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Safety and Public Health

By Brian Cardile | Jan. 10, 2018

Jan. 10, 2018

Safety and Public Health

• AB 40 (Santiago) Requires the California Department of Justice (DOJ) to make electronic prescription drug records contained in its Controlled Substance Utilization Review and Evaluation System (CURES) accessible through integration with a health information technology system no later than October 1, 2018, if that system meets certain information security and patient privacy requirements.

An act to amend Section 11165.1 of the Health and Safety Code, relating to controlled substances, and declaring the urgency thereof, to take effect immediately.

• AB 55 (Thurmond) Requires refineries who claim an exemption to skilled and trained workforce requirements, to file with the administering agency a complete copy of the contract and a second copy of the contract that has been redacted only to the extent necessary to protect sensitive information and that includes the identity of the contractor, the scope of the work covered by the contracts, the date of execution of the contract, and the term of the contract. Also requires the redacted copy to be a public record.

An act to amend Section 25536.7 of, and to add Section 25536.9 to, the Health and Safety Code, relating to hazardous materials.

• AB 114 (Committee on Budget) This is a Trailer Bill for the 2017-18 budget. It contains necessary changes related to the Budget Act of 2017. This bill makes various statutory changes to implement the 2017-18 budget.

An act to amend Sections 1627, 1630, 102247, 103605, 103625, and 127662 of, to add Section 1629.5 to, and to repeal and add Section 127665 of, the Health and Safety Code, and to amend Sections 5892 and 5899 of, and to add Sections 5892.1 and 5899.1 to, the Welfare and Institutions Code, relating to health, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 245 (Quirk) Increases the maximum allowable administrative and civil penalties to $70,000 for violations of the California Hazardous Waste Control Act (HWCA).

An act to amend Sections 25188, 25189, and 25189.2 of the Health and Safety Code, relating to hazardous waste.

• AB 295 (Eggman) Requires the owners and operators of a skydiving or sport parachuting operation to ensure that the parachutist in command of a tandem jump and the parachute rigger responsible for packing the parachute are in compliance with all federal laws related to parachute safety and certification, as specified.

An act to amend Section 21019 of, and to add Chapter 7 (commencing with Section 21708) to Part 1 of Division 9 of, the Public Utilities Code, relating to aviation.

• AB 356 (Bigelow) Expands the distance for which human remains may be transported for disposition in an adjacent state.

An act to amend Section 103050 of the Health and Safety Code, relating to human remains.

• AB 474 (Eduardo Garcia) Exempts spent brine solutions from hazardous waste requirements if the spent brine solution is a byproduct of the treatment process for drinking water and will be transferred to a surface impoundment regulated by the California regional water quality control boards (Regional Water Boards).

An act to add Section 25143.6 to the Health and Safety Code, relating to hazardous waste.

• AB 579 (Flora) Requires the Division of Apprenticeship Standards (DAS), in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC), to develop a statewide firefighter pre-apprenticeship program (Program) designed to recruit candidates from underrepresented groups.

An act to add Section 13159.15 to the Health and Safety Code, relating to apprenticeship, and declaring the urgency thereof, to take effect immediately.

• AB 617 (Cristina Garcia) AB 617 specifies several requirements for the State Air Resources Board (ARB) related to the reporting of criteria air pollutants emissions and toxic air contaminants, air pollutant monitoring, a statewide strategy to reduce emissions, as well as related requirements for air quality control districts.

An act to amend Sections 40920.6, 42400, and 42402 of, and to add Sections 39607.1, 40920.8, 42411, 42705.5, and 44391.2 to, the Health and Safety Code, relating to nonvehicular air pollution.

• AB 713 (Chu) An act to amend Section 1788 of the Health and Safety Code, relating to continuing care retirement facilities.

An act to amend Section 1788 of the Health and Safety Code, relating to continuing care retirement facilities.

• AB 746 (Gonzalez Fletcher) Requires drinking water to be tested for lead at schoolsites.

An act to add and repeal Section 116277 of the Health and Safety Code, relating to public health.

• AB 836 (Chiu) Permits the Department of Public Health (DPH) to issue a variance for dispensing bulk potentially hazardous food from vending machines.

An act to amend Section 113936 of the Health and Safety Code, relating to retail food.

• AB 908 (Dababneh) Authorizes Providence Tarzana Medical Center (PTMC) in Los Angeles to request an additional extension, until October 1, 2022, of the seismic safety requirement that hospital buildings must be rebuilt or retrofitted in order to be capable of withstanding an earthquake.

An act to amend Section 130060 of the Health and Safety Code, relating to hospitals.

• AB 911 (Wood) Exempts certified bomb technicians employed by local governments and the State of California, including the University of California (UC), from specified requirements related to radioactive materials.

An act to add Section 115060.5 to the Health and Safety Code, relating to radioactive materials.

• AB 926 (Irwin) Allows a cemetery authority to convert its endowment care distribution method from a net-income distribution method to a unitrust distribution method, upon application to and approval by the Cemetery and Funeral Bureau after January 1, 2020, subject to specific requirements.

An act to amend Section 7612.6 of the Business and Professions Code, and to amend Sections 8725, 8726, and 8726.1 of, and to add Section 8726.2 to, the Health and Safety Code, relating to cemeteries.

• AB 940 (Weber) If a resident is notified in writing of a facility initiated transfer or discharge from a long-term health care facility, other than an emergency transfer to a hospital, the facility must also send a copy of the notice to the local long-term care ombudsman at the same time.

An act to add Section 1439.6 to the Health and Safety Code, relating to long-term health care facilities.

• AB 967 (Gloria) Establishes the regulation process for hydrolysis facilities under the Cemetery and Funeral Bureau (Bureau) beginning January 1, 2020; imposes the same requirements on hydrolyzed remains as for cremated remains; specifies training standards for hydrolysis facility employees; and, specifies the requirements for disposal of hydrolysate.

An act to amend, repeal, and add Sections 7611.9, 7672, 7672.1, 7672.2, 7672.3, 7672.4, 7672.6, 7672.7, 7673.1, and 7685.2 of, to add Sections 7611.12, 7653.35, 7653.36, 7712.11, and 7730.11 to, and to add Article 2.7 (commencing with Section 7639) to Chapter 12 of Division 3 of, the Business and Professions Code, and to amend, repeal, and add Sections 7003, 7010.3, 7010.7, 7011, 7011.2, 7015, 7016, 7051, 7051.5, 7052, 7052.5, 7054, 7054.1, 7054.6, 7055, 7116, 7117, 103055, 103060, and 103080 of, to add Sections 7002.5, 7006.1, 7006.4, 7006.6, 7006.8, 7010.1, 7017, and 7054.8 to, and to add Article 8 (commencing with Section 8370) to Chapter 2 of Part 3 of Division 8 of, the Health and Safety Code, relating to disposal of human remains, and making an appropriation therefor.

• AB 1014 (Cooper) This bill requires a health facility to test and maintain each of its diesel backup generators in conformance with a specified standard adopted by the Centers for Medicare and Medicaid Services (CMS).

An act to add Section 41514.1 to the Health and Safety Code, relating to nonvehicular air pollution.

• AB 1073 (Eduardo Garcia) Extends by two years, until January 1, 2020, the requirement that the California Air Resources Board (ARB) dedicate 20% of California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program (Technology Program) to support early commercial deployment of existing zero- and near-zero-emission heavy-duty trucks.

An act to amend Section 39719.2 of the Health and Safety Code, relating to greenhouse gases.

• AB 1127 (Calderon) Requires state and local agencies and specified public facilities, including a theater, sports arena, or library, to install and maintain at least one baby diaper changing station if the building or facility is open to the public.

An act to add Sections 15805 and 50535 to the Government Code, and to add Section 118506 to the Health and Safety Code, relating to public accommodations.

• AB 1132 (Cristina Garcia) Authorizes an air pollution control officer (APCO) to issue an interim order for abatement (OFA), pending hearing by the air district hearing board, for violations that present an imminent and substantial endangerment to the public health or welfare, or the environment.

An act to add Section 42451.5 to the Health and Safety Code, relating to nonvehicular air pollution.

• AB 1137 (Maienschein) Requires housing developments financed through the Department of Housing and Community Development (HCD) to authorize a resident of a housing development to own one or more common household pets.

An act to add Section 50466 to the Health and Safety Code, relating to housing.

• AB 1219 (Eggman) Expands existing provisions of the Civil Code, Food and Agricultural Code, and Health and Safety Code, relating to civil immunities and liabilities of entities that donate food fit for human consumption, to charitable organizations and food banks.

An act to amend Section 1714.25 of the Civil Code, to amend Section 58502 of, and to repeal Section 58506 of, the Food and Agricultural Code, and to amend Sections 114432, 114433, and 114434 of, and to add Section 114435 to, the Health and Safety Code, relating to food donations.

• AB 1274 (O’Donnell) Exempts two additional model years of vehicles (model years seven and eight) from motor vehicle inspection and maintenance program (smog check) requirements and assesses these vehicles a fee of $25 per year for each year they are exempted, directs revenue from the fee to the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program).

An act to amend Sections 44011, 44060, 44060.5, and 44091.1 of the Health and Safety Code, relating to vehicular air pollution, and declaring the urgency thereof, to take effect immediately.

• AB 1316 (Quirk) Requires the California Department of Public Health (CDPH) to define “risk” in the regulations for the Childhood Lead Poisoning Prevention Program (CLPPP).

An act to amend Sections 1367.3, 105280, 105285, 105290, 105310, 124125, 124130, and 124150 of, and to add Section 124151 to, the Health and Safety Code, and to amend Sections 10123.5 and 10123.55 of the Insurance Code, relating to childhood lead poisoning.

• AB 1317 (Gray) This bill makes well pumps eligible for funding under the Carl Moyer Memorial Air Quality Standards Attainment (Carl Moyer) Program.

An act to amend Section 44275 of the Health and Safety Code, relating to vehicular air pollution.

• AB 1386 (Waldron) Requires the Department of Health Care Services (DHCS) to include information relating to breast cancer susceptibility gene mutations in the next revision of a brochure that is provided to cancer patients.

An act to add Section 109276 to the Health and Safety Code, relating to public health.

• AB 1438 (Committee on Environmental Safety and Toxic Materials) This bill makes conforming changes to the statutes governing the Environmental Laboratory Accreditation Act (ELAA).

An act to amend Sections 100825, 100829, 100837, 100840, 100847, 100850, 100851, 100852, 100862, 100865, 100870, 100872, 100875, 100880, 100885, 100890, 100895, 100907, 116271, 116425, 116540, 116625, 116700, and 116701 of, to add Section 100920.5 to, and to repeal and add Sections 100855, 100910, and 100915 of, the Health and Safety Code, and to amend Section 21080.26 of the Public Resources Code, relating to the State Water Resources Control Board.

• AB 1439 (Committee on Environmental Safety and Toxic Materials) This bill authorizes the Department of Toxic Substances Control (DTSC) to require a person submitting documents, including a report, work-plan, schedule, notice, request, or application, to submit the document in an electronic format.

An act to amend Section 57013 of, and to repeal Section 25200.18 of, the Health and Safety Code, relating to hazardous materials.

• AB 1553 (Cervantes) Makes changes to the capital access program for small business as specified.

An act to amend Sections 44548 and 44559.13 of the Health and Safety Code, relating to economic development, and making an appropriation therefor.

• AB 1583 (Chau) Requires the Attorney General, after reviewing the certificate of merit, filed under an action under Proposition 65, if, after reviewing the certificate of merit, she or he finds that there is not merit to the action, to serve a letter to the noticing party and the alleged violator that the Attorney General believes there is not merit to the action. Requires the Governor’s Office of Business and Economic Development (GO Biz) to post on its internet website information relating to a business’s obligations under Proposition 65.

An act to amend Section 25249.7 of, and to add Section 25249.14 to, the Health and Safety Code, relating to toxic substances.

• AB 1646 (Muratsuchi) Requires an implementing agency to develop an integrated alerting and notification system, in coordination with local emergency management agencies, unified program agencies, local first response agencies, and the public, to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery.

An act to amend Section 25532 of, and to add Section 25536.6 to, the Health and Safety Code, relating to hazardous materials.

• AB 1647 (Muratsuchi) Requires community and fence-line air monitoring systems at and near each petroleum refinery.

An act to add Section 42705.6 to the Health and Safety Code, relating to nonvehicular air pollution.

• AB 1671 (Caballero) Requires the State Water Resources Control Board (State Water Board) to, on or before January 1, 2020, adopt standards for backflow protection and cross-connection control.

An act to amend Section 116810 of, and to add Sections 116407 and 116555.5 to, the Health and Safety Code, relating to drinking water.

• AB 1689 (Committee on Environmental Safety and Toxic Materials) Adds combustible metals or metal alloy to the list of materials a business must include in its hazardous materials business plan.

An act to amend Section 25507 of the Health and Safety Code, relating to hazardous materials.

• SB 54 (De León) Limits the involvement of state and local law enforcement agencies in federal immigration enforcement.

An act to amend Sections 7282 and 7282.5 of, and to add Chapter 17.25 (commencing with Section 7284) to Division 7 of Title 1 of, the Government Code, and to repeal Section 11369 of the Health and Safety Code, relating to law enforcement.

• SB 94 (Committee on Budget and Fiscal Review) This bill is the cannabis trailer bill for the Budget Act of 2017. This bill establishes a single system of administration for cannabis laws in California. It contains changes related to the Budget Act of 2017 that are necessary for state licensing entities to implement a regulatory framework pursuant to the Medical Cannabis Regulation and Safety Act (MCRSA), established by AB 266 (Bonta, Chapter 689, Statutes of 2015), AB 243 (Wood, Chapter 688, Statutes of 2015), SB 643 (McGuire, Chapter 719, Statutes of 2015), and SB 837 (Committee on Budget and Fiscal Review, Chapter 32, Statutes of 2016), and the Adult Use of Marijuana Act (AUMA) of 2016 (Proposition 64). This bill conforms MCRSA and AUMA into a single system that prioritizing consumer safety, public safety and tax compliance. Among other things, the bill creates agricultural cooperatives, a method for collecting and remitting taxes, a process for testing and packaging, and a process for collecting data related to driving under the influence.

An act to amend Sections 26000, 26001, 26011, 26012, 26013, 26014, 26030, 26031, 26038, 26040, 26043, 26044, 26050, 26052, 26053, 26054, 26054.2, 26055, 26057, 26058, 26060, 26061, 26063, 26065, 26066, 26070, 26070.5, 26080, 26090, 26104, 26106, 26120, 26130, 26140, 26150, 26151, 26152, 26153, 26154, 26155, 26160, 26161, 26180, 26181, 26190, 26191, 26200, 26202, 26210, and 26211 of, to amend the heading of Chapter 10 (commencing with Section 26100) and the heading of Chapter 13 (commencing with Section 26130) of Division 10 of, to amend the heading of Division 10 (commencing with Section 26000) of, to amend and renumber Section 26101 of, to add Sections 26010.5, 26011.5, 26013.5, 26046, 26047, 26051.5, 26060.1, 26062.5, 26070.1, 26121, 26131, 26132, 26133, 26134, 26135, 26156, 26162, 26162.5, 26180.5, 26190.5, and 26210.5, to, to add Chapter 6.5 (commencing with Section 26067) and Chapter 22 (commencing with Section 26220) to Division 10 of, to add and repeal Section 26050.1 of, to repeal Sections 26054.1, 26056, 26056.5, 26064, 26067, 26100, and 26103 of, to repeal Chapter 3.5 (commencing with Section 19300) of Division 8 of, to repeal Chapter 17 (commencing with Section 26170) of Division 10 of, and to repeal and add Sections 26010, 26032, 26033, 26034, 26045, 26051, 26062, 26102, and 26110 of, the Business and Professions Code, to amend Sections 1602 and 1617 of the Fish and Game Code, to amend Sections 37104, 54036, and 81010 of the Food and Agricultural Code, to amend Sections 11006.5, 11014.5, 11018, 11018.1, 11018.2, 11018.5, 11032, 11054, 11357, 11358, 11359, 11360, 11361, 11361.1, 11361.5, 11362.1, 11362.2, 11362.3, 11362.4, 11362.45, 11362.7, 11362.71, 11362.715, 11362.765, 11362.768, 11362.77, 11362.775, 11362.78, 11362.785, 11362.79, 11362.795, 11362.8, 11362.81, 11362.83, 11362.85, 11362.9, 11364.5, 11470, 11478, 11479, 11479.2, 11480, 11485, 11532, 11553, and 109925 of, to amend the heading of Article 2 (commencing with Section 11357) of Chapter 6 of Division 10 of, and to repeal Section 11362.777 of, the Health and Safety Code, to amend Sections 34010, 34011, 34012, 34013, 34014, 34015, 34016, 34018, 34019, and 34021.5 of, to amend the heading of Part 14.5 (commencing with Section 34010) of Division 2 of, and to add Section 34012.5 to, the Revenue and Taxation Code, to amend Section 23222 of, and to add Section 2429.7 to, the Vehicle Code, and to amend Sections 1831, 1847, and 13276 of the Water Code, relating to cannabis, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 136 (Leyva) This urgency bill permits the Department of Housing and Community Development (HCD), as part of the Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP)to contract directly with nonprofit corporations to deliver technical assistance to mobilehome park residents or community-based nonprofit corporations to assist mobilehome park residents in acquiring, financing, operating, and improving mobilehome parks occupied by low- and moderate income households.

An act to amend Section 50784.7 of, and to add Section 50787 to, the Health and Safety Code, relating to mobilehome parks, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

• SB 179 (Atkins) This bill provides for a third gender option on the state driver’s license, identification card, and birth certificate; restructures the process for individuals to change their name to conform with their gender identity; and creates a new procedure for an individual to secure a court-ordered change of gender.

An act to amend, repeal, and add Sections 1277 and 1278 of, and to add Section 1277.5 to, the Code of Civil Procedure, to amend Sections 103426 and 103440 of, to amend the heading of Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of, and to amend, repeal, and add Sections 103425 and 103430 of, the Health and Safety Code, and to amend Section 13005 of, and to amend, repeal, and add Section 12800 of the Vehicle Code, relating to gender identity.

• SB 180 (Mitchell) Limits the current three year enhancement for a prior conviction related to the sale or possession for sale of specified controlled substance to convictions for a controlled substance offense where a minor was used or employed in the commission of the offense.

An act to amend Section 11370.2 of the Health and Safety Code, relating to controlled substances.

• SB 219 (Wiener) This bill enacts the Lesbian, Gay, Bisexual and Transgender (LGBT) Long-Term Care Facility Residents’ Bill of Rights and makes it unlawful for any long-term care facility, as defined, to take specified actions on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status.

An act to add Section 1569.318 to, to add Chapter 2.45 (commencing with Section 1439.50) to Division 2 of, and to add and repeal Section 1338.4 of, the Health and Safety Code, relating to health facilities.

• SB 258 (Lara) This bill creates the Cleaning Product Right To Know Act of 2017 (Act), which requires manufacturers of cleaning products to disclose specified chemical ingredients on a product label and on the manufacturers Web site.

An act to add Chapter 13 (commencing with Section 108950) to Part 3 of Division 104 of the Health and Safety Code, and to add Section 6398.5 to the Labor Code, relating to consumer product safety.

• SB 393 (Lara) This bill provides a process for a person to petition a court to seal records of an arrest that did not result in a conviction, as defined, with specified exceptions.

An act to amend Sections 851.87, 851.90, 1000.4, 1001.9, and 11105 of, and to add Sections 851.91 and 851.92 to, the Penal Code, relating to arrests.

• SB 413 (Morrell) Replaces “dementia” with “major neurocognitive disorder.”

An act to amend Sections 1569.698, 1569.699, and 1569.7 of the Health and Safety Code, and to amend Sections 1981 and 2356.5 of the Probate Code, relating to neurocognitive disorders.

• SB 427 (Leyva) This bill provides clarifying changes to further the purpose of recently enacted legislation to established lead service line identification and replacement requirements.

An act to amend Section 116885 of, and to add Section 116890 to, the Health and Safety Code, relating to drinking water.

• SB 432 (Pan) This bill revises the required communicable disease exposure notification procedure for emergency medical services (EMS) providers by requiring a health facility to immediately notify an EMS provider’s designated officer upon determining that a person to whom emergency medical services were provided is diagnosed with a reportable disease, in addition to the existing requirement that provides notification to the county health officer who in turn notifies the EMS provider.

An act to amend Section 1797.188 of the Health and Safety Code, relating to emergency medical services.

• SB 442 (Newman) This bill requires newly constructed or remodeled swimming pools at private single-family residences to incorporate at least two of seven specified drowning-prevention safety features. It also requires home inspections conducted as part of the transfer of a property with a pool to include an assessment of whether the pool is equipped with adequate safety features.

An act to amend Section 7195 of the Business and Professions Code, and to amend Sections 115922 and 115925 of the Health and Safety Code, relating to public health.

• SB 510 (Stone) Deletes provisions of existing law that require specific environmental conditions for the compounding of sterile products from one or more nonsterile ingredients.

An act to amend and renumber Sections 4127.8 and 4127.9 of, and to repeal Section 4127.7 of, the Business and Professions Code, relating to healing arts.

• SB 542 (Leyva) This bill states that the owner of a new or used manufactured home or mobilehome who sells or transfers ownership of the home shall not be subject to civil or criminal liability for vehicle license fees or local property taxes after the delivery of possession of the home to the purchaser or transferee and provides specified notice to the Department of Housing and Community Development (HCD).

An act to add Section 18107 to the Health and Safety Code, relating to manufactured housing.

• SB 575 (Leyva) This bill expands a provision of law that entitles a patient to a copy, at no charge, of the relevant portion of the patient’s records that are needed to support an appeal regarding eligibility for certain public benefit programs, by including initial applications in addition to appeals, and by expanding the list of public benefit programs to include In-Home Supportive Services, the California Work Opportunity and Responsibility to Kids program, CalFresh, and certain veterans related benefits.

An act to amend Section 123110 of the Health and Safety Code, relating to public health.

• SB 811 (Committee on Public Safety) This bill, the public safety omnibus bill, makes technical and corrective changes to various code sections relating generally to criminal justice laws.

An act to amend Section 1107.5 of the Evidence Code, to amend Section 12838.6 of the Government Code, to amend Section 443.17 of, and to amend and repeal Sections 11350 and 11377 of, the Health and Safety Code, to amend Sections 290.004, 1347.1, 1546.2, and 6044 of the Penal Code, and to amend Section 827 of the Welfare and Institutions Code, relating to public safety.

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