Bill Text: CA AB876 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Pajaro River Flood Risk Management Project: environmental laws: exemptions.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 816, Statutes of 2023. [AB876 Detail]

Download: California-2023-AB876-Amended.html

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Amended  IN  Senate  August 28, 2023

Amended  IN  Senate  August 15, 2023

Amended  IN  Senate  June 29, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 876

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Introduced by Assembly Member Robert Rivas
(Coauthor: Assembly Member Addis)
(Coauthors: Senators Caballero and Laird)

February 14, 2023

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An act to amend Section 10850.4 of the Welfare and Institutions Code, relating to child welfare. An act relating to the Pajaro River Flood Risk Management Project, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 876, as amended, Robert Rivas. Child fatalities and near fatalities: records. Pajaro River Flood Risk Management Project: environmental laws: exemptions.

Existing law provides for funding for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the federal Flood Control Act of 1966. Existing law also requires a flood management project that receives financial assistance, as provided, to meet specified requirements, and requires the Department of Water Resources or a specified state entity to submit a report to the Legislature that indicates whether the project meets those requirements.

This bill would exempt the Pajaro River flood control project from various state and local environmental laws and regulations, only until a specified date. The bill would also provide that a specified report, as described, regarding the flood management project would constitute conclusive evidence that the project meets all applicable laws and regulations of the state or any local or regional regulatory agency relating to avoidance, minimization, or mitigation of environmental impacts.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires certain documents from the juvenile case file for a child who died as a result of abuse or neglect, as specified, to be released by the county custodian of records upon request and subject to redaction of certain identifying personal information upon completion of the child abuse or neglect investigation into the child’s death.

This bill, for cases in which a child’s or nonminor dependent’s death occurred while the child or nonminor dependent was subject to the court’s jurisdiction, would authorize the court to retain jurisdiction for the exclusive purpose of receiving documents and information related to the circumstances of the death, including, but not limited to, medical records, police reports, and autopsy reports. The bill would require that jurisdiction be retained, if a party so requests, for the purpose of receiving the materials described in the bill, until the records have been received. The bill would require a court to terminate jurisdiction upon receipt of those materials, even if the cause of death is indeterminate. The bill would require the Judicial Council to adopt a rule of court to implement these provisions.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Recent catastrophic flooding in the community of Pajaro in the County of Monterey, located in the Pajaro River watershed, as well as other major floods in that watershed over the past several decades, have highlighted the need to develop modern flood control infrastructure to protect that region and the disadvantaged communities located there as expeditiously as possible. Historical inequities in state and federal flood control funding and policies have left the communities in the Pajaro River watershed, many of which are disadvantaged and economically distressed, with inadequate protection from flood risks.

(b) In addition to its public benefits relating to flood protection, the Pajaro River Project will restore or provide habitat for California native fish and wildlife. The Pajaro River Project has been designated an Engineering With Nature project under the United States Army Corps of Engineers’ program of the same name based on the habitat benefits created, enhanced, and restored by the design and configuration of improvements, and the state has partnered with the project nonfederal sponsor to incorporate habitat and groundwater recharge enhancements through Ecological Floodplain Inundation Potential (EcoFIP) analysis and implementation. Due to the environmental and habitat benefits to be created, enhanced, and restored, the project is consistent with various elements of Executive Order No. N-82-20, including the goal of conserving 30 percent of California’s lands and coastal waters by 2030.

(c) The Pajaro River Project aligns with the vision behind numerous state efforts to increase the pace and scale of environmental restoration and land management efforts by streamlining the state’s process to approve and facilitate conservation and restoration projects in a manner that safeguards the state’s economic sustainability and food security, protects and restores biodiversity, and builds climate resilience. These include, but are not limited to, Section 21080.56 of the Public Resources Code and Section 15333 of Title 14 of the California Code of Regulations, as well as the state’s “Cutting the Green Tape” initiatives and the expedited process for dam removal along the Klamath River laid out in Section 21166.2 of the Public Resources Code, all of which aim to expedite environmentally beneficial projects to combat our ongoing climate and biodiversity crises and provide environmental quality and access to the outdoors in historically disadvantaged communities.

(d) Executive Order No. N-10-23 suspended the application of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that chapter; certain statutes, rules, and requirements applicable to activities under the jurisdiction of the State Water Resources Control Board and the regional water quality control boards; and Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division to levee repairs, debris and sediment removal, and vegetation management activities in the Pajaro River and its tributaries completed before November 1, 2023, but legislation is needed to provide regulatory consistency over the lifespan of the project.

SEC. 2.

 (a) For purposes of this section, “Pajaro River Project” means the project for flood control on the Pajaro River and its tributaries in the Counties of Monterey and Santa Cruz, as authorized by Public Law 89-789 and Public Law 101-640.

(b) To protect health, safety, and the environment and to reduce the risks of local catastrophic flooding, notwithstanding any other law, the Pajaro River Project and the issuance of any permit, funding, or other project approval by a state or local agency relating thereto is exempt from all of the following:

(1) Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and the regulations adopted pursuant to that chapter.

(2) Waste discharge requirements and any related mitigation requirements pursuant to Division 7 (commencing with Section 13000 of the Water Code), including Sections 13260 and 13263 of the Water Code, and regulations adopted pursuant to those sections, except pursuant to applicable general permit requirements.

(c) The environmental assessment related to the Pajaro River Project prepared by the United States Army Corps of Engineers pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) shall be conclusively presumed to satisfy the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code for the Pajaro River Project and the issuance of any permit, funding, or other project approval by a state or local agency relating thereto if all of the following apply:

(1) The project will increase the level of flood protection for disadvantaged communities, as defined in Section 79505.5 of the Water Code, as described in a nonfederal cost-share report submitted to the Department of Water Resources for the project.

(2) The project has been designated an Engineering With Nature project under the United States Army Corps of Engineers’ program of the same name based on the habitat benefits created, enhanced, and restored by the design and configuration of improvements.

(3) The state has partnered with the project nonfederal sponsor or federal sponsor to incorporate habitat and groundwater recharge enhancements through Ecological Floodplain Inundation Potential (EcoFIP) analysis and implementation.

(d) The report prepared pursuant to paragraph (1) of subdivision (b) of Section 12582.7 of the Water Code determining that the project meets the requirements of subdivision (a) of that section shall constitute conclusive evidence that the project meets all applicable laws and regulations of the state or any local or regional regulatory agency relating to avoidance, minimization, or mitigation of environmental impacts, as may be documented by technical reports required pursuant to that section. The nonfederal and local sponsor or sponsors of the project shall provide technical reports and underlying data and information as reasonably required for purposes of paragraph (1) of subdivision (b) of Section 12582.7 of the Water Code.

(e) This section shall remain in effect only until the date the Department of Water Resources, the United States Army Corps of Engineers, or a Pajaro River Project local sponsor issues a public declaration that the Pajaro River Project has been completed, and as of that date is repealed.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique flood risk challenges the communities along the Pajaro River face. For that reason, in order to remedy historical inequities in state flood control efforts and protect the communities along the Pajaro River from the risk of flooding, including the impacts of frequent flooding and flood evacuation orders within the Pajaro Valley Unified School District as acknowledged in Executive Order No. N-6-23, a special statute is needed that furthers the goals of Executive Order No. N-10-23 to protect communities within the Pajaro River watershed from flooding.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to provide adequate flood protection to disadvantaged communities in the Pajaro Valley as expeditiously as possible, it is necessary for this act to take effect immediately.

SECTION 1.Section 10850.4 of the Welfare and Institutions Code is amended to read:

10850.4.

(a)Within five business days of learning that a child fatality has occurred in the county and that there is a reasonable suspicion that the fatality was caused by abuse or neglect, the custodian of records for the county child welfare agency, upon request, shall release the following information:

(1)The age and gender of the child.

(2)The date of death.

(3)Whether the child resided in foster care or in the home of the child’s parent or guardian at the time of death.

(4)Whether an investigation is being conducted by a law enforcement agency or the county child welfare agency.

(b)All cases in which abuse or neglect, as defined by paragraph (1) of subdivision (k), leads to a child’s death shall be subject to the disclosures required in subdivision (c). Abuse or neglect is determined to have led to a child’s death if one or more of the following conditions are met:

(1)A county child protective services agency determines that the abuse or neglect was substantiated.

(2)A law enforcement investigation concludes that abuse or neglect occurred.

(3)A coroner or medical examiner concludes that the child who died had suffered abuse or neglect.

(c)Upon completion of the child abuse or neglect investigation into the child’s death, as described in subdivision (b), the following documents from the juvenile case file shall be released by the custodian of records upon request, subject to the redactions set forth in subdivision (e):

(1)All of the information in subdivision (a).

(2)For cases in which the child’s death occurred while living with a parent or guardian, all previous referrals of abuse or neglect of the deceased child while living with that parent or guardian shall be disclosed along with the following documents:

(A)The emergency response referral information form and the emergency response notice of referral disposition form completed by the county child welfare agency relating to the abuse or neglect that caused the death of the child.

(B)Any cross reports completed by the county child welfare agency to law enforcement relating to the deceased child.

(C)All risk and safety assessments completed by the county child welfare services agency relating to the deceased child.

(D)All health care records of the deceased child, excluding mental health records, related to the child’s death and previous injuries reflective of a pattern of abuse or neglect.

(E)Copies of police reports about the person against whom the child abuse or neglect was substantiated.

(F)A description of child protective or other services provided and actions taken by the child welfare agency, and juvenile court if applicable, relating to the deceased child, addressing any services and actions that are not otherwise disclosed within other documents required for release pursuant to this section, including the date and a written description of any such service or action taken.

(3)For cases in which the child’s death occurred while the child was in foster care, the following documents in addition to those specified in paragraphs (1) and (2) generated while the child was living in the foster care placement that was the placement at the time of the child’s death:

(A)Records pertaining to the foster placement’s initial licensing and renewals and type of license or licenses held, if in the case file.

(B)All reported licensing violations, including notices of action, if in the case file.

(C)Records of the training completed by the foster parents, if in the case file.

(d)(1)The documents and information listed in paragraph (1) of, and subparagraphs (A) to (E), inclusive, of paragraph (2) of, subdivision (c) shall be released to the public by the custodian of records within 10 business days of the request or the disposition of the investigation, whichever is later.

(2)The description listed in subparagraph (F) of paragraph (2) of subdivision (c) shall be released to the public by the custodian of records within 10 business days after the release of the documents pursuant to paragraph (1).

(e)(1)Prior to releasing any document pursuant to subdivision (c), the custodian of records shall redact the following information:

(A)The names, addresses, telephone numbers, ethnicity, religion, or any other identifying information of any person or institution, other than the county or the State Department of Social Services, that is mentioned in the documents listed in paragraphs (2) and (3) of subdivision (c).

(B)Any information that would, after consultation with the district attorney, jeopardize a criminal investigation or proceeding.

(C)Any information that is privileged, confidential, or not subject to disclosure pursuant to any other state or federal law.

(2)(A)The State Department of Social Services shall promulgate a regulation listing the laws described in subparagraph (C) of paragraph (1) and setting forth standards governing redactions.

(B)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 of the Government Code), until emergency regulations are filed with the Secretary of State, the State Department of Social Services may implement the changes made to Section 827 and this section at the 2007–08 Regular Session of the Legislature through all-county letters or similar instructions from the director. The department shall adopt emergency regulations, as necessary to implement those changes, no later than January 1, 2009.

(C)The adoption of regulations pursuant to this paragraph shall be deemed to be an emergency necessary for the immediate preservation of the public peace, health, safety, or general welfare. The emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted for filing with the Secretary of State and shall remain in effect for no more than 180 days, by which time the final regulations shall be adopted.

(f)Upon receiving a request for the documents listed in subdivision (c), the custodian of records shall notify and provide a copy of the request and the responsive documents upon counsel for any child who is directly or indirectly connected to the juvenile case file. If counsel for a child, including the deceased child or any sibling of the deceased child, objects to the release of any part of the documents listed in paragraphs (2) and (3) of subdivision (c), they may petition the juvenile court for relief to prevent the release of any document or part of a document requested pursuant to paragraph (2) of subdivision (a) of Section 827.

(g)Juvenile case file records that are not subject to disclosure pursuant to this section shall only be disclosed upon an order by the juvenile court pursuant to Section 827.

(h)Once documents pursuant to this section have been released by the custodian of records, the State Department of Social Services or the county welfare department or agency may comment on the case within the scope of the release. If the county welfare department or agency comments publicly about the case within the scope of the release pursuant to this subdivision, the social worker on the case may also comment publicly about the case within the scope of the release.

(i)Information released by a custodian of records consistent with the requirements of this section does not require prior notice to any other individual.

(j)Each county welfare department or agency shall notify the State Department of Social Services of every child fatality that occurred within its jurisdiction that was the result of child abuse or neglect. Based on these notices and any other relevant information in the State Department of Social Services’ possession, the department shall annually issue a report identifying the child fatalities and any systemic issues or patterns revealed by the notices and other relevant information.

(k)For purposes of this section, the following definitions apply:

(1)“Child abuse or neglect” and “abuse or neglect” have the same meaning as defined in Section 11165.6 of the Penal Code.

(2)“Custodian of records,” for the purposes of this section and paragraph (2) of subdivision (a) of Section 827, means the county welfare department or agency.

(3)“Juvenile case files” or “case files” includes any juvenile court files, as defined in Rule 5.552 of the California Rules of Court, and any county child welfare department or agency or State Department of Social Services records regardless of whether they are maintained electronically or in paper form.

(4)“Substantiated” has the same meaning as that term is used with respect to a substantiated report as defined in Section 11165.12 of the Penal Code.

(l)A person disclosing juvenile case file information as required by this section shall not be subject to liability in any civil or criminal proceeding for complying with the requirements of this section.

(m)This section shall apply only to deaths that occur on or after January 1, 2008.

(n)This section does not require a custodian of records to retain documents beyond any date otherwise required by law.

(o)This section does not require a custodian of records to obtain documents not in the case file.

(p)This section does not authorize the disclosure of information that reveals the identity of a person or persons who provided information related to suspected abuse, neglect, or maltreatment of the child.

(q)(1)For cases in which the death of a child or nonminor dependent occurred while the child or nonminor dependent was subject to the jurisdiction of the court, the court may retain jurisdiction on its own motion or at the request of any party to the dependency case for the exclusive purpose of receiving documents and information related to the circumstances of the death, including, but not limited to, medical records, police reports, and autopsy reports. When jurisdiction is retained pursuant to this paragraph, the custodian of records shall treat the juvenile court as a requester pursuant to subdivision (c).

(2)Notwithstanding any other law, if a party requests that jurisdiction be retained for the purpose of receiving the records, jurisdiction shall remain open until the records have been received.

(3)For purposes of this subdivision, “party” includes a deceased child’s parent, legal guardian or Indian custodian and their counsel of record, if any, the counsel who had been representing the deceased child at the time of the child’s death, any intervening sibling and their counsel, and a child’s tribe regardless of whether the tribe has intervened pursuant to Section 224.4 and any counsel for the tribe.

(4)The court shall terminate all jurisdiction upon receiving records for the purposes described in paragraph (1), even if the cause of death is indeterminate.

(5)This subdivision does not require a child welfare agency to gather information from other investigating agencies for the purpose of providing them to the juvenile court if the child welfare agency is not already investigating the cause of death.

(6)The Judicial Council shall adopt a rule of court to implement this subdivision.