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

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Date Published: 05/03/2021 10:00 AM
SB336:v96#DOCUMENT

Amended  IN  Senate  May 03, 2021
Amended  IN  Senate  April 19, 2021
Amended  IN  Senate  March 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 336


Introduced by Senator Ochoa Bogh
(Coauthors: Senators Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, Roth, 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


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 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, or takes measures to reopen the state, they publish the measures and the date that a change or closure would take effect on their internet website. The bill would provide impacted industries and counties 3 days from when the department or local health officials publish those measures to implement any sector changes or closures website, unless there is an immediate danger or an imminent threat to the public requiring immediate action. The bill would also require the department or local health officials to create an opportunity for organizations, communities, nonprofits, and individuals to sign up for an email distribution list relative to changes in related public health orders. By imposing these duties on local officials, the bill 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taken by either the department or a local health officer related to COVID-19 is in effect, and as of that date is repealed.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.
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

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 takes measures to prevent the spread of COVID-19, protect public health against a threat of COVID-19, or reopen the state, the department shall do both of the following:
(a) Publish the measures on its internet website. Any impacted industries and counties will have three days from the date and time the department posts the information on its internet website to implement any sector changes or closures and the date that any sector change or closure will take effect on its internet website, unless circumstances require immediate action. Immediate action is necessary if there is an immediate danger or an imminent threat to the public’s health, welfare, or safety.
(b) Create an opportunity for local communities, businesses, nonprofits, individuals, and others to sign up for an email distribution list relative to changes to the department’s orders.

120122.
 Notwithstanding any other law, including Section 120175, when a health officer takes measures to prevent the spread of COVID-19, protect public health against a threat of COVID-19, or reopen the state, the officer shall do both of the following:
(a) Published the measures on its internet website. Any impacted industries will have three days from the date and time the health officer posts the information on its internet website to implement any sector changes or closures and the date that any sector change or closure will take effect on its internet website, unless circumstances require immediate action. Immediate action is necessary if there is an immediate danger or an imminent threat to the public’s health, welfare, or safety.
(b) Create an opportunity for local communities, businesses, nonprofits, individuals, and others to sign up for an email distribution list relative to changes to a health officer’s orders.

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 that 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.