in 2002 by California’s Comprehensive Cancer Control Program to reduce the burden of cancer in California.
(f) According to the National Cancer Institute Cancer Clinical Trials Resource Guide, some of the barriers preventing individuals with cancer or at high risk of developing cancer from participating in clinical trials are direct and indirect financial and personal costs, including travel and child care expenses.
(g) It is the finding of the Legislature that some corporations, individuals, public and private foundations, health care providers, and other stakeholders are hesitant to contribute to, or accept funds from, programs that are organized to alleviate financial burdens faced by patients who wish to participate in clinical trials and their caregivers, due to concerns that federal regulators would view the payments made from those funds as prohibited inducements for patients to receive the health care services provided during clinical trials.
(h) It is the intent of the Legislature to enact legislation that would establish a program to authorize business, industry, public and private foundations, individuals, and other stakeholders to donate to the program described in this act, as well as to other nonprofit corporations and public charities that specialize in the enrollment, retention, and increased participation of patients in cancer clinical trials.
(i) It is the intent of the Legislature to enact legislation that would establish a program to better enable donors willing to assist clinical research participants that have documented low levels of access to health services or participation in clinical trials, face financial barriers to participation in clinical trials, or have been identified as priorities for health services, to participate in clinical trials by supporting ancillary costs to boost participation rates among the research participant populations, ensure these trials are widely accessible, improve the development of therapies, and enhance innovation. It is the intent of the Legislature that this program eliminate barriers to the participation of all patients, regardless of socioeconomic status, in clinical trials.
SEC. 2.
Part 7 (commencing with Section 101990) is added to Division 101 of the Health and Safety Code, to read:
PART 7. California Cancer Clinical Trials Program
101990.
For purposes of this part, the following definitions shall apply:
(a) “Board” means the Board of Trustees of the California Cancer Clinical Trials Program.
(b) “Eligible cancer clinical trial” means a clinical trial, as defined in Section 300gg-8(d) of Title 42 of the United States Code, that is conducted in the state, that targets cancer, and that is regulated by the United States Food and Drug Administration.
(c) “Fund” or “clinical trials fund” refers to a fund established by or on behalf of the program administrator to support the program.
(d) “Program” means the California Cancer Clinical Trials Program.
(e) “Program administrator” means the institute or office designated by the University of California pursuant to subdivision (a) of Section 101991.
(f) “Program grant recipient” means an organization that receives support from the fund to carry out the purposes of this part.
(g) “University” means the University of California.
101991.
The university is hereby requested to do all of the following:
(a) Establish or designate an institute or office within the university to administer the program.
(b) Establish the board, to consist of at least five members, appointed by the president of the university to represent institutions and individuals performing, participating in, and supporting eligible cancer clinical trials in California.
(1) The members shall have varying backgrounds to promote the purposes of this part.
(2) The board shall be qualified through the experience, expertise, and diversity of its members in the design, implementation, and support of clinical trials, and through studying and addressing socioeconomic, ethnic or racial, regional, and other barriers to participation and interventions to remove those barriers.
(3) Efforts shall be made to include representatives of a range of public and private research institutions, health care providers, health care foundations, and patient advocacy organizations.
(4) All persons appointed to the board shall have an interest in increasing and diversifying access to eligible cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing and diversifying access to clinical trials as provided in this part.
(5) Members of the board shall serve without compensation. A board member shall be reimbursed for any actual, necessary, and reasonable expenses incurred in connection with his or her duties as a board member.
(6) (A) The program administrator may adjust administrative costs available for use in the program based on the size of the program and the funds that are received.
(B) Notwithstanding subparagraph (A), the program administrator shall use no more than 20 percent of the funds that are made available for the program for administrative costs.
(C) Notwithstanding subparagraph (B), in the first year of the program, the program administrator may use more than 20 percent of the funds for administrative costs, in order to fund the costs of establishing the program.
(c) Publicize to National Cancer Institute-Designated Cancer Centers, community organizations, hospitals, hospital associations, industry, health care foundations, and government agencies, the opportunity to submit nominations for board membership to the president of the university.
(d) Publicize the availability of grants made available through the program to organizations described in subdivision (a) of Section 101994.5.
101992.
(a) The university may participate in the program as the program administrator, a beneficiary, or both.
(b) Prior to establishing the program, the university may pursue any federal, state, or internal approvals, authorizations, or advice it deems necessary to the university’s participation.
(c) The university may decline to establish or participate in the program.
(d) The university may terminate the program if it determines that the program is not viable.
101993.
(a) The program administrator, directly or through a university-affiliated foundation, may solicit funds from business, industry, foundations, research organizations, federal government agencies, individuals, and other private sources for the purpose of administering the program and awarding grants to increase patient access to clinical trials targeting cancer, consistent with guidelines established by the board.
(b) (1) Subject to paragraph (2), only funds from federal or private sources may be used to administer the program or award grants.
(2) The university may use its own state source funds for oversight and administration of the program relating to the initial start-up costs of the program only, provided the university is reimbursed from federal or private sources funds.
101993.5.
Any funds, personnel, facility, equipment, or other resources that are allocated by the university to establish and operate the program shall be reimbursed to the university, from moneys donated to the fund, prior to distribution by the program of any grants to any entity that is designated under subdivision (a) of Section 101994.5.
101994.
Upon the program administrator’s receipt of at least five hundred thousand dollars ($500,000) in funding for the program, the program administrator shall establish the fund and the Cancer Clinical Trials Grant Program to increase patient access to eligible cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities and socioeconomically disadvantaged communities.
101994.5.
(a) The board shall determine the criteria to award and administer grants to support program grant recipients. The board may award grants to any or all of the following:
(1) Public and private research institutions and hospitals that conduct eligible cancer clinical trials.
(2) Nonprofit organizations that are exempt from taxation under Section 501(c) of the Internal Revenue Code and that do either of the following:
(A) Specialize in direct patient support for improved clinical trial enrollment and retention.
(B) Engage in research on health disparities and their relationship to clinical trial enrollment.
(b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to eligible cancer clinical trials, including, but not limited to, any of the following:
(1) Patient navigator services or programs.
(2) Education and community outreach.
(3) Patient-friendly technical tools to assist patients in identifying available clinical trials.
(4) Counseling services for clinical trial participants.
(5) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management.
(6) Payment of ancillary costs for patients and caregivers, including, but not limited to, all of the following during and related to participation in the clinical trial:
(A) Airfare.
(B) Lodging.
(C) Rental automobile and fuel for the automobile.
(D) Local public transportation by bus, train, or other public transportation.
(E) Meals.
(F) Dependent child care.
(7) Research on the effectiveness of these and other measures to increase patient access to clinical trials.
(c) When determining program grant recipients pursuant to subdivision (a), the board is encouraged to grant special consideration to public or nonprofit applicants that provide patient services related to cancer clinical trials that address health disparities or that possess two or more years’ experience in the improvement of enrollment, retention, or participation in cancer clinical trial participation with an emphasis on underserved populations.
101995.
(a) The program administrator shall require grantees to submit any reports it deems necessary to ensure the appropriate use of funds consistent with the purposes of this part and the terms of any grant awards.
(b) The university may require the board to submit reports pertaining to the program’s and the board’s activities to the Regents of the University of California, including, but not limited to, the following information:
(1) An accounting of funds collected and expended.
(2) An evaluation of the program.
(3) Recommendations regarding the program.
101996.
(a) If the university determines at any time that the moneys in the fund are insufficient to establish or sustain the program, the university may terminate the program.
(b) If the fund does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, or, if at any time, the program administrator determines that the 20 percent limit on administrative costs set forth in subparagraph (B) of paragraph (6) of subdivision (b) of Section 101991 is inadequate to support the cost of administering the program authorized pursuant to this part, the program administrator may elect to dissolve the program.
(c) All moneys in the fund remaining after expenses are paid shall, prior to dissolution, be allocated to one or more organizations described in subdivision (a) of Section 101994.5.
101997.
This part does not preclude the university from establishing or operating one or more similar programs to facilitate participation in any clinical trials, as defined in Section 300gg-8(d) of Title 42 of the United States Code.


The people of the State of California do enact as follows:

SECTION 1.
Section 1797.184 of the Health and Safety Code is amended to read:
1797.184.
The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt all of the following:
(a) Guidelines for disciplinary orders, temporary suspensions, and conditions of probation for EMT-I and EMT-II certificate holders and EMT-P licenseholders that protect the public health and safety.
(b) Regulations for the issuance of EMT-I and EMT-II certificates by a certifying entity that protect the public health and safety.
(c) Regulations for the recertification of EMT-I and EMT-II certificate holders that protect the public health and safety.
(d) Regulations for disciplinary processes for EMT-I and EMT-II applicants and certificate holders that protect the public health and safety. These disciplinary processes shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.
Section 1798.200 of the Health and Safety Code is amended to read:
1798.200.
(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I, EMT-II, or EMT-P may conduct investigations, as necessary, and take disciplinary action against an EMT-I, EMT-II, or EMT-P who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the regulating entity within three days when an allegation has been validated as a potential violation of subdivision (c).
(B) Each employer of an EMT-I, EMT-II, or EMT-P shall notify the regulating entity within three days after the EMT-I, EMT-II, or EMT-P is terminated or suspended for a disciplinary cause, the EMT-I, EMT-II, or EMT-P resigns following notification of an impending investigation based upon evidence that would indicate the existence of a disciplinary cause, or the EMT-I, EMT-II, or EMT-P is removed from EMT-related duties for a disciplinary cause after the completion of the employer’s investigation. The employer of an EMT-P shall provide the regulating entity with all supporting documentation at the time of notification.
(C) At the conclusion of an investigation, the employer may develop and implement, in accordance with the guidelines for disciplinary orders, temporary suspensions, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. Upon adoption of the disciplinary plan, the employer shall submit that plan to the regulating entity within three working days. The employer’s disciplinary plan may include a recommendation that the director consider taking action against the holder’s certificate or license pursuant to paragraph (3).
(2) If an EMT-I, EMT-II, or EMT-P is not employed by an ambulance service licensed by the Department of the California Highway Patrol or a public safety agency, or if that ambulance service or public safety agency chooses not to conduct an investigation pursuant to paragraph (1) for conduct in violation of subdivision (c), the director shall conduct the investigations, and, upon a determination of disciplinary cause, take disciplinary action as necessary against the EMT-I, EMT-II, or EMT-P. At the conclusion of these investigations, the director shall develop and implement, in accordance with the recommended guidelines for disciplinary orders, temporary orders, and conditions of probation adopted pursuant to Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or EMT-P. The director’s disciplinary plan may include action against the holder’s certificate or license pursuant to paragraph (3).
(3) The director may, upon a determination of disciplinary cause and in accordance with regulations for disciplinary processes adopted pursuant to Section 1797.184, deny, suspend, or revoke any EMT-I or EMT-II certificate or EMT-P license issued under this division, or may place an EMT-I or EMT-II certificate holder or EMT-P licenseholder on probation, upon the finding by the director of the occurrence of any of the actions listed in subdivision (c) and the occurrence of one of the following:
(A) The employer, after conducting an investigation, failed to impose discipline for the conduct under investigation, or the director makes a determination that the discipline imposed was not according to the guidelines for disciplinary orders and conditions of probation and the conduct of the EMT-I or EMT-II certificate holder or EMT-P licenseholder constitutes grounds for disciplinary action against the holder’s certificate or license.
(B) Either the employer further determines, after an investigation conducted under paragraph (1), or the director determines after an investigation conducted under paragraph (2), that the conduct requires disciplinary action against the holder’s certificate or license.
(4) The director, after consultation with the employer, may temporarily suspend, prior to a hearing, an EMT-I or EMT-II certificate, an EMT-P license, or a combination thereof upon a determination that both of the following conditions have been met:
(A) The certificate holder or licenseholder has engaged in acts or omissions that constitute grounds for revocation of the EMT-I or EMT-II certificate or EMT-P license.
(B) Permitting the certificate holder or licenseholder to continue to engage in the regulated activity without restriction would pose an imminent threat to the public health or safety.
(5) If the director temporarily suspends a certificate or license, the regulating entity shall notify the certificate holder or licenseholder that his or her certificate or license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the regulating entity, the regulating entity and employer shall jointly investigate the allegation in order for the regulating entity to make a determination of the continuation of the temporary suspension. All investigatory information not otherwise protected by law held by the regulating entity and employer shall be shared between the parties via facsimile transmission or overnight mail relative to the decision to temporarily suspend. The regulating entity shall decide, within 15 calendar days, whether to serve the certificate holder or licenseholder with an accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the certificate holder or licenseholder files a notice of defense, the hearing shall be held within 30 days of the regulating entity’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the regulating entity fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.
(6) The director shall refer, for investigation and discipline, any complaint received on an EMT-I, EMT-II, or EMT-P to the relevant employer within three days of receipt of the complaint, pursuant to subparagraph (A) of paragraph (1) of subdivision (a).
(b) For purposes of this section, the following definitions shall apply:
(1) “Director” means either of the following:
(A) For purposes of EMT-I or EMT-II certificate holders, the medical director of the local EMS agency that has
jurisdiction in the county in which the alleged violation occurred.
jurisdiction.
(B) For purposes of EMT-P licenseholders, the Director of the Emergency Medical Services Authority.
(2) “Regulating entity” means either of the following:
(A) For purposes of EMT-I and EMT-II certificate holders, the local EMS agency that has
jurisdiction in the county in which the alleged violation occurred.
jurisdiction.
(B) For purposes of EMT-P licenseholders, the EMS Authority. When requiring a report or notification regarding an EMT-P, “regulating entity” refers to both the local EMS agency that has
jurisdiction in the county in which the alleged violation occurred
jurisdiction
and the EMS Authority.
(c) Any of the following actions shall be considered evidence of a threat to the public health and safety and may result in the denial, suspension, or revocation of a certificate or license issued under this division, or in the placement on probation of a certificate holder or licenseholder under this division:
(1) Fraud in the procurement of any certificate or license under this division.
(2) Gross negligence.
(3) Repeated negligent acts.
(4) Incompetence.
(5) The commission of any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, and duties of prehospital personnel.
(6) Conviction of any crime that is substantially related to the qualifications, functions, and duties of prehospital personnel. The record of conviction or a certified copy of the record shall be conclusive evidence of the conviction.
(7) Violating or attempting to violate directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this division or the regulations adopted by the authority pertaining to prehospital personnel.
(8) Violating or attempting to violate any federal or state statute or regulation that regulates narcotics, dangerous drugs, or controlled substances.
(9) Addiction to, the excessive use of, or the misuse of, alcoholic beverages, narcotics, dangerous drugs, or controlled substances.
(10) Functioning outside the supervision of medical control in the field care system operating at the local level, except as authorized by any other license or certification.
(11) Demonstration of irrational behavior or occurrence of a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected may be impaired.
(12) Unprofessional conduct exhibited by any of the following:
(A) The mistreatment or physical abuse of any patient resulting from force in excess of what a reasonable and prudent person trained and acting in a similar capacity while engaged in the performance of his or her duties would use if confronted with a similar circumstance. Nothing in this section shall be deemed to prohibit an EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace officer who is acting in the dual capacity of peace officer and EMT-I, EMT-II, or EMT-P, from using that force that is reasonably necessary to effect a lawful arrest or detention.
(B) The failure to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
(C) The commission of any sexually related offense specified under Section 290 of the Penal Code.
(d) The information shared among EMT-I, EMT-II, and EMT-P employers, medical directors of local EMS agencies, the authority, and EMT-I and EMT-II certifying entities shall be deemed to be an investigative communication that is exempt from public disclosure as a public record pursuant to subdivision (f) of Section 6254 of the Government Code. A formal disciplinary action against an EMT-I, EMT-II, or EMT-P shall be considered a public record available to the public, unless otherwise protected from disclosure pursuant to state or federal law.
(e) For purposes of this section, “disciplinary cause” means only an action that is substantially related to the qualifications, functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to the public health and safety described in subdivision (c).
(f) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by Section 832.7 of the Penal Code.
(g) Proceedings against any EMT-P licenseholder shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(h) (1) Pursuant to subdivision (i) of Section 1798.24 of the Civil Code, upon notification to the EMT-P, the EMS Authority may share the results of its investigation pursuant to subdivision (a) with the employer, a prospective employer when requested, in writing, as part of a preemployment background check, or the local EMS agency.
(2) An EMT-P licensee or applicant to whom the information pertains, as set forth in subdivision (a) of Section 1798.24 of the Civil Code, may view the contents of a closed investigation file upon request during the EMS Authority’s regular business hours.
SEC. 3.
Section 1798.201 of the Health and Safety Code is amended to read:
1798.201.
(a)  When information comes to the attention of the medical director of the local EMS agency that an EMT-P licenseholder has committed any act or omission that appears to constitute grounds for disciplinary action under this division, the medical director of the local EMS agency may evaluate the information to determine if there is reason to believe that disciplinary action may be necessary.
(b)  If the medical director sends a recommendation to the authority for further investigation or discipline of the licenseholder, the medical director shall also notify, within three days, the EMT-P’s employer. The recommendation to the authority and the notification sent to the employer shall include all documentary evidence collected by the medical director in evaluating whether or not to make that recommendation. The recommendation and accompanying evidence shall be deemed in the nature of an investigative communication and be protected by Section 6254 of the Government Code. In deciding what level of disciplinary action is appropriate in the case, the authority shall consult with the medical director of the local EMS agency.
SEC. 4.
Section 1798.202 of the Health and Safety Code is amended to read:
1798.202.
(a)  The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, an EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety. When the suspension is initiated by the local EMS agency, subdivision (b) shall apply. When the suspension is initiated by the director of the authority, subdivision (c) shall apply.
(b)  The local EMS agency shall notify the licensee that his or her EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority and the EMT-P’s employer, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency’s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order should not continue, the authority shall immediately notify the licensee and his or her employer that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee and his or her employer of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency’s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)  The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify the director of the local EMS agency, and the relevant employer.
(d)  If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.
SEC. 5.
Section 1799.112 of the Health and Safety Code is repealed.


The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) According to the United States Department of Housing and Urban Development’s report to Congress, 115,738 people were estimated to be homeless in California in 2014, a rate that is unprecedented following a deep and prolonged economic recession, a severe shortage of safe and affordable housing, a failed veteran and civilian mental health system, and a diminished social safety net.
(b) According to the United States Department of Education, 284,086 schoolchildren were known to have experienced homelessness in the 2013–14 school year.
(c) Homelessness is an independent risk factor for a number of illnesses, making people more susceptible to increased health problems due to high stress, sleep deprivation, unsanitary surroundings, lack of access to hygiene facilities, and a myriad of other situational stressors experienced by people without stable housing. Subsequently, people who are chronically homeless are more medically frail and three to four times more likely to die prematurely than their housed counterparts.
(d) Throughout California, local governments have enacted ordinances that make it illegal to rest or receive nourishment in public spaces.
(e) Ending homelessness in California will require significant state and federal resources and there is ample evidence that policies that invest in ending homelessness, rather than criminalizing and marginalizing people who are experiencing homelessness, adequately balance the needs of all parties: community residents, government agencies, businesses, and men and women who are experiencing homelessness.
(f) Passing this act will not reduce homelessness, but neither will local ordinances that criminalize homelessness. Instead, ordinances that criminalize homelessness result in increased incarceration rates and financial indebtedness of people who simply have no means of support and prolong homelessness by making it more difficult for people to secure housing, employment, and medical care. Criminalization policies further marginalize men and women who are experiencing homelessness, fuel inflammatory attitudes, and may even unduly restrict constitutionally protected liberties.
(g) That is why, on September 18, 2015, the United States Department of Housing and Urban Development included in the annual Notice of Funding Availability for the 2015 Continuum of Care Program
funding competition,
Competition
provisions that would award additional points to any application that could include steps the community is taking to reduce criminalization of homelessness.
(h) It is also why, on August 6, 2015, the United States Department of Justice submitted a rare statement of interest in a United States District Court in opposition to the criminalization of people who are homeless, calling it cruel and unusual punishment to punish someone for a crime with the potential for imprisonment and a violation of constitutional rights.
(i) While these ordinances apply to all residents, they disproportionately impact people without homes, who have no private place to rest or seek nourishment, and are often selectively applied by law enforcement to people based upon their appearance or an assumption of homelessness.
(j) In practice, these ordinances deprive persons experiencing homelessness and those who may be perceived as homeless of a safe and legal place to rest and seek nourishment, which adversely impacts their health and well-being.
(k) Sleep deprivation impairs cognitive processes and puts one at risk for obesity, heart disease, heart attack, heart failure, irregular heartbeat, high blood pressure, stroke, diabetes, and depression. People who are homeless suffer from sleep deprivation and, absent a place to rest, they suffer it more frequently.
(l) Because current practices have denied the right to adequate legal representation to people cited or arrested while resting or sharing food, homeless persons are often denied relief or damages through the courts.
(m) Both the federal government, through its Interagency Council on Homelessness, and the United Nations have recognized that discrimination and criminalization violate a homeless person’s human rights and have called upon state and local governments to cease enactment and enforcement of those laws.
(n) Homelessness and the increasing criminalization of homelessness and discrimination against those experiencing homelessness are widespread throughout California and are matters of statewide concern.
(o) Section 1 of Article I of the California Constitution provides that “[a]ll people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy,” without qualification as to whether or not a person is, or appears to be, homeless.
(p) Subdivision (a) of Section 7 of Article I of the California Constitution provides that “[a] person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws ... .”
(q) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her income, housing status, or ability or desire to appear housed. Therefore, it is the intent of the Legislature in enacting this legislation to protect the rights of all Californians, regardless of their housing status, and ameliorate the adverse effects caused by the criminalization of homelessness on our communities and our citizens.
(r) Decriminalization of rest allows municipal governments to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty.
SEC. 2.
Part 2.2 (commencing with Section 53.8) is added to Division 1 of the Civil Code, to read:
PART 2.2. Homeless Persons
53.8.
For purposes of this part, the following definitions shall apply:
(a) “Homeless persons,” “homeless people,” or “persons experiencing homelessness” means those individuals or members of families who lack a fixed, regular, and adequate nighttime residence, including people defined as homeless using the criteria established in the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009.
(b) “Public space” means any property that is owned by a government entity or
any property
upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks.
The ability to rest shall not apply to a public space during a time it is closed to all persons or when a fee is required for entry or use.
(c) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying.
53.81.
(a) It is the intent of the Legislature that this section be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect.
(b) Persons experiencing homelessness shall be permitted to use public space in the ways described in this section at any time that the public space is open to the public without discrimination based upon their housing status, and without being subject to criminal, civil, or administrative penalties. Permitted use of the public space include, but are not limited to, all of the following:
(1) Free movement without restraint.
(2) Sleeping or resting, and protecting oneself from the elements while sleeping or resting in a nonobstructive manner.
(3) Eating, sharing, accepting, or giving food in a space in which having food is not otherwise generally prohibited.
(4) Praying, meditating, worshiping, or practicing religion.
(c) Nothing in this section shall prevent law enforcement from enforcing laws to protect the right of people to use the sidewalk pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(d) Nothing in this section shall prevent law enforcement from enforcing the Penal Code, except subdivision (e) of Section 647 of the Penal Code, so far as it prohibits
rest.
rest in public spaces as defined in subdivision (b) of Section 53.8.
53.82.
(a) Any person whose rights have been violated pursuant to this part may enforce those rights in a civil action.
(b) The court may award appropriate injunctive and declaratory relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory damages, exemplary damages, statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorney’s fees and costs to a prevailing plaintiff.
SEC. 3.
Section 11139.2 is added to the Government Code, to read:
11139.2.
To improve monitoring of discrimination based upon housing status and violations of Part 2.2 (commencing with Section 53.8) of Division 1 of the Civil Code, and to ensure that people who are experiencing homelessness are not unlawfully denied full and equal access to the benefits of state-funded programs or assistance, or unlawfully subjected to discrimination, all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program shall annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness.
Notwithstanding Section 10231.5, the Department of Housing and Community Development shall compile the information regarding community actions to reduce criminalization of homelessness found in those applications and provide an annual report to the Assembly Housing and Community Development Committee and the Senate Transportation and Housing Committee.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


The people of the State of California do enact as follows:

SECTION 1.
Section 21159.21 of the Public Resources Code is amended to read:
21159.21.
A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria:
(a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan.
(b)
Community-level
A community-level
environmental review has been adopted or certified.
(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees.
(d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or
protected
by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For the purposes of this subdivision, “wetlands” has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and “wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.
(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code.
(f) The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
(1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements.
(2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements.
(g) The project does not have a significant effect on historical resources pursuant to Section 21084.1.
(h) The project site is not subject to any of the following:
(1) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard.
(2) An unusually high risk of fire or explosion from materials stored or used on nearby properties.
(3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency.
(4) Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone.
(5) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood.
(i) (1) The project site is not located on developed open space.
(2) For the purposes of this subdivision, “developed open space” means land that meets all of the following criteria:
(A) Is publicly owned, or financed in whole or in part by public funds.
(B) Is generally open to, and available for use by, the public.
(C) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities.
(3) For the purposes of this subdivision, “developed open space” includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.


The people of the State of California do enact as follows:

SECTION 1.
This act shall be known, and may be cited, as the Healthy Food, Healthy Student Act.
SEC. 2.
Section 49430 of the Education Code is amended to read:
49430.
As used in this article, the following terms have the following meanings:
(a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage.
(b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains.
(c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday.
(d) “Deep fried” means a food item that is cooked by total submersion in oil or fat.
(e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6.
(f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza.
(g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher.
(h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive.
(i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive.
(j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying.
(k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday.
(l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday.
(m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables.
(n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus.
SEC. 3.
Section 49430.5 of the Education Code is amended to read:
49430.5.
(a) The reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools included within a school district, charter school, or county office of education shall be twenty-two and seventy-one hundredths cents ($0.2271) per meal, and, for meals served in child care centers and homes, the reimbursement shall be sixteen and ninety-one hundredths cents ($0.1691) per meal.
(b) To qualify for the reimbursement for free and reduced-price meals provided to pupils in elementary, middle, or high schools, a school shall follow the United States Department of Agriculture meal pattern.
(c) The reimbursement rates set forth in this section shall be adjusted annually for increases in cost of living in the same manner set forth in Section 42238.1.
SEC. 4.
Section 49430.7 of the Education Code is amended to read:
49430.7.
(a) For purposes of this section, the following terms have the following meanings:
(1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.
(2) “School” means a school operated and maintained by a school district or county office of education, or a charter school.
(3) “School district” means a school district, charter school, or county office of education.
(b) As a condition of receipt of funds pursuant to Section 49430.5, commencing with the 2007–08 fiscal year, for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions:
(1) Follow the United States Department of Agriculture meal pattern.
(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district.
(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.
(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.
(c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines:
(1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern.
(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program.
(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.
(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.
(d) As a condition of receipt of funds pursuant to Section 49430.5, schools and school districts shall provide the department with an annual certification of compliance with the provisions of this section.
(e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute.
SEC. 5.
Section 49431 of the Education Code is amended to read:
49431.
(a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards:
(1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.
(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.
(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.
(4) Contains less than 0.5 grams of trans fat per serving.
(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.
(6) Contains not more than 200 calories per individual food item.
(b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances:
(1) The sale of those items takes place off of and away from school premises.
(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5.
SEC. 6.
Section 49431.2 of the Education Code is amended to read:
49431.2.
(a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards:
(1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination.
(2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination.
(3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination.
(4) Contains less than 0.5 grams of trans fat per serving.
(5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil.
(6) Contains not more than 200 calories per individual food item.
(b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards:
(A) Contains not more than 400 calories per entrée item.
(B) Not more than 35 percent of its total calories shall be from fat.
(C) Contains less than 0.5 grams trans fat per serving.
(D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program.
(2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards:
(A) Not more than 35 percent of its total calories shall be from fat.
(B) Less than 10 percent of its calories shall be from saturated fat.
(C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar.
(D) Contains less than 0.5 grams of trans fat per serving.
(E) Contains not more than 480 milligrams of sodium.
(F) Contains not more than 350 calories.
(c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances:
(1) The sale of those items takes place off of and away from school premises.
(2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section.
SEC. 7.
Section 49431.5 of the Education Code is amended to read:
49431.5.
(a) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following:
(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.
(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.
(C) Plain water or plain carbonated water.
(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school.
(E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.
(2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances:
(A) The sale of those items takes place off and away from the premises of the school.
(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following:
(A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces.
(B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces.
(C) Plain water or plain carbonated water.
(D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces.
(E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.
(F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.
(G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.
(H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces.
(I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed.
(J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances.
(4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria:
(A) The sale of those items takes place off and away from the premises of the school.
(B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday.
(b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section.
(c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived.
SEC. 8.
Section 49431.7 of the Education Code is amended to read:
49431.7.
(a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b).
(b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving.
(c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program.
SEC. 9.
Section 49432 of the Education Code is amended to read:
49432.
Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations.
SEC. 10.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.


The people of the State of California do enact as follows:

SECTION 1.
Section 11834.02 of the Health and Safety Code is amended to read:
11834.02.
(a)  As used in this chapter, “alcoholism or drug abuse recovery or treatment facility or facilities,” “facility,” or “facilities” means any premises, place, or building that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.
(b)  As used in this chapter, “adults” may include, but is not limited to, all of the following:
(1)  Mothers over 18 years of age and their children.
(2)  Emancipated minors, which may include, but is not limited to, mothers under 18 years of age and their children.
(c)  As used in this chapter, “emancipated minors” means persons under 18 years of age who have acquired emancipation status pursuant to Section 7002 of the Family Code.
(d) As used in this chapter, “integral facilities” means any combination of two or more facilities located on the same or different parcels that collectively serve seven or more persons, not including the licensee or members of the licensee’s family or persons employed as facility staff, and that are under the control or management of the same owner, operator, management company, or licensee, or any affiliate of any of them, or which together comprise one operation or enterprise. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service at another facility or facilities, or by assigning staff or a consultant to provide services to or in more than one facility.
(e) Notwithstanding subdivision (a), an alcoholism or drug abuse recovery or treatment facility may serve adolescents upon the issuance of a waiver granted by the department pursuant to regulations adopted under subdivision (c) of Section 11834.50.
SEC. 2.
Section 11834.09 of the Health and Safety Code is amended to read:
11834.09.
(a) Upon receipt of a completed written application, fire clearance, and licensing fee from the prospective licensee, and subject to the department’s review and determination that the prospective licensee can comply with this chapter and regulations adopted pursuant to this chapter, the department shall issue a single license to the following types of alcoholism or drug abuse recovery or treatment facilities:
(1) A residential facility, other than integral facilities.
(2) Integral facilities, as defined in subdivision (d) of Section 11834.02.
(b) Failure to submit a completed written application, fire clearance, and payment of the required licensing fee in a timely manner shall result in termination of the department’s licensure review and shall require submission of a new application by the prospective licensee.
(c) Failure of the prospective licensee to demonstrate the ability to comply with this chapter or the regulations adopted pursuant to this chapter shall result in departmental denial of the prospective licensee’s application for licensure.
SEC. 3.
Section 11834.20 of the Health and Safety Code is amended to read:
11834.20.
(a) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need.
(b) (1)
It shall be presumed that local need is satisfied, and the department shall
For any licensing application submitted on or after January 1, 2017, the department may
deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration.
(2) As used in this section, “overconcentration” means that if a new license is issued, two or more alcoholism or drug abuse recovery or treatment facilities will be separated by a distance of 300 feet or less, as measured from the nearest property line on which an existing facility is located to the nearest property line of the proposed facility. The siting of facilities that combine to form integral facilities within 300 feet of one another shall not result in overconcentration.
(3)
Notwithstanding paragraphs (1) and (2), based
Based
on special local needs and conditions, the department may approve a separation distance of less than 300 feet if the proximity of facilities to one another would not conflict with regulations of the city or county in which the proposed facility will be located.
(c) Any city or county may request denial of the license applied for on the basis of an overconcentration of facilities.
(d) At least 45 days prior to approving any application for a new facility, the department or county licensing agency shall notify in writing the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(e) The provisions of this article apply equally to any chartered city, general law city, county, city and county, district, and any other local public entity.
(f) For the purposes of this article, “six or fewer persons” does not include the licensee or members of the licensee’s family or persons employed as facility staff.
SEC. 4.
Section 11834.23 of the
Health and Safety Code
is amended to read:
11834.23.
(a)Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this article.
(b)For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence.
(c)This section shall not be construed to forbid a city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.
(d)This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings.
(e)No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility that serves six or fewer persons that is not required of a single-family residence in the same zone.
(f)Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents.
(g)This section shall not apply to integral facilities, as defined in subdivision (d) of Section 11834.02.
(h)A city, county, or city and county whose application of zoning ordinances to a licensed alcoholism or drug abuse recovery or treatment facility is restricted by this section is an interested party with standing to pursue any available administrative appeals or otherwise seek judicial review of the licensing decision of the department and enforce the provisions of this chapter.
SEC. 5.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.