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Jan. 5, 2022

HEALTH and SAFETY

• AB 100 (Holden) Requires endpoint plumbing fixtures to meet a performance standard in addition to existing content standard to qualify as “lead free” under California law. Requires the Department of Toxic Substances Control (DTSC), when evaluating an endpoint device’s compliance with the “lead free” requirements, to base its evaluation upon documentation provided by an American National Standards Institute (ANSI) accredited third party that has certified that the endpoint device does not leach more than one microgram per deciliter of lead (μg/L) after a three week curing process, as calculated pursuant to specified standards. act to add Section 116876 to the Health and Safety Code, relating to drinking water.

• AB 304 (Quirk) Provides state oversight and sets requirements for local officers overseeing remedial investigations and remedial actions at sites with released hazardous waste. act to amend Sections 25299.50.6, 101480, 101483, 101485, and 101487 of the Health and Safety Code, relating to contaminated sites.

• AB 332 (Committee on Environmental Safety and Toxic Materials) Authorizes treated wood waste (TWW) to be managed under alternative management standards (AMS) instead of as a hazardous waste. act to amend, renumber, and repeal Section 25150.8 of, and to add and repeal Article 11.2 (commencing with Section 25230) of Chapter 6.5 of Division 20 of, the Health and Safety Code, relating to hazardous waste, and declaring the urgency thereof, to take effect immediately.

• AB 362 (Quirk-Silva) This bill establishes a framework for local governments to conduct annual inspections of homeless shelters, including enforcement measures and additional penalties, as specified. act to add Article 2.3 (commencing with Section 17974) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, relating to housing.

• AB 381 (Davies) Requires alcohol and other drug residential treatment facilities (RTF) licensed by the Department of Health Care Services (DHCS) to maintain at least two unexpired doses of naloxone hydrochloride (NH) or any other opioid antagonist (OA) that is approved by the United States Food and Drug Administration (FDA) for treatment of an opioid overdose, on the premises. Requires RTFs to have at all times, at least one staff member on the premises who knows the specific location of the NH/OA and who has been trained on the administration of NH/OA in accordance with the training requirements set forth by the Department of Health Care Services . Requires proof of completion of training on the administration of NH/OA to be documented in the staff member’s individual personnel file. Indemnifies a trained staff member from liability for damages in a civil action or from criminal prosecution for the administration of NH/OA to a person appearing to experience an opioid-related overdose. act to amend Sections 11834.026 and 11834.26 of the Health and Safety Code, relating to substance use disorder.

• AB 439 (Bauer-Kahan) Adds “nonbinary” as a gender identity option on death certificates. act to amend Section 102875 of the Health and Safety Code, relating to certificates of death.

• AB 440 (Bigelow) This bill deletes the sunset on the bodily contact prohibition exemption for Bear Lake Reservoir, and deletes other bodily contact restrictions, thus authorizing, if specified conditions are met, bodily contact with the water at Bear Lake Reservoir to occur all year and in perpetuity. act to amend Section 115843.6 of the Health and Safety Code, relating to reservoirs.

• AB 468 (Friedman) Requires a person or business that sells or provides an emotional support dog to provide notice specifying that the dog does not have the special training required to be a guide, signal or service dog. Requires a person or business that sells or provides a certificate, tag, vest, leash or harness for an emotional support dog to provide notice to the buyer that the material does not entitle an emotional support dog to the rights and privileges afforded to a guide, signal or service dog. Prohibits a licensed healthcare practitioner from providing documentation about an individual’s need for an emotional support animal without meeting specified requirements. Creates civil penalties for specified violations. act to add Article 4 (commencing with Section 122317) to Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, relating to support animals.

• AB 480 (Carrillo) Authorizes a Unified Program Agency (UPA, or CUPA), in the event of a hazardous waste spill or release that the CUPA reasonably determines poses an imminent and substantial endangerment to public health, to take actions to protect the health and safety of the public. act to amend Section 25510 of the Health and Safety Code, relating to hazardous materials.

• AB 527 (Wood) Authorize the University of California (UCs) to access identifiable CURES data provided that specified requirements of the Information Practices Act are satisfied. act to amend Sections 11056, 11057, 11150.2, and 11165 of, and to add Section 11059 to, the Health and Safety Code, relating to controlled substances.

• AB 535 (Aguiar-Curry) Requires a container of olive oil produced, processed, sold, offered for sale, given away, or possessed in California that includes “California” in any form on its principal display panel and contains olive oil derived from olives grown outside California to disclose the minimum percentage of olive oil in the container derived from olives grown in California. Specifies that this requirement does not apply to a container of olive oil produced on or before December 31, 2021. States that any olive oil produced, processed, sold, offered for sale, given away, or possessed in California with a principal display panel that uses “California” or any reference to California shall comply with the quality and purity standards set forth in the “Grade and Labeling Standards for Olive Oil, Refined-Olive Oil, and Olive-Pomace Oil” published by the California Department of Food and Agriculture. Clarifies an olive oil producer or processor is not prohibited from using a truthful, non-misleading statement or representation regarding the geographic origin of the olives used in the production of olive oil in any label, packaging material, or advertising if the label, packaging material, or advertising contains no representation that is prohibited by this section. act to amend Section 112895 of the Health and Safety Code, relating to food labeling.

• AB 541 (Berman) Requires alcoholism or substance use disorder (SUD) recovery or treatment facilities (RTF) and alcohol or other drug (AOD) programs licensed or certified by the Department of Health Care Services (DHCS) to assess each client or patient for tobacco use at the time of the initial intake and to comply with specified requirements. act to add Section 11756.5 to the Health and Safety Code, relating to substance abuse disorder treatment.

• AB 619 (Calderon) Requires the Department of Public Health (DPH) to develop a plan with recommendations and guidelines for counties to use in case of a significant air quality event caused by wildfires or other sources. Requires a county, in advance of the next update to its emergency plan, to use the plan developed by DPH but allows a county to incorporate its existing process, as specified. act to add Section 8593.25 to the Government Code, and to add Chapter 1 (commencing with Section 107250) to Part 2 of Division 104 of, and to repeal the heading of Chapters 1, 2, 3, and 4 of Part 2 of Division 104 of, the Health and Safety Code, relating to public health.

• AB 652 (Friedman) Prohibits, on or after July 1, 2023, a person from selling or distributing in commerce any new juvenile products that contain regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS). act to add Chapter 12.5 (commencing with Section 108945) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

• AB 680 (Burke) Establishes the California Jobs Plan Act of 2021 which requires State Air Resources Board (CARB) to work with the Labor and Workforce Development Agency (LWDA) to update, by July 1, 2025, the funding guidelines for administering agencies to ensure that all applicants to grant programs funded by the Greenhouse Gas Reduction Fund (GGRF) meet fair and responsible employer standards and provide inclusive procurement policies. act to add Part 8 (commencing with Section 38599.10) to Division 25.5 of the Health and Safety Code, relating to the Greenhouse Gas Reduction Fund.

• AB 698 (Committee on Environmental Safety and Toxic Materials) Updates terms within the California Hazardous Waste Control Law (HWCL) to conform to recent changes in federal hazardous waste regulation promulgated by the United States Environmental Protection Agency (US EPA) under their Generator Improvement Rule (GIR). act to amend Sections 25123.3, 25160.8, 25163, 25205.7, 25217, 25217.2, 25217.2.1, 25218, 25218.1, 25218.3, 25218.4, 25218.5, 25218.11, 25250.1, and 25366.5 of the Health and Safety Code, relating to hazardous waste.

• AB 707 (Quirk) Revises the Mercury Thermostat Collection Act of 2008 and re-establishes it as the Mercury Thermostat Act of 2021 (Act). act to amend Sections 25214.8.10, 25214.8.11, 25214.8.12, 25214.8.13, 25214.8.14, 25214.8.15, and 25214.8.16 of, to amend the heading of Article 10.2.2 (commencing with Section 25214.8.10) of Chapter 6.5 of Division 20 of, to add Sections 25214.8.11.2, 25214.8.11.4, 25214.8.11.5, 25214.8.11.6, 25214.8.13.5, and 25214.8.19 of, to repeal Section 25214.8.20 of, to repeal Article 10.2.2 (commencing with Section 25214.8.10) of Chapter 6.5 of Division 20 of, and to repeal and add Sections 25214.8.17 and 25214.8.18 of, the Health and Safety Code, relating to hazardous waste.

• AB 751 (Irwin) Deletes the January 1, 2022, sunset date authorizing an official to accept an electronic request for a certified copy of a birth, death, or marriage certificate. act to amend and repeal Section 103526 of the Health and Safety Code, relating to vital records.

• AB 794 (Carrillo) Attaches labor standards to eligibility for various clean vehicle incentive programs administered by the California Air Resources Board (CARB) for fleet purchasers of new drayage or short-haul trucks. act to amend Section 16428.9 of the Government Code, to amend Sections 39712, 43015, 44274, and 44282 of, to add Sections 39501, 39602.6, and 44295.5 to, and to add Chapter 3.6 (commencing with Section 39680) to Part 2 of Division 26 of, the Health and Safety Code, and to amend Section 1095 of the Unemployment Insurance Code, relating to air pollution.

• AB 816 (Chiu) Requires HCD to allocate National Housing Trust Fund (NHTF) monies to projects serving individuals experiencing homelessness, to the extent that a sufficient number of projects exist. Authorizes HCD to alter priority for funding in order to align eligibility for benefits, such as Medi-Cal, that are intended to fund services for individuals experiencing homelessness. act to amend Section 50676 of the Health and Safety Code, relating to homelessness.

• AB 831 (Committee on Health) Makes various technical and clarifying changes to the California Retail Food Code (CRFC). act to amend Sections 113818, 113819, 113846, 113899, 113953.3, 114057.1, 114309, 114353, 114365.2, 114378.1, and 114380 of the Health and Safety Code, relating to the California Retail Food Code.

• AB 849 (Reyes) Clarifies that a licensee is liable for up to $500 per violation when a current or former resident, or patient, or the legal representative, personal representative, or successor in interest of a current or former resident or patient, of a LTC (Long-Term Facilities) facility brings a civil action against the facility for violation of any rights of the resident or patient as set forth in the Patient’s Bill of Rights or any other right provided for by federal or state law or regulation. Provides that the above per violation penalty applies to violations that occur on or after March 1, 2021. act to amend Section 1430 of the Health and Safety Code, relating to health facilities.

• AB 992 (Cooley) This bill adds “peer-to-peer truck sharing platform demonstrations” as an eligible project under the Clean Truck Program. act to amend Section 39719.2 of the Health and Safety Code, relating to air pollution.

• AB 1024 (Santiago) Requires the Department of Toxic Substances Control (DTSC) to post on its internet website the easily accessible information of each contaminated site cleanup project, as specified. Additionally, requires that moneys recovered by the State from responsible parties relating to the Exide Technology (Exide) cleanup site be used to repay the General Fund, the Lead Acid Battery Cleanup Fund and any other funds sources for costs incurred during the cleanup of contaminated sites near Exide. act to add Section 25358.6.2 to the Health and Safety Code, relating to hazardous substances.

• AB 1066 (Bloom) Requires the California Water Quality Monitoring Council (Council) to propose to the State Water Resources Control Board (State Water Board) for consideration a definition of a priority water-contact recreation site, as specified; and, recommendations and requirements for the establishment of a priority water-contact recreation site monitoring program for inland waters, as specified. act to add Article 2.1 (commencing with Section 115917) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to water quality.

• AB 1094 (Arambula) Requires the Department of Public Health (DPH) to establish a three-year pilot program in up to six counties (northern, southern and central regions) that agree to participate, for the identification and collection by coroners and medical examiners of gender identity and sexual orientation in cases of violent death. act to add and repeal Article 6 (commencing with Section 102935) of Chapter 6 of Part 1 of Division 102 of the Health and Safety Code, relating to health data collection.

• AB 1144 (Robert Rivas) Increases the verifiable gross annual sales of a Class A cottage food operation to no more than $75,000 and a Class B cottage food operation to no more than $150,000. Specifies that a Class A or Class B registration or permit in one county is sufficient for the cottage operation to operate throughout the state. act to amend Sections 113758 and 114365 of the Health and Safety Code, relating to food.

• AB 1158 (Petrie-Norris) Requires that an alcoholism or drug abuse recovery or treatment facility (RTF) licensed by the Department of Health Care Services (DHCS) that serves more than six residents must maintain specified insurance coverages, including commercial general liability insurance and employer’s liability insurance. Requires a licensee that serves six or fewer residents must maintain general liability insurance coverage. Requires that any government entity that contracts with a privately owned Recovery Resident (RR) or RTF to provide treatment services for more than six residents, require the contractors to, at all times, maintain specified insurance coverage, including commercial general liability insurance and employer’s liability insurance and to include the government entity as an additional insured. Requires any government entity that contracts with an RTF to provide treatment services for six or fewer residents to require the contractor, at all times, to maintain general liability insurance coverages, which includes the government entity as an additional insured. act to amend Section 11834.10 of, and to add Section 11853.5 to, the Health and Safety Code, and to amend Section 10087 of the Insurance Code, relating to alcoholism or drug abuse.

• AB 1200 (Ting) Prohibits, commencing January 1, 2023, the sale of food packaging that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), as specified; requires, commencing January 1, 2024, cookware manufacturers to label their product if it contains an intentionally added chemical on specified lists; and prohibits, commencing January 1, 2023, for the internet and January 1, 2024, for the cookware package, a cookware manufacturer from making a claim that cookware is free of a chemical, unless no chemical from that chemical class is intentionally added to the cookware. act to add Chapter 15 (commencing with Section 109000) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

• AB 1261 (Burke) Requires the Air Resources Board (ARB), within three years of receiving an appropriation from the Legislature, to develop and apply specified measurement and evaluation criteria to specified incentive programs connected to greenhouse gas (GHG) emissions reduction goals, as recently recommended by the State Auditor. act to add Section 38568 to the Health and Safety Code, relating to greenhouse gases.

• AB 1344 (Arambula) Establishes an exemption from the California Environmental Quality Act (CEQA) for needle and syringe exchange program application submissions, authorizations, and operations performed pursuant to the Clean Needle and Syringe Exchange Program within the Department of Public Health (DPH), states that the exemption added to statute by the bill is intended to be declaratory of existing law, and provides that the provisions of the section amended by the bill are severable. act to amend Section 121349 of the Health and Safety Code, relating to public health.

• AB 1346 (Berman) Requires the Air Resources Board (ARB) to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new “small off-road engines” (SORE), to apply to engines produced on or after January 1, 2024, or as soon as ARB determines is feasible, whichever is later. Requires ARB to identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding as part of any updates to existing, applicable funding program guidelines for air districts to implement to support the transition to zero-emission SORE operation. act to add Section 43018.11 to the Health and Safety Code, relating to air pollution.

• AB 1428 (Quirk) This bill removes the ability of certain water districts to self-certify that the water they provide achieves an equivalent level of public health protection as the protection provided by applicable drinking water regulations. act to amend Section 116286 of the Health and Safety Code, relating to drinking water.

• SB 27 (Skinner) This bill creates the California Carbon Sequestration and Climate Resilience Project Registry, in order to maintain a list of eligible but unfunded projects, which then may be funded by public or private entities in order to mitigate California’s greenhouse gas (GHG) emissions and improve climate resilience. This bill also directs relevant state agencies to establish the Natural and Working Lands (NWL) Climate Smart Strategy to increase adoption of NWL-based carbon sequestration that advances the state’s climate goals, and requires the Air Resources Board (ARB) to add carbon sequestration targets to the state’s climate change scoping plan. act to add Chapter 4.3 (commencing with Section 39740) to Part 2 of Division 26 of the Health and Safety Code, relating to air pollution.

• SB 158 (Committee on Budget and Fiscal Review) This bill establishes the Board of Environmental Safety (Board) within the Department of Toxic Substances Control (DTSC), restructures and increases charges that support the Hazardous Waste Management Account (HWCA), restructures and increases the tax that supports the Toxic Substances Control Account (TSCA), and provides funding to support brownfield cleanups and investigations across the state and Exide residential cleanup. act to amend, repeal, and add Section 6103.10 of the Government Code, to amend Sections 25144.6, 25150.84, 25178.1, 25200, 25200.2, 25200.3, 25201.4.1, 25201.5, 25201.6, 25204.7, 25205, and 25205.21 of, to amend, renumber, and add Section 25110.3 of, to amend and repeal Sections 25174.1, 25174.2, 25174.6, 25174.7, 25205.3, 25205.4, 25205.12, 25205.14, 25205.15, and 25218.6 of, to amend, repeal, and add Sections 25160, 25173.6, 25174, 25175, 25205.2, 25205.5, 25205.5.1, 25205.6, 25205.16, 25205.22, 25207.12, 25250.24, and 25404.5 of, to add Sections 25174.01, 25174.02, 25174.8, 25187.3, 25200.05, 25200.25, 25200.27, 25205.2.1, 25205.5.01, 25205.6.1, 25246.1, 25246.2, and 25355.3 to, to add Article 2.1 (commencing with Section 25125) to Chapter 6.5 of Division 20 of, to repeal Sections 25135.1, 25135.2, 25135.3, 25135.4, 25135.5, 25135.6, 25135.7, 25135.7.5, 25135.8, 25135.9, 25174.11, 25205.9, and 25205.20 of, and to repeal and add Section 25135 of, the Health and Safety Code, and to amend Sections 43053, 43054, 43101, 43152, 43152.8, 43152.9, and 43160 of, to amend and repeal Sections 43051, 43151, 43152.12, and 43152.15 of, to amend, repeal, and add Sections 43002.3, 43012, 43152.6, and 43152.7 of, and to repeal Sections 43005.5, 43055, 43152.11, 43152.16, and 43153 of, the Revenue and Taxation Code, relating to hazardous waste, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 310 (Rubio) This bill establishes the Cancer Medication Recycling Act (Cancer Medication Program) until January 1, 2027 to allow for the donation and redistribution of cancer drugs between patients of a participating physician. act to add Article 11.7 (commencing with Section 4169.7) to Chapter 9 of Division 2 of the Business and Professions Code, and to add Division 117 (commencing with Section 150400) to the Health and Safety Code, relating to public health.

• SB 336 (Ochoa Bogh) This bill requires the California Department of Public Health or a local health officer, when it issues specified guidance or orders related to preventing the spread of COVID-19 or to protect public health against a threat of COVID-19, to publish the measures on its website and to create an opportunity for local entities to sign up for an email distribution list relative to changes such measures. act to add and repeal Chapter 1.5 (commencing with Section 120120) of Part 1 of Division 105 of the Health and Safety Code, relating to public health, and declaring the urgency thereof, to take effect immediately.

• SB 380 (Eggman) This bill extends the January 1, 2026 sunset date of the End of Life Option Act (EOLA) to January 1, 2031; permits an individual to make a second oral request a minimum of 48 hours from the first request for medical aid in dying; eliminates the final attestation form required to be filled out by the qualified individual within 48 hours prior to self-administering the aid-in-dying medication; and requires health care providers who elect not to participate in EOLA to inform a patient and transfer records to another health care provider. act to amend Sections 443.1, 443.3, 443.4, 443.5, 443.11, 443.14, 443.15, and 443.17 of, and to repeal and add Section 443.215 of, the Health and Safety Code, relating to end of life.

• SB 395 (Caballero) This bill enacts the Healthy Outcomes and Prevention Education Act, which imposes the California Electronic Cigarette Excise Tax on the sale of electronic cigarettes, and directs proceeds of the tax to various purposes. act to amend Section 127885 of, and to add Chapter 1.5 (commencing with Section 130075) to Part 7 of Division 107 of, the Health and Safety Code, and to add Part 13.6 (commencing with Section 31000) to Division 2 of the Revenue and Taxation Code, relating to the Healthy Outcomes and Prevention Education Act, and making an appropriation therefor.

• SB 403 (Gonzalez) This bill authorizes the State Water Resources Control Board (State Water Board) to order the consolidation of at-risk domestic wells and at-risk water systems. act to amend Sections 116681 and 116682 of the Health and Safety Code, relating to drinking water.

• SB 541 (Bates) This bill requires an entity licensed or certified by the Department of Health Care Services to provide substance use disorder treatment services to disclose information about its license or certification, including the number and expiration date, in specified circumstances. act to add Section 11831.12 to the Health and Safety Code, relating to substance use disorder.

• SB 564 (Cortese) This bill permits the Department of Health Care Access and Information (HCAI) to grant an extension of the seismic safety requirement that hospitals be capable of remaining standing following a major earthquake, until a maximum of December 31, 2024, for two hospitals owned by the County of Santa Clara. act to add Section 130068 to the Health and Safety Code, relating to hospitals.

• SB 596 (Becker) This bill requires the California Air Resources Board (ARB), by July 1, 2023, to develop a comprehensive strategy for the state’s cement sector to achieve net-zero greenhouse gas (GHG) emissions no later than December 31, 2045. act to add Section 38561.2 to the Health and Safety Code, relating to greenhouse gases.

• SB 734 (Hueso) This bill allows local agencies to modify specified redevelopment passthrough agreements. act to amend Section 34183 of, and to add Section 34183.1 to, the Health and Safety Code, relating to community redevelopment.

• SB 776 (Gonzalez) An act to amend Section 11352 of the Government Code, to amend Sections 116340, 116385, 116766, and 116767 of the Health and Safety Code, and to add Chapter 6.7 (commencing with Section 13490) to Division 7 of the Water Code, relating to water.

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