California 2021 2021-2022 Regular Session

California Senate Bill SB336 Amended / Bill

Filed 03/15/2021

                    Amended IN  Senate  March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 336Introduced by Senator Ochoa Bogh(Coauthors: Senators Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, and Wilk)February 08, 2021 An 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. LEGISLATIVE COUNSEL'S DIGESTSB 336, as amended, Ochoa Bogh. Public health: COVID-19.Existing law authorizes the State Department of Public Health to take measures, such as ordering isolation, quarantine, and disinfection of persons and places, to study and prevent the spread of a communicable disease. Existing law requires a local health officers officer to take similar measures in the territory under their jurisdiction to prevent the spread of disease. Under existing law, these measures can be issued to be effective immediately and have the force and effect of law. This bill would require that before the State Department of Public Health or a local health official takes measures to prevent the spread of COVID-19, as defined, they publish the measures for 72 hours on their internet website and reach out to local organizations representing local business interests. contact local organizations, communities, and nonprofits. The bill would authorize waiving those requirements if there is an immediate danger to the public. By requiring a local official to publish a measure on its internet website and by requiring that it contact local organizations, communities, and nonprofits, the bill creates would create a state-mandated local program. The bill would remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of that date is repealed.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 1.5 (commencing with Section 120120) is added to Part 1 of Division 105 of the Health and Safety Code, to read: CHAPTER 1.5. COVID-19 Related Public Health Orders120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. (2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.(2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 3. 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 notice to employers, employees, and businesses of the necessary measures to protect public health, so that proper protocols may be implemented to ensure the safe and robust functioning of the economy and labor markets during the COVID-19 pandemic, it is necessary for this act to take effect immediately.

 Amended IN  Senate  March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 336Introduced by Senator Ochoa Bogh(Coauthors: Senators Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, and Wilk)February 08, 2021 An 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. LEGISLATIVE COUNSEL'S DIGESTSB 336, as amended, Ochoa Bogh. Public health: COVID-19.Existing law authorizes the State Department of Public Health to take measures, such as ordering isolation, quarantine, and disinfection of persons and places, to study and prevent the spread of a communicable disease. Existing law requires a local health officers officer to take similar measures in the territory under their jurisdiction to prevent the spread of disease. Under existing law, these measures can be issued to be effective immediately and have the force and effect of law. This bill would require that before the State Department of Public Health or a local health official takes measures to prevent the spread of COVID-19, as defined, they publish the measures for 72 hours on their internet website and reach out to local organizations representing local business interests. contact local organizations, communities, and nonprofits. The bill would authorize waiving those requirements if there is an immediate danger to the public. By requiring a local official to publish a measure on its internet website and by requiring that it contact local organizations, communities, and nonprofits, the bill creates would create a state-mandated local program. The bill would remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of that date is repealed.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  March 15, 2021

Amended IN  Senate  March 15, 2021

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 336

Introduced by Senator Ochoa Bogh(Coauthors: Senators Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, and Wilk)February 08, 2021

Introduced by Senator Ochoa Bogh(Coauthors: Senators Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, and Wilk)
February 08, 2021

 An 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. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 336, as amended, Ochoa Bogh. Public health: COVID-19.

Existing law authorizes the State Department of Public Health to take measures, such as ordering isolation, quarantine, and disinfection of persons and places, to study and prevent the spread of a communicable disease. Existing law requires a local health officers officer to take similar measures in the territory under their jurisdiction to prevent the spread of disease. Under existing law, these measures can be issued to be effective immediately and have the force and effect of law. This bill would require that before the State Department of Public Health or a local health official takes measures to prevent the spread of COVID-19, as defined, they publish the measures for 72 hours on their internet website and reach out to local organizations representing local business interests. contact local organizations, communities, and nonprofits. The bill would authorize waiving those requirements if there is an immediate danger to the public. By requiring a local official to publish a measure on its internet website and by requiring that it contact local organizations, communities, and nonprofits, the bill creates would create a state-mandated local program. The bill would remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of that date is repealed.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes the State Department of Public Health to take measures, such as ordering isolation, quarantine, and disinfection of persons and places, to study and prevent the spread of a communicable disease. Existing law requires a local health officers officer to take similar measures in the territory under their jurisdiction to prevent the spread of disease. Under existing law, these measures can be issued to be effective immediately and have the force and effect of law. 

This bill would require that before the State Department of Public Health or a local health official takes measures to prevent the spread of COVID-19, as defined, they publish the measures for 72 hours on their internet website and reach out to local organizations representing local business interests. contact local organizations, communities, and nonprofits. The bill would authorize waiving those requirements if there is an immediate danger to the public. By requiring a local official to publish a measure on its internet website and by requiring that it contact local organizations, communities, and nonprofits, the bill creates would create a state-mandated local program. The bill would remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of that date is repealed.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 1.5 (commencing with Section 120120) is added to Part 1 of Division 105 of the Health and Safety Code, to read: CHAPTER 1.5. COVID-19 Related Public Health Orders120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. (2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.(2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 3. 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 notice to employers, employees, and businesses of the necessary measures to protect public health, so that proper protocols may be implemented to ensure the safe and robust functioning of the economy and labor markets during the COVID-19 pandemic, it is necessary for this act to take effect immediately.

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

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

SECTION 1. Chapter 1.5 (commencing with Section 120120) is added to Part 1 of Division 105 of the Health and Safety Code, to read: CHAPTER 1.5. COVID-19 Related Public Health Orders120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. (2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.(2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.

SECTION 1. Chapter 1.5 (commencing with Section 120120) is added to Part 1 of Division 105 of the Health and Safety Code, to read:

### SECTION 1.

 CHAPTER 1.5. COVID-19 Related Public Health Orders120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. (2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.(2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.

 CHAPTER 1.5. COVID-19 Related Public Health Orders120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. (2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.(2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.

 CHAPTER 1.5. COVID-19 Related Public Health Orders

 CHAPTER 1.5. COVID-19 Related Public Health Orders

120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.



120120. As used in this chapter, COVID-19 means the 2019 novel coronavirus disease.

120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. (2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.



120121. (a) Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following: 

(a)



(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.

(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county. 



(2) Contacted local organizations, communities, and nonprofits.

(b) Subdivision (a) may be waived if there is an immediate danger to the public.

120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: (a)(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.(2) Contacted local organizations, communities, and nonprofits.(b) Subdivision (a) may be waived if there is an immediate danger to the public.



120122. (a) Notwithstanding any other law, including, but not limited to, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following: 

(a)



(1) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.

(b)Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.



(2) Contacted local organizations, communities, and nonprofits.

(b) Subdivision (a) may be waived if there is an immediate danger to the public.

120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.



120123. This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

### SEC. 2.

SEC. 3. 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 notice to employers, employees, and businesses of the necessary measures to protect public health, so that proper protocols may be implemented to ensure the safe and robust functioning of the economy and labor markets during the COVID-19 pandemic, it is necessary for this act to take effect immediately.

SEC. 3. 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 notice to employers, employees, and businesses of the necessary measures to protect public health, so that proper protocols may be implemented to ensure the safe and robust functioning of the economy and labor markets during the COVID-19 pandemic, it is necessary for this act to take effect immediately.

SEC. 3. 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:

### SEC. 3.

In order to provide notice to employers, employees, and businesses of the necessary measures to protect public health, so that proper protocols may be implemented to ensure the safe and robust functioning of the economy and labor markets during the COVID-19 pandemic, it is necessary for this act to take effect immediately.