Amended  IN  Senate  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 487

Introduced by Senator Rubio

February 17, 2021

An act to amend Section 104365 of the Health and Safety Code, relating to tobacco control. An act to amend Sections 104370 and 104470 of, and to add Section 104370.1 to, the Health and Safety Code, relating to tobacco control.


LEGISLATIVE COUNSEL'S DIGEST


SB 487, as amended, Rubio. Tobacco Education and Research Oversight Committee.
Existing law establishes the Tobacco Education and Research Oversight Committee to advise the State Department of Public Health and the State Department of Education on policy development, integration, and evaluation of tobacco education programs. Under existing law, the committee is composed of 13 members representing certain groups and entities, including 2 representatives of a target population group appointed by the Governor. Under existing law, the committee is required to create a comprehensive master plan, based on the results of specified programs and other proven methodologies, with the goal of achieving a 75% reduction in tobacco consumption in California by 1999. Existing law requires the committee to submit the master plan to the Legislature biennially. Existing law requires the State Department of Education to make periodic reports to the committee about the status and funding of specified tobacco education programs.

This bill would instead specify, for those 2 committee members, that one member be a representative of Black, Hispanic, Native American, and Asian-Pacific American populations, pregnant women, and current smokers, and that the other member be a schoolage youth, each appointed by the Governor.

This bill would change the date for the master plan’s goal of 75% reduction of tobacco consumption to 2030. The bill would require that the submission of the master plan to the Legislature occur by January 1 biennially. The bill would also require the committee to report to the Legislature, on or before January 1 of each year, specified information about funding received and spent by the State Department of Public Health, the State Department of Education, the University of California, the California Department of Tax and Fee Administration, the Department of Justice, and the State Department of Health Care Services. The bill would require that the State Department of Education’s periodic reports to the committee on the status and funding of specified programs occur every 6 months.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 104370 of the Health and Safety Code is amended to read:

104370.
 The committee shall be advisory to the department, the University of California, and State Department of Education for the following purposes:
(a)  Evaluation of research, school- and community-based programs funded under this article as necessary in order to assess the overall effectiveness of efforts made by the programs to reduce the use of tobacco products. In order to evaluate tobacco education, research, and cessation programs, the committee shall seek the cooperation and assistance of the department, the State Department of Education, county offices of education, local lead agencies, administrative representatives, target populations, school officials, and researchers. A principal measurement of effectiveness shall be reduction of smoking rates among a given target population. population, including reduction of electronic cigarette use among schoolage youth.
(b)  Facilitation of programs directed at reducing and eliminating tobacco use that are operated jointly by more than one agency or entity. The committee shall propose strategies for the coordination of proposed programs administered by the department, the University of California, and the State Department of Education in order to avoid the duplication of services and to maximize the public benefit of the programs.
(c)  Make recommendations to the department, the University of California, and the State Department of Education regarding the most appropriate criteria for the selection of, standards of the operation of, and the types of programs to be funded under this article.
(d)  Reporting to the Legislature on or before January 1 of each year on the number and amount of tobacco education programs funded by the Health Education Account, created by Section 30122 of the Revenue and Taxation Code, the amount of money in the account, any moneys previously appropriated to the department, the University of California, and the State Department of Education but unspent by the departments, a description and assessment of all programs funded under this article, and recommendations for any necessary policy changes or improvements for tobacco education programs.
(e)  Ensuring that the most current research findings regarding tobacco use prevention are applied in designing the tobacco education programs administered by the department and the State Department of Education. The department and the State Department of Education shall apply the most current findings and recommendations of research including research funded by the Research Account of the Cigarette and Tobacco Products Surtax Fund created by Section 30122 of the Revenue and Taxation Code.
(f)  Based on the results of programs supported by this article and any other proven methodologies available to the committee, produce a comprehensive master plan for implementing tobacco education programs throughout this state for the prevention and cessation of tobacco use. The master plan shall include implementation strategies for each target population specified in Section 104360 for programs throughout this state. The Tobacco Education and Research Oversight Committee shall submit the master plan to the Legislature Legislature, on or before January 1, biennially. The master plan and its revisions shall include recommendations on administrative arrangements, funding priorities, integration and coordination of approaches by the department, the University of California, and the State Department of Education and their support systems, as well as progress reports relating to each target population. The master plan shall establish a goal of achieving a 75-percent reduction in tobacco consumption in California by the year 1999. 2030.

SEC. 2.

 Section 104370.1 is added to the Health and Safety Code, to read:

104370.1.
 The committee shall report to the Legislature, on or before January 1 of each year, the following information related to the previous fiscal year for the State Department of Public Health, the State Department of Education, the University of California, the California Department of Tax and Fee Administration, the Department of Justice, and the State Department of Health Care Services:
(a) The amount of money each department and the University of California received pursuant to either Section 30130.55 or 30130.57 of the Revenue and Taxation Code, delineated by departmental program.
(b) The amount of the money each department and the University of California spent by departmental program, and the amount of the money each department and the University of California obligated for future spending but did not spend by departmental program.
(c) Any corrections to the financial information reported pursuant to this section in the previous three fiscal years.

SEC. 3.

 Section 104470 of the Health and Safety Code is amended to read:

104470.
 The State Department of Education shall make periodic reports every six months to the committee regarding the status and funding of tobacco education programs funded under this article as required by the committee. The reports shall include an overview of program and grant expenditures funded under this article.

SECTION 1.Section 104365 of the Health and Safety Code is amended to read:
104365.

(a) There is hereby created the Tobacco Education and Research Oversight Committee in state government that shall advise the department and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs funded under this article, and for development of a master plan for the future implementation of tobacco education programs.

(b) The Tobacco Education Oversight Committee shall be composed of 13 members to be appointed as follows:

(1) Two members representing volunteer health organizations dedicated to the reduction of tobacco use appointed by the Speaker of the Assembly.

(2) One member representing an organization that represents health care employees appointed by the Senate Rules Committee.

(3) One member of a professional education association, such as an association of teachers, appointed by the Senate Rules Committee.

(4) One member of a university facility with expertise in programs intended to reduce tobacco use appointed by the Governor.

(5)One representative of a target population group as described in subdivision (b) of Section 104360, and one schoolage youth, each appointed by the Governor.

(6) One representative of the department appointed by the Governor.

(7) One representative of the State Department of Education appointed by the Superintendent of Public Instruction.

(8) One member representing the interests of the general public appointed by the Governor.

(9) One representative of local health departments appointed by the Governor.

(10) One member representing a volunteer health organization dedicated to the reduction of tobacco-associated injury appointed by the Governor.

(11) One member from the Tobacco-Related Disease Research Program appointed by the Governor.

(c) Members shall serve for a term of two years, renewable at the option of the appointing authority. The initial appointments of members shall be for two or three years, to be drawn by random lot at the first meeting. The committee shall be staffed by the department’s coordinator of the program created pursuant to Section 104375.

(d) The committee shall meet as often as it deems necessary, but shall meet not less than four times per year.

(e) The members of the committee shall serve without compensation, but shall be reimbursed for necessary travel expenses incurred in the performance of the duties of the committee.