This is an omnibus bill with 304 sections. Full text is shown for the 19 sections that touch planning and zoning law, this navigator’s sections, or uncodified provisions; the other 285 are listed by heading only. Full bill text on leginfo ↗
The heading of Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code is amended to read:
The heading of Division 8.6 (commencing with Section 22970) of the Business and Professions Code is amended to read:
The heading of Chapter 16 (commencing with Section 67380) of Part 40 of Division 5 of Title 3 of the Education Code, as renumbered by Section 9 of Chapter 8 of the Statutes of 1993, is amended and renumbered to read:
The heading of Article 5 (commencing with Section 8585) of Chapter 7 of Division 1 of Title 2 of the Government Code is amended to read:
Section 65057 of the Government Code is amended to read:
Earlier text of § 65057 is not compiled in this navigator, so changes are not marked.
The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016.
The office shall develop, implement, and evaluate demonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following:
The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients.
The depth and breadth of data available in the disease focus areas across institutions.
The prospects for efficient and effective data integration and analysis.
The expertise of potential team members.
The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding.
The clinical and commercial potential of the project.
The potential to reduce health disparities.
The potential to scale and leverage multiple electronic health records systems.
The potential to develop the use of tools, measurements, and data, including publicly generated and available data.
A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine:
The application of precision medicine to specific disease areas.
The challenges of system interoperability.
Economic analysis.
Standards for sharing data or protocols across institutions.
The federal and state regulatory environment.
The clinical environment.
Challenges relating to data, tools, and infrastructure.
The protection of privacy and personal health information.
The potential for reducing health disparities.
Methods and protocols for patient engagement.
The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion.
On or before January 1, 2017, and annually thereafter, the office shall submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed.
A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795.
The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects.
The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section.
The office shall create and post on a publicly available Internet Web site guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following:
Eligibility requirements.
A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators.
A comprehensive peer-reviewed selection process.
Requirements regarding the use of awarded funds.
Requirements regarding the use and sharing of research data and findings.
Requirements for the protection of privacy and personal health information.
The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section.
The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research.
The office may receive nonstate funds in furtherance of the initiative. “In furtherance of the initiative” means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2020.
Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office.
Up to 10 percent of any amount appropriated to the office for precision medicine may be used by the office for administrative costs.
The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration.
Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section.
Prior to the selection committee’s deliberative process, the office shall notify the Legislature of the selection of the committee members.
The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections.
The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the Internet Web site created in subdivision (e).
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action.
Section 65073 of the Government Code is amended to read:
Earlier text of § 65073 is not compiled in this navigator, so changes are not marked.
The department shall consult with, coordinate its activities with, and make a draft of its proposed plan, and each update, available for review and comment to the California Transportation Commission, the Strategic Growth Council, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the air quality management districts, public transit operators, and the regional transportation planning agencies. The department shall also provide an opportunity for input by the general public. Prior to adopting the plan or update, the department shall make a final draft available to the Legislature and Governor for review and comment. The commission may present the results of its review and comment to the Legislature and the Governor. The Governor shall adopt the plan and submit the plan to the Legislature and the Secretary of the United States Department of Transportation.
Section 65850.6 of the Government Code is amended to read:
Earlier text of § 65850.6 is not compiled in this navigator, so changes are not marked.
A colocation facility shall be a permitted use not subject to a city or county discretionary permit if it satisfies the following requirements:
The colocation facility is consistent with requirements for the wireless telecommunications colocation facility pursuant to subdivision (b) on which the colocation facility is proposed.
The wireless telecommunications colocation facility on which the colocation facility is proposed was subject to a discretionary permit by the city or county and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications colocation facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code); the requirements of Section 21166 do not apply; and the colocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
A wireless telecommunications colocation facility, where a subsequent colocation facility is a permitted use not subject to a city or county discretionary permit pursuant to subdivision (a), shall be subject to a city or county discretionary permit issued on or after January 1, 2007, and shall comply with all of the following:
City or county requirements for a wireless telecommunications colocation facility that specifies types of wireless telecommunications facilities that are allowed to include a colocation facility, or types of wireless telecommunications facilities that are allowed to include certain types of colocation facilities; height, location, bulk, and size of the wireless telecommunications colocation facility; percentage of the wireless telecommunications colocation facility that may be occupied by colocation facilities; and aesthetic or design requirements for the wireless telecommunications colocation facility.
City or county requirements for a proposed colocation facility, including any types of colocation facilities that may be allowed on a wireless telecommunications colocation facility; height, location, bulk, and size of allowed colocation facilities; and aesthetic or design requirements for a colocation facility.
State and local requirements, including the general plan, any applicable community plan or specific plan, and zoning ordinance.
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) through certification of an environmental impact report, or adoption of a negative declaration or mitigated negative declaration.
The city or county shall hold at least one public hearing on the discretionary permit required pursuant to subdivision (b) and notice shall be given pursuant to Section 65091, unless otherwise required by this division.
For purposes of this section, the following definitions apply:
“Colocation facility” means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications colocation facility.
“Wireless telecommunications facility” means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.
“Wireless telecommunications colocation facility” means a wireless telecommunications facility that includes colocation facilities.
The Legislature finds and declares that a colocation facility, as defined in this section, has a significant economic impact in California and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, but is a matter of statewide concern.
With respect to the consideration of the environmental effects of radio frequency emissions, the review by the city or county shall be limited to that authorized by Section 332(c)(7) of Title 47 of the United States Code, or as that section may be hereafter amended.
Section 66474.02 of the Government Code is amended to read:
Earlier text of § 66474.02 is not compiled in this navigator, so changes are not marked.
Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Section 51177, a legislative body of a county shall, except as provided in subdivision (b), make the following three findings:
A finding supported by substantial evidence in the record that the design and location of each lot in the subdivision, and the subdivision as a whole, are consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code.
A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:
A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity.
The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.
A finding that, to the extent practicable, ingress and egress for the subdivision meet the regulations regarding road standards for fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and any applicable local ordinance.
Subdivision (a) does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are 40 acres or smaller in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All other structures shall comply with defensible space requirements described in Section 51182 of this code or Section 4291 of the Public Resources Code.
Any later approval to remove a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, that would allow the development of a building or structure for a parcel that has previously been exempted from the requirements of subdivision (a) pursuant to paragraph (1) of this subdivision shall be subject to the requirements of subdivision (a).
This section does not supersede regulations established by the State Board of Forestry and Fire Protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section.
The heading of Article 2 (commencing with Section 1285) of Chapter 2 of Part 4 of Division 2 of the Labor Code is repealed.
The heading of Article 2 (commencing with Section 1390) of Chapter 3 of Part 4 of Division 2 of the Labor Code is repealed.
The heading of Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code is amended to read:
Section 41501 of the Vehicle Code, as added by Section 12.5 of Chapter 216 of the Statutes of 2010, is repealed.
The heading of Chapter 12.9 (commencing with Section 18986.40) of Part 6 of Division 9 of the Welfare and Institutions Code, as added by Section 4 of Chapter 1205 of the Statutes of 1991, is amended and renumbered to read:
The heading of Chapter 12.95 (commencing with Section 18986.50) of Part 6 of Division 9 of the Welfare and Institutions Code, as added by Section 2 of Chapter 970 of the Statutes of 1993, is amended and renumbered to read:
The heading of Chapter 12.86 (commencing with Section 18987.6) of Part 6 of Division 9 of the Welfare and Institutions Code is amended to read:
Section 5 of Chapter 10 of the Statutes of 2016 is amended to read:
Sec. 5. (a) (1) The Department of Toxic Substances Control shall post on its Internet Web site all of the following:
(A) The number of access agreements signed.
(B) The number of properties sampled.
(C) The number of properties remediated or cleaned up.
(2) The Department of Toxic Substances Control shall update the numbers posted pursuant to paragraph (1) at least twice a month.
(b) At the Department of Toxic Substances Control’s presentation of its proposed budget, the department shall provide to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a report that addresses all of the following:
(1) An update on the cleanup activities near the Exide Technologies facility in the City of Vernon, California, including a summary of the environmental review of the cleanup activities.
(2) The number of properties sampled and a summary of the findings, which may be broken down in the approximate number of residences in priority 1, 2, and 3.
(3) The number of properties that have been remediated or cleaned up.
(4) The number of access agreements signed.
Section 1 of Chapter 283 of the Statutes of 2016 is amended to read:
Section 1. The Legislature finds and declares the following:
(a) In 2014 Congress enacted the federal Protecting Access to Medicare Act of 2014.
(b) Under the Protecting Access to Medicare Act of 2014, eight states will be selected to have their federal share of costs increased to 65 percent for two years for outpatient behavioral health care for individuals with severe mental illnesses or serious emotional disturbances.
(c) This federal funding would free up substantial funds in participating counties that are currently being used to match federal funds. The money that is currently being used to match federal funds would be available to be used to meet the mental health service and housing needs of those individuals who are not currently receiving the behavioral health care that they need.
(d) In October 2015, the United States Secretary of Health and Human Services awarded California a planning grant pursuant to Section 223 of the federal Protecting Access to Medicare Act of 2014, which partially supported California in, among other things, developing its proposal to participate in the two-year demonstration program.
(e) California is among 24 states competing to be one of the eight states chosen to participate in the two-year demonstration program.
(f) The Mental Health Services Act was approved by voters in 2004 for the primary purpose of addressing unmet mental health needs.
(g) It is an appropriate use of Mental Health Services Act funds to support California’s application to participate in this demonstration program, including by using these funds to prepare actuarial rates and provide technical assistance to counties seeking to become certified community behavioral health centers.
(h) This act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.
Section 3 of Chapter 535 of the Statutes of 2016 is amended to read:
Sec. 3. (a) The Legislature finds and declares that the changes made by this act to Section 987.005 of the Military and Veterans Code are necessary in order to provide a safe environment to female veterans who have been subject to, among others, sexual abuse, harassment, or domestic violence. Providing a gender-specific treatment and housing community to address the needs of at-risk veterans who have been sexually abused or physically abused while in service or thereafter is necessary for purposes of treatment and recovery. It is, therefore, necessary that these facilities be focused on “women-only” treatment and services with a focus on treatment related to sexual abuse, harassment, or domestic violence, which may be distinct from other treatment or services that other veterans may be seeking under similar provisions, such as for nonmilitary sexual trauma related post-traumatic stress disorder (PTSD) or job placement.
(b) In that respect, the Legislature finds and declares that providing gender-specific treatment and housing pursuant to this act serves a compelling state interest, which interest is providing the best possible treatment to female veterans who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans. The Legislature finds and declares that providing separate facilities distinct from the norm of multifamily housing is substantially related to the achievement of those objectives.
(c) The Legislature further finds and declares all of the following:
(1) There are over 200,000 active duty women in the United States Armed Forces making up approximately 15 percent of active duty personnel. With most military occupations now open to women, it is expected their ranks will continue to grow.
(2) With approximately two million female veterans nationwide, women veterans make up only about 10 percent of the over 21 million veterans nationwide.
(3) California has the second highest female veteran population in the country, with over 164,000 female veterans calling California home.
(4) The United States Department of Veterans’ Affairs (VA) national screening program has reported that about one in four women respond they have experienced Military Sexual Trauma (MST) when screened by their VA provider, and the National Center on Family Homelessness has found that female veterans experience sexual assault after their military service at 12 times the rate of the general civilian female population.
(5) Women who are assaulted, raped, or sexually harassed during their military service suffer mental effects of their MST for years after leaving the military, are at a higher risk of developing PTSD than those who are not assaulted, and are disproportionately at risk of becoming homeless after separating from military service.
(6) Ensuring that there is adequate housing for MST victims should be a primary goal of the Department of Veterans Affairs, the Department of Housing and Community Development, and the California Housing Finance Agency as they administer the Veterans Housing and Homelessness Prevention Program enacted by Proposition 41. Effectively housing and treating this population will require acknowledging that victims of MST have unique needs that cannot be adequately treated through the traditionally male-centric housing and services that are available.
(7) Female veterans with PTSD have reported that women-centered treatment is the most important factor contributing to their comfort with VA services. Due to the great majority of veterans being male, most veteran-only housing is occupied by male veterans and most services are utilized by male veterans. This situation deters many MST victims from seeking veteran-only housing because the male dominated living environment triggers the experience of being in the male dominated military where the rape, assault, or harassment occurred. As such, female veterans who are victims of MST do not, as a practical matter, have equal access to veteran-only housing and services that treat MST.
(8) PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA). According to the United States Department of Justice Civil Rights Division, PTSD can also be recognized as a disability under the federal Fair Housing Act. As California’s Fair Employment and Housing Act is intended to conform to federal law, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation that allows them to enjoy veteran-only housing under this act. Access to women’s only housing and supportive services for victims of MST shall be considered a reasonable accommodation under this act and is critical in this narrow circumstance to address the needs of this small and vulnerable population.
Sections 26, 85, and 281 to 287, inclusive, of this act shall not become operative if any of Sections 281, 282, and 284 to 287, inclusive, of this act do not become operative pursuant to Section 294 of this act or Section 9605 of the Government Code.
SEC. 305. Any section of any act enacted by the Legislature during the 2017 calendar year that takes effect on or before January 1, 2018, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.
Bill text is the chaptered version from LegiScan (California Legislature); spacing is normalized. Code section text in a bill is the text that bill chaptered, not necessarily the law in effect today. Not legal advice.