Archive for the ‘State of California’ Category

Bay Area Stay-At-Home order extended indefinitely

Saturday, January 9th, 2021

From www.cdph.ca.gov.

  • Until a region’s four-week ICU projection shows a capacity of greater than or equal to 15%

  • The extended order, directs residents to stay at home except for work, shopping or other essential activities, such as medical appointments. Gov. recommends no non-essential travel more than 120 miles from home.

  • Latest total numbers for Contra Costa County: 46,618 cases, 389 deaths

In announcing the most recent statistics on COVID-19, including data on intensive care unit (ICU) capacity across the state, today, Saturday, Jan. 9, 2021 the California Department of Public Health (CDPH) extended the Stay-At-Home order indefinitely. That’s based on the latest ICU data showing 3.0% of current available ICU capacity.

Once a region’s four-week ICU projection shows a capacity of greater than or equal to 15%, the order will be lifted for that area. The state will assess the region’s ICU projections in the coming days and announce a formal decision on whether Bay Area meets criteria to exit the order.

Current Available ICU Capacity by Region

  • Bay Area: 3.0%
  • Greater Sacramento: 6.4%
  • Northern California: 27.5%
  • San Joaquin Valley: 0.0%
  • Southern California: 0.0%

* Today’s current available ICU capacity is based on numbers reported as of January 8, 2021.

Current Status of Regional Stay at Home Order in Affected Regions

  • Bay Area: Remains under order; The region’s four-week ICU projections will be assessed in the coming days.
  • San Joaquin Valley: Remains under order; four-week ICU capacity projections do not meet criteria to exit order.
  • Southern California: Remains under order; four-week ICU capacity projections do not meet criteria to exit order.
  • Greater Sacramento: Remains under order; four-week ICU capacity projections do not meet criteria to exit order.

ICU capacity projections for regions that are eligible to exit the order are calculated daily based on four factors: current estimated regional ICU capacity available, measure of current community transmission, current regional case rates and the proportion of ICU cases being admitted. Decreasing community transmission and increasing the health system capacity can help a region’s projected ICU capacity so they can exit the order. Read the full Regional Stay Home OrderSupplement to the Order, and frequently asked questions.

Due to high rates of COVID-19 hospitalizations impacting the health care system, California is also under a Limited Stay at Home Order. The order applies to all counties that are currently under the Regional Stay at Home Order and those in Tier One (Purple) of the Blueprint for a Safer Economy. The Limited Stay at Home Order will expire after the Regional Stay At Home Order has been terminated in all regions of the state.

Hospital Surge Order

On January 5, CDPH issued a public health order to reduce pressure on strained hospital systems. To preserve services for the sickest patients, the hospital surge order requires some non-essential and non-life-threatening surgeries to be delayed in counties with 10% or less of ICU capacity under the Regional Stay at Home Order where the regional ICU capacity is at 0%. Examples of procedures that may be delayed include carpal tunnel release and non-urgent spine surgeries. Surgeries for patients who have serious and urgent medical conditions will continue. Examples of procedures that will continue include serious cancer removal and necessary heart surgeries. The order will remain in effect for at least three weeks and will continue until rescinded.

The order requires hospitals statewide to accept patient transfers from facilities that have implemented contingency or crisis care guidelines as long as those transfers can be done capably and safely. On December 28, 2020 CDPH provided guidance to health care facilities on implementing the Crisis Care Continuum Guidelines issued in June 2020.

Counties Currently Impacted by the Hospital Surge Order:

San Joaquin Valley: Fresno, Kern, Kings, Madera, Merced, San Benito, San Joaquin, and Stanislaus

Southern California: Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura

Statewide COVID-19 Data as of Today

  • California has 2,621,277 confirmed cases to date. Numbers may not represent true day-over-day change as reporting of test results can be delayed.
  • There were 52,636 newly recorded confirmed cases Friday.
  • The 7-day positivity rate is 14.0% and the 14-day positivity rate is 14.0%.
  • There have been 35,353,748 tests conducted in California. This represents an increase of 326,418 during the prior 24-hour reporting period.
  • As case numbers continue to rise in California, the total number of individuals who will have serious outcomes will also increase. There have been 29,233 COVID-19 deaths since the start of the pandemic.
  • As of January 9, a total of 734,405 vaccine doses have been administered statewide. As of January 8, a total of 2,060,800 vaccine doses, which includes the first and second dose, have been shipped to local health departments and health care systems that have facilities in multiple counties.

Tracking COVID-19 in California

State Dashboard – Daily COVID-19 data
County Map – Local data, including tier status and ICU capacity
Data and Tools – Models and dashboards for researchers, scientists and the public
Blueprint for a Safer Economy – Data for establishing tier status

ADDITIONAL DATA & UPDATES

Updated Travel Advisory

CDPH has issued an updated travel advisory. Except in connection with essential travel, Californians should avoid non-essential travel to any part of California more than 120 miles from one’s place of residence, or to other states or countries. Avoiding travel reduces the risk of virus transmission, including by reducing the risk that new sources of infection and, potentially, new virus strains will be introduced to California. Postponing travel and staying home is the best way to protect yourself and others from COVID-19. Non-essential travelers from other states or countries are strongly discouraged from entering California and should adhere to the state’s self-quarantine procedures for 10 days

Safe Schools for All Plan

Governor Newsom released his California’s Safe Schools for All plan, California’s framework to support schools to continue operating safely in person and to expand the number of schools safely resuming in-person instruction.

Vaccinate All 58

The COVID-19 vaccination is one of the most important tools to end the pandemic. California will distribute a safe and effective COVID-19 vaccine in a fair way to everyone who wants it in all 58 counties. Visit the Vaccinate All 58 webpage.

Health Care Workers

As of January 8, local health departments have reported 74,589 confirmed positive cases in health care workers and 281 deaths statewide.

Health Equity

The COVID-19 pandemic has highlighted existing inequities in health that are the result of structural racism and poverty, and the disproportionate prevalence of underlying conditions such as asthma and heart disease among Latinos and African Americans. California is committed to understanding these inequities to help ensure the best health outcomes for all Californians. View COVID-19 Race & Ethnicity Data and Cases and Deaths by Age Group. Visit the new Health Equity Dashboard.

Testing Turnaround Time

The testing turnaround time dashboard reports how long California patients are waiting for COVID-19 test results. During the week of December 27 to January 2, the average time patients waited for test results was 1.4 days. During this same time period, 60% of patients received test results in one day and 87% received them within two days.

Multisystem Inflammatory Syndrome in Children (MIS-C)

As of January 4, 161 cases of Multisystem Inflammatory Syndrome in Children (MIS-C) have been reported statewide. MIS-C is a rare inflammatory condition associated with COVID-19 that can damage multiple organ systems. MIS-C can require hospitalization and be life threatening.

Your Actions Save Lives

Protect yourself, family, friends and your community by following these prevention measures:

  • If you are experiencing symptoms of COVID-19 (fever, cough, shortness of breath, fatigue, muscle or body aches), call your health care provider.
  • If you believe you have been exposed, get tested. Free, confidential testing is available statewide.
  • Stay home except for essential activities and follow local public health guidance.
  • Keep interactions to people who live in your household.
  • Wear a cloth face mask when out in public.
  • Avoid non-essential travel and stay close to home; self-quarantine for 10 days after arrival if you leave the state.
  • Wash hands with soap and water for at least 20 seconds.
  • Avoid close contact with people who are sick and stay home from work, school or other people if you feel ill.
  • Add your phone to the fight by signing up for COVID-19 exposure notifications from CA Notify.
  • Answer the call if a contact tracer from the CA COVID Team or local health department tries to connect.

U.S. Supreme Court sides with California church overturns Newsom’s ban on indoor services, Bible studies

Friday, December 4th, 2020

Pastor Ché Ahn speaks at Harvest Rock Church in Pasadena, California in 2019 (left) and on Feb. 28, 2020. Photos: Harvest Rock Church Facebook page.

“This order frees up churches in all of California to have indoor services, again.” – Liberty Counsel

By Allen Payton

In the lawsuit by Pasadena-based Harvest Rock Church and Harvest International Ministry against Governor Gavin Newsom over his ban on all worship services and Bible studies in California, the U.S. Supreme Court ruled, yesterday, Thursday, Dec. 3, 2020, in favor of the church. The decision vacates the September 2 order by the U.S. Ninth Circuit Court of Appeals and directs that court to the Supreme Court’s recent 5-4 decision in favor of the Roman Catholic Diocese of Brooklyn in their lawsuit against New York Governor Andrew Cuomo.

The U.S. Supreme Court granted cert and vacated the lower court orders involving the emergency petition of Harvest Rock Church and Harvest International Ministry. The Court stated in its order:

“The application for injunctive relief, presented to Justice Kagan and by her referred to the Court, is treated as a petition for a writ of certiorari before judgment, and the petition is granted. The September 2 order of the United States District Court for the Central District of California is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to remand to the District Court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020).”

Tuesday, Liberty Counsel filed the final reply brief to the U.S. Supreme Court regarding its request for an injunction pending appeal in the churches’ federal lawsuit against California Governor Gavin Newsom’s unconstitutional worship ban and discriminatory treatment. The emergency petition also requested the extraordinary relief that the Court alternatively consider it as a petition for writ of cert before judgment. Today, the Supreme Court granted the petition, vacated the lower court orders, and remanded the case for further consideration in light of its ruling last week that granted an injunction pending appeal for churches and synagogues in New York.

According to the complaint by the church and ministry, referred to as the plaintiffs, “On July 17, 2020, Plaintiffs filed their complaint against Defendant California Governor Gavin Newsom. (“Complaint,” Dkt. No. 1.) The Complaint alleges six causes of action: (1) Violation of Free Exercise Clause of First Amendment to U.S. Constitution; (2) Violation of First Amendment Freedom of Assembly Clause; (3) Violation of Free Speech Clause of First Amendment to U.S. Constitution; (4) Violation of Establishment Clause of First Amendment to U.S. Constitution; (5) Violation of Equal Protection Clause of Fourteenth Amendment to U.S. Constitution; and (6) Violation of the Guarantee Clause of the U.S. Constitution.”

Then, “On July 18, 2020, Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction.”

According to Liberty Counsel, the firm representing the church and ministry, they then appealed the case to the Ninth Circuit Court of Appeals regarding Governor Gavin Newsom’s unconstitutional orders. The governor’s orders prohibit all indoor worship, including home Bible studies and fellowship with anyone who does not live in the home. Yet, Gov. Newsom continues to encourage mass gatherings of protestors throughout the state.

Following the argument on August 12, Judge Jesus G. Bernal orally denied the request for a preliminary injunction. However, he waited until September 2 to release the written order. The appeal was filed, but it could not be effective until a written order was issued.

Once the order had been issued, the appeal was able to proceed. Liberty Counsel also filed for an injunction pending appeal. That is what the Supreme Court granted.

Background

On August 13, the Pasadena Assistant Prosecutor in the Criminal Division sent Harvest Rock Church and Pastor Che’ Ahn a letter demanding that all, indoor, in-person worship services cease. The letter threatens daily criminal charges and fines to Pastor Ahn, the church, staff, and parishioners. The letter states that each criminal charge is punishable by up to one year in prison.”

The lawsuit challenges both the total ban on indoor, in-person worship (including in private homes) in the counties on the “County Monitoring List,” and the ban on singing and chanting in the remaining counties. In addition to in-person worship at Harvest Rock Church, the church also has many “Life Groups,” which are home Bible studies and fellowship groups. These too are prohibited under Gov. Newsom’s July 6 (no singing and chanting) and July 13 (no worship) orders. Yet while he discriminates against churches, home Bible studies and fellowship meetings, the governor continues to encourage thousands of protestors to gather throughout the state. Like Gov. Newsom, Pasadena has allowed hundreds and thousands of protestors. Neither the Pasadena Public Health Department nor the Pasadena Prosecutor have attempted to stop the protests in which people are crowded together, many of them not wearing masks.

In Governor Newsom’s response to the motion for the temporary restraining order and preliminary injunction, he argues that churches are not “essential.” Regarding feeding, counseling and housing people in the same building where worship services occur, Newsom argues that only the worship services should be prohibited while the other non-religious services should be allowed.

Concerning home Bible studies, Newsom argues that he has authority to prohibit home fellowship groups. As to protests, Newsom publicly encourages them, saying “God bless you. Keep doing it.”

The restrictions against places of worship in California are more severe than those in New York. Governor Gavin Newsom’s orders ban all indoor, in-person worship for 99.1 percent of Californians.

Harvest Rock Church has multiple campuses in California, including in Pasadena, Los Angeles, Irvine and Corona. Harvest International Ministries (HIM) has 162 member churches throughout the state. Irreparable harm is being suffered every day as the churches remain subject to the unconstitutional restrictions, coupled with daily criminal threats, fines, and closure.

The Code Enforcement Division for the City of Pasadena and the Criminal Prosecutor have threatened criminal charges, fines, and closure for being open for worship against the governor’s orders and local health orders. The letters threaten up to one year in prison, daily criminal charges and $1,000 fines against the pastors, staff, and parishioners.

The discrimination has become more obvious and severe in Gov. Newsom’s new “Blueprint” issued on August 28, 2020, which established a system of four Tiers. The “Blueprint” discriminates against religious meetings in churches and places of worship in every Tier. The chart attached to the petition makes this discrimination very clear. For example, the consequence of the sea of purple in the “color-coded executive edict” is that indoor worship services are completely prohibited for 99.1 percent of Californians, including most of Harvest Rock and HIM churches. However, warehouses, big box centers, shopping malls, liquors stores, family entertainment and destination centers, gyms, fitness centers, and museums receive preferential treatment with either no capacity limits or no numerical limits.

Liberty Counsel Founder and Chairman Mat Staver said, “Today’s ruling by the Supreme Court provides great relief for churches and places of worship. The handwriting is now on the wall. The final days of Governor Gavin Newsom’s ‘color-coded executive edicts’ banning worship are numbered and coming to an end. It is past time to end these unconstitutional restrictions on places of worship.”

This order frees up churches in all of California to have indoor services, again.

Newsom: more restrictions for Bay Area counties in December based on hospital ICU bed availability

Thursday, December 3rd, 2020

Screenshot of Gov. Newsom’s press conference announcing the Regional Stay-At-Home order on Thursday, Dec. 3, 2020.

Hair salons, barber shops, personal services, bars, wineries will be closed temporarily

All non-essential travel temporarily restricted statewide

By Allen Payton

Governor Gavin Newsom announced, during a press conference, Thursday a more restrictive Stay-At-Home order on a regional basis in the state based on hospital intensive care unit (ICU) bed space when it falls below 15 percent. In the nine Bay Area counties, including Contra Costa, the new restrictions are expected in mid-to-late December. The restrictions in the other four regions, Northern California, Greater Sacramento, the San Joaquin Valley and Southern California, are expected to go into effect sooner.

Regions where the ICU capacity falls below 15% will be placed into this Stay-At-Home order for three weeks.

Newsom said “California is pulling an emergency break” and his order directs Californians to “stop gathering with those outside your household” and “Keep it outside and keep your mask on.”

Sectors that will be temporarily closed when a region is placed into the Stay-At-Home include bars, wineries, personal services, hair salons and barber shops. Sectors that will remain open include schools that have received a waiver, critical infrastructure, retail (20% capacity to reduce exposure), and restaurants for take-out and delivery.

All non-essential travel is temporarily restricted statewide, as well, Newsom said.

“The bottom line is if we don’t act now our hospital system will be overwhelmed,” Newsom said. “If we don’t act now, we will continue to see a death rate climb.”

However, the governor encouraged residents to get outdoors and exercise to offset “the mental distress we’re under.”

“This is not a permanent state,” Newsom said to reassure residents. “We had predicted the final surge in the pandemic. There’s light at the end of the tunnel. We are a few months away from truly seeing real progress with the vaccine. We do not anticipate having to do this, once again. But we really all need to step up…and we need to do everything we can to stem the tide, to bend the curve, to give us the time…to get those vaccines in the hands of all Californians across the state.”

 

Gov. Newsom issues statewide curfew beginning Saturday, Nov. 21 to slow spread of COVID-19

Thursday, November 19th, 2020

For counties in Purple Tier like Contra Costa, non-essential businesses and personal gatherings are prohibited between 10 PM and 5 AM

Unless you’re eating dinner with the governor at a fancy restaurant. Just kidding! – The Herald

SACRAMENTO – In light of an unprecedented, rapid rise in COVID-19 cases across California, Governor Gavin Newsom and the California Department of Public Health (CDPH) today announced a limited Stay at Home Order requiring generally that non-essential work, movement and gatherings stop between 10 PM and 5 AM in counties in the purple tier. The order will take effect at 10 PM Saturday, November 21 and remain in effect until 5 AM December 21. This is the same as the March Stay at Home Order, but applied only between 10 PM and 5 AM and only in purple tier counties that are seeing the highest rates of positive cases and hospitalizations.

“The virus is spreading at a pace we haven’t seen since the start of this pandemic and the next several days and weeks will be critical to stop the surge. We are sounding the alarm,” said Governor Newsom. “It is crucial that we act to decrease transmission and slow hospitalizations before the death count surges. We’ve done it before and we must do it again.”

This limited Stay at Home Order is designed to reduce opportunities for disease transmission. Activities conducted during 10 PM to 5 AM are often non-essential and more likely related to social activities and gatherings that have a higher likelihood of leading to reduced inhibition and reduced likelihood for adherence to safety measures like wearing a face covering and maintaining physical distance.

“We know from our stay at home order this spring, which flattened the curve in California, that reducing the movement and mixing of individuals dramatically decreases COVID-19 spread, hospitalizations, and deaths,” said California Health and Human Services Secretary Dr. Mark Ghaly. “We may need to take more stringent actions if we are unable to flatten the curve quickly. Taking these hard, temporary actions now could help prevent future shutdowns.”

“We are asking Californians to change their personal behaviors to stop the surge. We must be strong together and make tough decisions to stay socially connected but physically distanced during this critical time. Letting our guard down could put thousands of lives in danger and cripple our health care system,” said Dr. Erica Pan, the state’s acting Public Health Officer. “It is especially important that we band together to protect those most vulnerable around us as well as essential workers who are continuing their critical work amidst this next wave of widespread community transmission across the state. Together we prevented a public health crisis in the spring and together we can do it again.”

COVID-19 case rates increased by approximately 50 percent in California during the first week of November. As a result, Governor Newsom and California’s public health officials have announced a list of measures to protect Californians and the state’s health care system, which could experience an unprecedented surge if cases continue their steep climb.

On Monday, the state pulled an emergency brake in the Blueprint for a Safer Economy putting more than 94 percent of California’s population in the most restrictive tier. The state will reassess data continuously and move more counties back into a more restrictive tier, if necessary. California is also strengthening its face covering guidance to require individuals to wear a mask whenever outside their home, with limited exceptions.

Late last week, the state issued a travel advisory, along with Oregon and Washington, urging people entering the state or returning home from travel outside the state to self-quarantine to slow the spread of the virus. The travel advisory urges against non-essential out-of-state travel, asks people to self-quarantine for 14 days after arriving from another state or country, and encourages residents to stay local.

 

Governor Newsom signs bills ending police chokeholds, implementing other reforms

Thursday, October 1st, 2020

Main graphic by Carotid Restraint Training Institute.

Requiring independent investigations of officer-involved shootings; reforming juvenile justice and probation systems to aid in rehabilitation and reentry

SACRAMENTO – In the wake of nationwide demonstrations against structural racism and systemic injustice, Governor Gavin Newsom on Wednesday signed a series of bills into law initiating critical criminal justice, juvenile justice and policing reforms in California. Delivering on his promise this summer to sign a bill ending the use of the carotid restraint, Governor Newsom signed AB 1196 by Assemblymember Mike Gipson (D-Carson) which bans the practice statewide. The maneuver known as a chokehold, was banned by District Attorney Diana Becton for her Investigative Unit in June. (See related article).

Newsom also signed AB 1506 by Assemblymember Kevin McCarty (D-Sacramento) requiring the California Attorney General to conduct investigations into officer-involved shootings of unarmed individuals that result in death. He also took action on legislation that reforms the juvenile justice system to put more emphasis on rehabilitation and education, as well as creating a more just probation system.

“Americans across the country took to the streets this summer rightfully demanding more and better of our criminal justice system – and of ourselves,” said Governor Newsom. “We heard those calls for action loud and clear and today are advancing reforms to improve policing practices by ending the carotid hold and requiring independent investigations in officer-involved shootings. We are also taking important steps to break the school-to-prison pipeline. Still, we can and must do more. Working with our youth, faith and community leaders, law enforcement, the Legislature and countless others demanding change, my Administration remains committed to the important work ahead to make our criminal and juvenile justice systems fairer and safer for all Californians.”

Today’s action builds on Governor Newsom’s record enacting major change on criminal justice reform during his first years in office – from enacting one of the nation’s strongest police use-of-force standards, to putting a moratorium on the death penalty and shutting down California’s execution chamber, to closing prisons. The Administration will continue to work with the Legislature on additional reforms, including efforts to increase transparency in peace officer records and broader decertification measures to create accountability for officers with a history of misconduct.

Governor Newsom also took action today on important juvenile justice reforms. Building on the Governor’s commitment to end juvenile imprisonment as we know it, he signed several bills to support young people coming out of the criminal justice system and to disrupt the school-to-prison pipeline. SB 823 by the Committee on Budget and Fiscal Review takes the first, formal step of closing the Division of Juvenile Justice, which will help to provide youth rehabilitative services closer to home.

Other bills the Governor signed today that support youth include AB 901 by Assemblymember Mike Gipson (D-Carson), which will end the practice of referring youth who are having problems at school to probation programs. Additionally, SB 203 by Senator Steven Bradford (D-Gardena) requires that children under age 17 have an opportunity to consult with legal counsel before interrogation, and SB 1290 by Senator Maria Elena Durazo (D-Los Angeles) will cancel certain fees assessed on juvenile offenders and their families.

Finally, Governor Newsom signed AB 1950 by Assemblymember Sydney Kamlager (D-Los Angeles), which caps probation terms to a maximum of one year for misdemeanor offenses and two years for felonies.

Governor Newsom also signed:

  • AB 646 by Assemblymember Kevin McCarty (D-Sacramento) – Elections: voter eligibility.
  • AB 732 by Assemblymember Rob Bonta (D-Alameda) – County jails: prisons: incarcerated pregnant persons.
  • AB 846 by Assemblymember Autumn Burke (D-Inglewood) and Assemblymember Jacqui Irwin (D-Thousand Oaks) – Public employment: public officers or employees declared by law to be peace officers.
  • AB 1304 by Assemblymember Marie Waldron (R-Escondido) – California MAT Re-Entry Incentive Program. A signing message can be found here.
  • AB 1775 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – False reports and harassment.
  • AB 2321 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Juvenile court records: access.
  • AB 2425 by Assemblymember Mark Stone (D-Scotts Valley) – Juvenile police records.
  • AB 2512 by Assemblymember Mark Stone (D-Scotts Valley) – Death penalty: person with an intellectual disability.
  • AB 2606 by Assemblymember Sabrina Cervantes (D-Riverside) – Criminal justice: supervised release file.
  • AB 3043 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Corrections: confidential calls.
  • AB 3234 by Assemblymember Philip Ting (D-San Francisco) – Public Safety. A signing message can be found here.
  • SB 480 by Senator Bob Archuleta (D-Pico Rivera) – Law enforcement uniforms.
  • SB 1126 by Senator Brian W. Jones (R-Santee) – Juvenile court records.
  • SB 1196 by Senator Thomas Umberg (D-Santa Ana) – Price gouging.

 

Glazer votes for, Newsom signs bill requiring California to house inmates based on gender identity

Tuesday, September 29th, 2020

Frazier doesn’t vote, again; SB 132 requires Dep’t. of Corrections to house transgender, gender-nonconforming and intersex people based on their choice.

State Senator Steve Glazer. (D-7-Orinda)

By Allen Payton

Governor Gavin Newsom on Sunday, Sept. 26 signed a package of pro-LGBTQ+ bills, including SB132 requiring the California Department of Corrections and Rehabilitation (CDCR) to house transgender, gender-nonconforming and intersex (TGI) individuals in a manner that matches their gender identity while supporting health and safety.

SB 132 also requires CDCR to house people according to their own sense of where they will be safest and to record the individual’s self-reported gender identity, gender pronouns and honorifics throughout an inmate’s term.

State Senators Steve Glazer (D-7, Orinda) and Nancy Skinner (D-9, Oakland) were joined by Assemblymember Rebecca Bauer-Kahan (D-16, San Ramon), who all represent portions of Contra Costa County, in voting for the bill. Assemblymembers Jim Frazier (D-11, Discovery Bay), Tim Grayson (D-14, Concord), and Buffy Wicks (D-15, Oakland) who also represent portions of the county, did not vote.

The bill was introduced by State Senator Scott Weiner (D-11, San Francisco) who also authored the controversial SB145 regarding non-regular sexual intercourse between youth ages 14-17 and those as much as 10 years older. Glazer, Skinner, Bauer-Kahan and Wicks voted for that bill, as well. While Frazier and Grayson didn’t vote on that bill, either. (See related article)

Newsom also signed other LGBTQ+ related legislation including a measure to track the effects of COVID-19 on the community, and a bill establishing the Transgender and Wellness Equity Fund.

Included in the package of bills signed into law on Sunday is SB 932 also by Wiener, which aligns with emergency regulations announced by the California Department of Public Health in July requiring better and more timely collection and reporting of communicable disease data from providers and laboratories on a patient’s gender identity and sexual orientation. This legislation will provide public health officials with more information on patients who identify as lesbian, gay, bisexual or transgender, which is essential to addressing health inequities and designing public health interventions that help California’s diverse communities. Glazer, Skinner Bauer-Kahan and Grayson vote for the bill. Frazier and Wicks didn’t cast votes.

AB 2218 by Assemblymember Miguel Santiago (D-53, Los Angeles) establishes the Transgender Wellness and Equity Fund. The Fund will assist organizations serving people that identify as transgender, gender nonconforming, or intersex (TGI), and help create or fund TGI-specific housing programs and partnerships with hospitals, health care clinics and other medical providers to provide TGI-focused health care. Glazer, Skinner, Bauer-Kahan and Grayson voted for the bill, while Frazier and Wicks didn’t cast votes.

The Governor also signed SB 1255 by Senator Lena Gonzalez (D-33, Long Beach) and the Senate Committee on Insurance requiring insurance companies not decline policies for individuals because of their HIV status. Glazer, Skinner, Bauer-Kahan and Grayson voted for the bill. Frazier and Wicks, again didn’t vote

Gov. Newsom signs exec order phasing out gas-powered cars, passenger trucks sold in state by 2035

Wednesday, September 23rd, 2020

To “drastically reduce demand for fossil fuel in California’s fight against climate change”

Transportation currently accounts for more than 50 percent of California’s greenhouse gas emissions   

Zero-emission vehicles are a key part of California’s clean, innovation economy – already California’s second largest global export market  

Order also directs state to take more actions to tackle the dirtiest oil extraction and support workers and job retention and creation as we make a just transition away from fossil fuels  

SACRAMENTO – Governor Gavin Newsom today announced that he will aggressively move the state further away from its reliance on climate change-causing fossil fuels while retaining and creating jobs and spurring economic growth – he issued an executive order requiring sales of all new passenger vehicles to be zero-emission by 2035 and additional measures to eliminate harmful emissions from the transportation sector. (The text of today’s executive order can be found here and a copy can be found here.)

The transportation sector is responsible for more than half of all of California’s carbon pollution, 80 percent of smog-forming pollution and 95 percent of toxic diesel emissions – all while communities in the Los Angeles Basin and Central Valley see some of the dirtiest and most toxic air in the country.

“This is the most impactful step our state can take to fight climate change,” said Governor Newsom. “For too many decades, we have allowed cars to pollute the air that our children and families breathe. Californians shouldn’t have to worry if our cars are giving our kids asthma. Our cars shouldn’t make wildfires worse – and create more days filled with smoky air. Cars shouldn’t melt glaciers or raise sea levels threatening our cherished beaches and coastlines.”

Following the order, the California Air Resources Board will develop regulations to mandate that 100 percent of in-state sales of new passenger cars and trucks are zero-emission by 2035 – a target which would achieve more than a 35 percent reduction in greenhouse gas emissions and an 80 percent improvement in oxides of nitrogen emissions from cars statewide. In addition, the Air Resources Board will develop regulations to mandate that all operations of medium- and heavy-duty vehicles shall be 100 percent zero emission by 2045 where feasible, with the mandate going into effect by 2035 for drayage trucks. To ensure needed infrastructure to support zero-emission vehicles, the order requires state agencies, in partnership with the private sector, to accelerate deployment of affordable fueling and charging options. It also requires support of new and used zero-emission vehicle markets to provide broad accessibility to zero-emission vehicles for all Californians. The executive order will not prevent Californians from owning gasoline-powered cars or selling them on the used car market.

California will be leading the nation in this effort – joining 15 countries that have already committed to phase out gasoline-powered cars and using our market power to push zero-emission vehicle innovation and drive down costs for everyone.

By the time the new rule goes into effect, zero-emission vehicles will almost certainly be cheaper and better than the traditional fossil fuel powered cars. The upfront cost of electric vehicles are projected to reach parity with conventional vehicles in just a matter of years, and the cost of owning the car – both in maintenance and how much it costs to power the car mile for mile – is far less than a fossil fuel burning vehicle.

The executive order sets clear deliverables for new health and safety regulations that protect workers and communities from the impacts of oil extraction. It supports companies who transition their upstream and downstream oil production operations to cleaner alternatives. It also directs the state to make sure taxpayers are not stuck with the bill to safely close and remediate former oil fields. To protect the health and safety of our communities and workers, the Governor is also asking the Legislature to end the issuance of new hydraulic fracturing permits by 2024.

The executive order directs state agencies to develop strategies for an integrated, statewide rail and transit network, and incorporate safe and accessible infrastructure into projects to support bicycle and pedestrian options, particularly in low-income and disadvantaged communities.

This action continues the Governor’s commitment to strengthening California’s resilience while lowering carbon emissions – essential to meeting California’s air quality and climate goals. In the last six months alone, the California Air Resources Board has approved new regulations requiring truck manufacturers to transition to electric zero-emission trucks beginning in 2024 and the Governor signed an MOU with 14 other states to advance and accelerate the market for electric medium- and heavy-duty vehicles. Last fall, California led a multi-state coalition in filing a lawsuit challenging the U.S. Environmental Protection Agency’s attempt to revoke portions of a 2013 waiver that allows the state to implement its Advanced Clean Car Standards.

Last September, Governor Newsom took action to leverage the state’s transportation systems and purchasing power to strengthen climate mitigation and resiliency and to measure and manage climate risks across the state’s $700 billion pension investments. To mitigate climate threats to our communities and increase carbon sequestration, the Governor invested in forest health and fuel reduction and held utilities accountable for building resiliency. The Governor also directed state agencies to develop a comprehensive strategy to build a climate-resilient water system and made a historic investment to develop the workforce for California’s future carbon-neutral economy.

 

Kelly-Moore Paint agrees to $1.43 million settlement with 10 DA’s for illegal dumping of hazardous waste

Tuesday, September 15th, 2020

Violated state environmental protection laws

By Scott Alonso, Public Information Officer, Contra Costa County District Attorney

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced Monday, a $1.43 million settlement against Kelly-Moore Paint Company (Kelly-Moore) to resolve allegations that the company violated California state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“My office will always strive to protect the environment and public health by holding companies accountable for violating our environmental laws. This settlement not only acts as a deterrent against other potential violators but more importantly contains injunctive provisions to ensure Kelly Moore will maintain environmental compliance into the foreseeable future.,” stated Contra Costa County District Attorney Diana Becton.

Kelly-Moore is a retail paint company in North America. In California the company owns or operates approximately 106 retail stores, including nine stores in Contra Costa County as part of this settlement.

The investigation of Kelly-Moore was initiated by the California Department of Toxic Substance Control (DTSC). From March 2016 through December 2018, inspectors from the DTSC, and investigators from other district attorney offices statewide, conducted a series of undercover inspections of waste bins originating at 29 separate Kelly-Moore locations. These inspections found numerous instances of unlawful disposal of hazardous waste paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes. Kelly-Moore also violated laws meant to protect vulnerable confidential consumer information by unlawfully disposing of customer records without having rendered personal information unreadable.

When Kelly-Moore officials were notified by the prosecutors of the unlawful disposals, they immediately agreed to cooperate with the People and promptly implemented measures and dedicated additional resources towards environmental compliance at its stores. Stores are required to properly manage hazardous waste and to retain their waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions. Hazardous waste produced by Kelly-Moore stores through damage, spills, and returns is being collected by state-registered haulers, taken to proper disposal facilities, and properly documented and accounted for.

The settlement requires a monetary payment of $1.43 million. This consists of $825,000 for civil penalties, $178,750 for supplemental environmental projects, and $425,000 for reimbursement of investigative and enforcement costs. Kelly-Moore gets a credit of $125,000 against the penalties if it undertakes at least $250,000 in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring Kelly-Moore to employ a California-based compliance employee to oversee Kelly-Moore’s hazardous waste compliance program and to undergo a trash receptacle audit to ensure hazardous wastes and confidential consumer information is properly disposed of at all stores. The results of the audit must be shared with the public. The company must also comply with 28 injunctive requirements pertaining to environmental and confidential consumer information protection laws.

Joining District Attorney Becton in this lawsuit are the District Attorneys of Alameda, Monterey, Placer, San Francisco, San Joaquin, San Mateo, Santa Clara, Sonoma and Yolo Counties.