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AB-2393 Environmental protection: Natural Resources Agency: coastal adaptation projects: sea level rise: regulatory review and permitting: report.(2019-2020)

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Date Published: 05/01/2020 09:00 PM
AB2393:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2393

Introduced by Assembly Member Petrie-Norris

February 18, 2020

An act to amend Section 95014 of the Government Code, relating to services for children with disabilities. add Section 71160 to the Public Resources Code, relating to environmental protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 2393, as amended, Petrie-Norris. California Early Intervention Services Act. Environmental protection: Natural Resources Agency: coastal adaptation projects: sea level rise: regulatory review and permitting: report.
Existing law establishes the Natural Resources Agency. Existing law requires the agency, by July 1, 2017, and every 3 years thereafter, to update the state’s climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors.
This bill would enact the Coastal Adaptation Permitting Act of 2020. The bill would require the agency to explore, and authorize it to implement, options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects, as defined. The bill would require the agency to submit, by July 1, 2022, a report to the Legislature with suggestions and recommendations for improving and expediting the regulatory review and permitting process for coastal adaptation projects.

Existing law, the California Early Intervention Services Act, contingent upon the state’s participation in Part C of the federal Individuals with Disabilities Education Act for individuals from birth to 2 years of age, inclusive, provides a statewide system of coordinated, comprehensive family-centered, multidisciplinary, interagency programs, responsible for providing appropriate early intervention services and supports to eligible infants and toddlers and their families. Infants and toddlers from birth to 2 years of age, inclusive, for whom a need for early intervention services, as specified in the federal act, is documented and who meet specified criteria, including having a developmental delay in specified areas, are eligible for the program.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 This measure shall be known, and may be cited, as the Coastal Adaptation Permitting Act of 2020.

SEC. 2.

 Section 71160 is added to the Public Resources Code, to read:

71160.
 (a) The agency shall explore and may implement options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects.
(b) (1) By July 1, 2022, the agency shall report to the Legislature on suggestions and recommendations for improving and expediting the regulatory review and permitting process for coastal adaptation projects.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code.
(3) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(c) For purposes of this section, “coastal adaptation projects” means activities intended or designed to address, mitigate, or prevent the adverse social and economic effects of sea level rise.

SECTION 1.Section 95014 of the Government Code is amended to read:
95014.

(a)For purposes of this title, “eligible infant or toddler” means infants and toddlers from birth through two years of age, for whom a need for early intervention services, as specified in the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) and applicable regulations, is documented by means of assessment and evaluation as required in Sections 95016 and 95018 and who meet one of the following criteria:

(1)Infants and toddlers with a developmental delay in one or more of the following five areas: cognitive development; physical and motor development, including vision and hearing; communication development; social or emotional development; or adaptive development. Infants and toddlers with a developmental delay are those who are determined to have a significant difference between the expected level of development for their age and their current level of functioning. This determination shall be made by qualified personnel who are recognized by, or part of, a multidisciplinary team, including the parents. A significant difference is defined as a 33-percent delay in one or more developmental areas.

(2)Infants and toddlers with established risk conditions, who are infants and toddlers with conditions of known etiology or conditions with established harmful developmental consequences. The conditions shall be diagnosed by qualified personnel recognized by, or part of, a multidisciplinary team, including the parents. The condition shall be certified as having a high probability of leading to developmental delay if the delay is not evident at the time of diagnosis.

(3)Infants and toddlers who are at high risk of having substantial developmental disability due to a combination of biomedical risk factors, the presence of which are diagnosed by qualified personnel recognized by, or part of, a multidisciplinary team, including the parents.

(b)Regional centers and local educational agencies shall be responsible for ensuring that eligible infants and toddlers are served as follows:

(1)The State Department of Developmental Services and regional centers shall be responsible for the provision of appropriate early intervention services that are required for California’s participation in Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for all infants eligible under this section, except for those infants with solely a visual, hearing, or severe orthopedic impairment, or any combination of those impairments, who meet the criteria in Sections 56026 and 56026.5 of the Education Code, and in Section 3030(a) or (b) of, and Section 3031 of, Title 5 of the California Code of Regulations.

(2)The State Department of Education and local educational agencies shall be responsible for the provision of appropriate early intervention services in accordance with Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.) for infants with solely a visual, hearing, or severe orthopedic impairment, or any combination of those impairments, who meet the criteria in Sections 56026 and 56026.5 of the Education Code, and in Section 3030(a) or (b) of, and Section 3031 of, Title 5 of the California Code of Regulations, and who are not eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).

(3)The transfer procedures and timelines, as provided under subdivision (d) of Section 4643.5 of the Welfare and Institutions Code, shall apply if the circumstances pertaining to an eligible infant or toddler are that the child (A) has an order for foster care placement, is awaiting foster care placement, or is placed in out-of-home care through voluntary placement as defined in subdivision (o) of Section 11400 of the Welfare and Institutions Code, and (B) transfers between regional centers.

(c)For infants and toddlers and their families who are eligible to receive services from both a regional center and a local educational agency, the regional center shall be the agency responsible for providing or purchasing appropriate early intervention services that are beyond the mandated responsibilities of local educational agencies and that are required for California’s participation in Part C of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1431 et seq.). The local educational agency shall provide special education services up to its funded program capacity as established annually by the State Department of Education in consultation with the State Department of Developmental Services and the Department of Finance.

(d)An agency or multidisciplinary team, including any agency listed in Section 95012, shall not presume or determine eligibility, including eligibility for medical services, for any other agency. However, regional centers and local educational agencies shall coordinate intake, evaluation, assessment, and individualized family service plans for infants and toddlers and their families who are served by an agency.

(e)Upon termination of the program pursuant to Section 95003, the State Department of Developmental Services shall be responsible for the payment of services pursuant to this title.