Bill Text: CA AB772 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child day care facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-01 - Referred to Com. on HUMAN S. [AB772 Detail]

Download: California-2023-AB772-Amended.html

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Amended  IN  Assembly  April 17, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 772

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Introduced by Assembly Member Jackson

February 13, 2023

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An act to add Section 25402.15 to the Public Resources Code, and to add Chapter 8 (commencing with Section 8400) to Division 4.1 of the Public Utilities Code, relating to transportation electrification. amend Section 16165 of the Welfare and Institutions Code, relating to foster children.

LEGISLATIVE COUNSEL'S DIGEST

AB 772, as amended, Jackson. Electric vehicle chargers. State Foster Care Ombudsperson.

Existing law requires the Office of the State Foster Care Ombudsperson to be established in the State Department of Social Services with prescribed powers and duties relating to the management of foster children. Existing law authorizes the ombudsperson, as part of the office’s efforts to resolve complaints related to foster care, to conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including access to, and investigation of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility at any time, upon providing identification.

Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care and residential facilities, including specified residential facilities that provide care for foster youth. Under existing law, the definition of a community care facility includes children’s residential facilities, foster family agencies, foster family homes, and small family homes.

This bill would specify that for purposes of the ombudsperson’s access and inspection authority, “children’s residential facility” also includes foster family agencies, foster family homes, and small family homes, as defined in the California Community Care Facilities Act.

Existing law additionally requires the ombudsperson to submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve a complaint. If the ombudsperson makes a written recommendation, existing law requires the state or county agency, or contractor, to submit a written response to the ombudsperson within 30 calendar days.

This bill would extend the deadline for that written response to 30 business days.

Existing law establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and vests the commission with jurisdiction over various matters related to energy production and usage in the state. Existing law requires the Energy Commission, working with the State Air Resources Board and the Public Utilities Commission (PUC), to prepare and update, as provided, a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least 5,000,000 zero-emission vehicles on California roads by 2030, and of reducing emissions of greenhouse gases to 40% below 1990 levels by 2030.

This bill would require the Energy Commission to require, by regulation, that each single-family residence constructed on and after January 1, 2025, include a rapid compact electric vehicle charger and that each multifamily residence constructed on and after January 1, 2025, include sufficient rapid compact electric vehicle chargers to serve at least 10% of its residential capacity at any given time.

Existing law vests the PUC with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities, as defined, are under the direction of their governing boards.

This bill would require an electrical corporation and local publicly owned electric utility, on and after January 1, 2025, and upon receiving a request from a homeowner in its service territory, to install an electric vehicle charger at the homeowner’s property within a reasonable time. The bill would require the PUC to establish accounts to track moneys allocated and reimbursements made to an electrical corporation or publicly owned electric utility for that purpose.

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because a violation of a commission action implementing this bill’s requirements would be a crime, the bill would impose a state-mandated local program. Additionally, by imposing the requirement described above on local publicly owned electric utilities, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

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

SECTION 1.

 Section 16165 of the Welfare and Institutions Code is amended to read:

16165.

 As part of the office’s efforts to resolve complaints related to foster care, the ombudsperson may do all of the following:

(a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings.

(b) Conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including, but not limited to, both of the following:

(1) Access to, and inspection of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office.

(A) For purposes of this section, “access” means the right to do all of the following:

(i) Enter any licensed or approved children’s residential facility, as defined in paragraph (1), (4), (5), or (6) of subdivision (a) of Section 1502 of the Health and Safety Code, upon providing identification.

(ii) Communicate privately and without restriction with any resident, caregiver, personnel, or volunteer.

(iii) Review and copy any resident record or caregiver file.

(iv) Observe all resident and staff areas of a facility.

(v) Review and reproduce administrative records, policies, and documents of any licensed or approved children’s residential care facility.

(vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order.

(vii) Interview all relevant witnesses.

(B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege.

(2) Observe proceedings and attend hearings, consistent with Section 346.

(c) Attempt to resolve the complaint.

(d) Submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state or county agency, or contractor, shall submit a written response to the ombudsperson within 30 calendar business days.

SECTION 1.Section 25402.15 is added to the Public Resources Code, to read:

25402.15.

The commission shall require, by regulation in Title 24 of the California Code of Regulations, both of the following:

(a)Each single-family residence constructed on and after January 1, 2025, shall include a rapid compact electric vehicle charger.

(b)Each multifamily residence constructed on and after January 1, 2025, shall include sufficient rapid compact electric vehicle chargers to serve at least 10 percent of its residential capacity at any given time.

SEC. 2.Chapter 8 (commencing with Section 8400) is added to Division 4.1 of the Public Utilities Code, to read:

8.Electric Vehicle Chargers

8400.

For purposes of this chapter, “electrical utility” means an electrical corporation, as defined in Section 218, or a local publicly owned electric utility, as defined in Section 224.3.

8401.

On and after January 1, 2025, each electrical utility, upon receiving a request from a homeowner in its service territory pursuant to this chapter, shall, within a reasonable time, install an electric vehicle charger at the homeowner’s property.

8402.

The commission shall establish accounts to track moneys allocated and reimbursements made to electrical utilities for purposes of this chapter.

8403.

It is the intent of the Legislature that the requirements of this chapter be funded through existing appropriations and that electrical utilities be adequately compensated by the state for their actions pursuant to this chapter.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.