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SB-336 Public health: COVID-19.(2021-2022)

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Date Published: 10/05/2021 09:00 PM
SB336:v92#DOCUMENT

Senate Bill No. 336
CHAPTER 487

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.

[ Approved by Governor  October 04, 2021. Filed with Secretary of State  October 04, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 336, 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 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, when the State Department of Public Health issues a statewide order or mandatory guidance, or when a local health officer issues an order, related to preventing the spread of COVID-19, as defined, or protecting public health against a threat of COVID-19, that they publish on their internet website the order or guidance and the date that the order or guidance takes effect. The bill would also require the department or local health officer to create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the order or guidance. By creating new duties for local health officers, the bill would impose a state-mandated local program. The bill would make these provisions operative while an order or mandatory guidance issued by the department or a local health officer is in effect, as provided.
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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 Orders or Mandatory Guidance

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

120121.
 Notwithstanding any other law, including Sections 120130, 120140, and 120145, when the department issues a statewide order or mandatory guidance related to preventing the spread of COVID-19 or protecting public health against a threat of COVID-19, the department shall do both of the following:
(a) Publish, on its internet website, the order or mandatory guidance and the date that the order or mandatory guidance takes effect.
(b) Create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the department’s order or mandatory guidance.

120122.
 Notwithstanding any other law, including Section 120175, when a local health officer issues a jurisdictionwide local order, not in conflict with state law or with orders or mandatory guidance issued pursuant to Section 120121, related to preventing the spread of COVID-19 or protecting public health against a threat of COVID-19, the local health officer shall do both of the following:
(a) Publish, on their internet website, the order and the date that the order takes effect.
(b) Create an opportunity for local communities, businesses, nonprofit organizations, individuals, and others to sign up for an email distribution list relative to changes to the local health officer’s order.

120123.
 This chapter shall remain operative while an order or mandatory guidance issued by the department or a local health officer as described in this chapter is in effect, and this chapter shall be repealed as of January 1 following the date that no order or mandatory guidance described in this chapter is in effect.

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.