Existing law sets forth various programs relating to opioid overdose prevention and treatment, including, among others, standing orders for the distribution of an opioid antagonist, a naloxone grant program, and a grant program to reduce fentanyl overdoses and use throughout the state. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl.

This bill would enact the Fighting Fentanyl Bond Act of 2024, which, if adopted, would authorize the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $____, for purposes of financing, among other things, substance use treatment, harm reduction programs, supportive services for students, programs targeting drug trafficking, substance use treatment programs in prisons and juvenile facilities, and recovery housing and transitional housing for previously incarcerated individuals, as specified.

The bill would provide for submission of the bond act to the voters at the November 5, 2024, statewide general election in accordance with specified law.

Existing law sets forth various programs relating to opioid overdose prevention and treatment, including, among others, standing orders for the distribution of an opioid antagonist, a naloxone grant program, and a grant program to reduce fentanyl overdoses and use throughout the state. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl.

This bill would enact the Fighting Fentanyl Bond Act of 2024, which, if adopted, would authorize the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $____, for purposes of financing, among other things, substance use treatment, harm reduction programs, supportive services for students, programs targeting drug trafficking, substance use treatment programs in prisons and juvenile facilities, and recovery housing and transitional housing for previously incarcerated individuals, as specified.

The bill would provide for submission of the bond act to the voters at the November 5, 2024, statewide general election in accordance with specified law.

Existing law authorizes the governing board of a school district to require a pupil who is expelled from school for reasons relating to controlled substances or alcohol to enroll in a county-supported drug rehabilitation program before returning to school. Existing law prohibits the governing board of a school district from requiring a pupil to enroll in a rehabilitation program without the consent of the pupils parent or guardian.

This bill would make nonsubstantive changes to this provision.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 1510 (Jones-Sawyer) - Fighting Fentanyl Bond Act of 2024

Bill Summary:

AB 1510, an urgency measure, would establish the Fighting Fentanyl Bond Act of 2024, of an unspecified amount, to finance various programs, as specified. The bill would require the bond act to be submitted to the voters at the November 5, 2024, statewide general election.

Fiscal Impact:

• Bond costs: Total principal and interest costs would depend upon the total amount of bonds authorized by this measure, which is currently unspecified. At a minimum, the bill includes specific provisions that total $5 billion to be available upon appropriation, while other required sum amounts are left unspecified. For illustrative purposes, if the measure authorized the sale of $5 billion in general obligation bonds, the total principal and interest costs to pay off the bonds would be approximately $8.310 billion ($5 billion in principal and $3.310 billion in interest), with average annual debt service payments of $277 million (General Fund), when all bonds are sold, and assuming a 30-year maturity and an interest rate of 3.65% (the rate secured by the State Treasurer for new 30-year bonds at the most recent sale). If interest rates increase to 5% in the near future, annual debt service would be approximately $325 million (General Fund) and total principal and interest costs over the repayment period would be approximately $9.758 billion. Staff notes that to the extent the bill were to ultimately specify amounts that total above the $5 billion, costs would be much higher.
• Administrative costs: Unknown General Fund cost pressures to departments to administer the programs, to the extent bond proceeds would not be available for administration. Staff notes that the bill does not explicitly authorize departments to use bond proceeds for administrative costs, which could result in those costs being borne by the General Fund.
• State Auditor costs: Unknown General Fund cost pressures to the State Auditor to the extent additional staffing resources would be needed to complete the required audits.
• Ballot costs: One-time General Fund costs to the Secretary of State (SOS) in the range of $738,000 to $984,000, likely in 2024-25, for printing and mailing costs to place the measure on the ballot in a statewide election. Actual costs may be higher or lower, depending on the length of required elements and the overall size of the ballot.

Background:

Fentanyl is a potent synthetic opioid drug approved by the U.S. Food and Drug Administration (FDA) for use as an analgesic and anesthetic. It is approximately 50 times stronger than heroin and 100 times stronger than morphine. First developed in 1959, it was introduced in the 1960’s as an intravenous anesthetic. Fentanyl is legally manufactured and distributed in the U.S.; however, there are two types of fentanyl: pharmaceutical fentanyl and illicitly manufactured fentanyl. Both are considered synthetic opioids. Pharmaceutical fentanyl is prescribed by doctors to treat severe pain, especially after surgery and for advanced-stage cancer. Most recently, cases of fentanyl-related overdoses are linked to illicitly manufactured fentanyl that is distributed through illegal drug markets for its heroin-like effect. It is often added to other drugs because of its extreme potency, which makes drugs cheaper and more powerful, addictive, and dangerous.

Proposed Law:

Specific provisions of the bill would:

• Enact the Fighting Fentanyl Bond Act of 2024, to place a General Obligation bond of an unspecified amount before voters at the November 5, 2024, statewide general election.
• Create the Fighting Fentanyl Fund of 2024 within the State Treasury and require the proceeds of bonds, exclusive of refunding bonds issued, to be deposited in the fund.
• Create the Fighting Fentanyl Finance Committee, as specified, solely for the purpose of authorizing the issuance and sale of the bonds pursuant to the State General Obligation Bond Law.
• Require, of the proceeds of bonds, an unspecified amount to be available, upon appropriation by the Legislature, to be allocated as follows:
  • $2,000,000,000 to the State Department of Health Care Services to fund and expand programs that improve access to and availability of substance use treatment, including medication assisted treatment, inpatient and outpatient treatment, voluntary treatment, psychosocial treatment, and implementation of “hub and spoke model” health care networks to support primary care physicians.
  • $400,000,000 to the State Department of Public Health to fund and expand harm reduction programs, including those that increase community awareness of the risks associated with recreational drug use, demonstrate how to utilize safe-use services such as fentanyl test kits and syringe services programs, and demonstrate how to identify and respond to overdoses, including how to administer a federally approved opioid overdose reversal medication and cardiopulmonary resuscitation.
  • An unspecified amount to the State Department of Public Health to fund and expand preventative programs and services that improve access to and availability of fentanyl test kits and safe use supplies.
• Require, of the proceeds of bonds, $100,000,000 to be available, upon appropriation by the Legislature, to the State Department of Public Health to fund and expand programs that monitor and research emerging drugs and drug-related public health crises, including xylazine, more commonly known as “tranq,” in order to anticipate effective public health solutions and strategies as soon as possible.
• Require, of the proceeds of bonds, $2,000,000,000 to be available, upon appropriation by the Legislature, to be allocated as follows:
  • An unspecified amount to the State Department of Education to fund and expand programs that use research based approaches to reduce the stigma surrounding substance use, including opioid use, disorders, and educate pupils in grades 9 to 12, inclusive, on the risks associated with recreational drug use, strategies used to identify high-risk situations associated with recreational drug use, and safe recreational drug use practices.
  • An unspecified amount to the State Department of Education to fund and expand programs that supply local educational agencies with a federally approved opioid overdose reversal medication and fentanyl testing kits and train staff on how to utilize those tools.
  • An unspecified amount to the State Department of Education to fund and expand access within schools to supportive services for pupils that address the underlying causes of substance use disorder, including psycho-social supports such as licensed counselors, therapists, and psychologists.
• Require, of the proceeds of bonds, $500,000,000 to be available, upon appropriation by the Legislature, to be allocated as follows:
  • An unspecified amount to be available to the Department of Justice to fund and expand programs that identify and target high-level drug traffickers and dealers.
  • An unspecified amount to be available to the Department of Corrections and Rehabilitation to fund and expand integrated substance use treatment programs in prisons and juvenile facilities, including medication assisted treatment, access to addiction medicine physicians, and access to associated behavioral health services.
  • An unspecified amount to be available to the Department of Corrections and Rehabilitation to fund and expand access to and availability of recovery housing and transitional housing for previously incarcerated individuals undergoing substance use treatment.
• Require the State Auditor, on or before January 1, 2030, to conduct an audit of each program funded, to assess the success and effectiveness of each program, and to submit a report to the Legislature containing the findings of that audit.
• Contain an urgency clause.

Staff Comments:

The SOS indicates that printing and mailing costs associated with placing a measure on the statewide ballot are approximately $123,000 per page, depending on the length of the ballot. The fiscal estimates noted above reflect the addition of 6-8 pages in the Voter Information Guide. Actual costs would depend upon the length of the title and summary, analysis by the Legislative Analyst’s Office (LAO), proponent and opponent arguments, and text of the proposal.

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SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Anna M. Caballero, Chair

2023 - 2024 Regular

Fighting Fentanyl Bond Act of 2024

Enacts the Fighting Fentanyl Bond Act of 2024, which places a GO bond of an unspecified amount before voters in the November 2024, general election to finance specified programs.

Background

When public agencies issue bonds, they essentially borrow money from investors, who provide cash in exchange for the agencies’ commitment to repay the principal amount of the bond plus interest in the future. Bonds are usually either revenue bonds, which repay investors out of revenue generated from the project the agency buys with bond proceeds or from a specific dedicated revenue source, or general obligation (GO) bonds, which the public agency pays out of general revenues and are guaranteed by its full faith and credit.

State general obligation bonds. Section One of Article XVI of the California Constitution and the state’s General Obligation Bond Law guide the issuance of the state’s GO debt. The Constitution allows the Legislature to place GO bonds on the ballot for specific purposes with a two-thirds vote of the Assembly and Senate. Voters also can place bonds on the ballot by initiative, as they have for parks, water projects, high-speed rail, and stem cell research, among others. Either way, GO bonds must be ratified by majority vote of the state’s electorate. Unlike local GO bonds, approval by the state’s electorate does not automatically trigger an increased tax to repay the bond. The Constitution commits the state to repay investors from general revenues above all other claims, except payments to public education.

California voters approved $38.4 billion of GO bonds between 1974 and 1999, which increased significantly to $112 billion between 2000 and 2010, then decreased to slightly less than $28 billion between 2010 and 2018. In 2020, voters approved Proposition 14, which authorized $5.5 billion state bonds for stem cell and other medical research.

Bond acts have standard provisions that authorize the State Treasurer to sell a specified amount of bonds, and generally include several uniform provisions that:

• Establish the state’s obligation to repay them, and pledge its full faith and credit to repayment;
• Set forth issuance procedures, and link the bond act to the state’s General Obligation Bond Law;
• Designate a finance committee with specified membership, chaired by the State Treasurer;
• Charge the committee with determining whether it is “necessary or desirable” to issue the bonds; and
• Add other mechanisms necessary for the State Treasurer and the Department of Finance (DOF) to implement the bond act, including allowing the board to request a loan from the Pooled Money Investment Board to advance funds for bond-funded programs prior to the bond sale, among others.

In bond acts, the Legislature generally:

• Sets forth categories of projects eligible for bond funds, such as library construction or school facility modernization;
• Chooses an administrative agency to award the funds, such as the State Librarian or the State Allocation Board;
• Details the criteria to guide the administrative agency’s funding in each category,
• Enacts enforcement and audit provisions; and
• Provides for an election to approve the bond act.

Should the voters approve the bond act, the Legislature generally appropriates funds to the chosen agencies to fund projects consistent with the criteria, generally as part of the Budget Act. However, some bond acts do not require direct legislative appropriation, such as school facility bonds. DOF surveys agencies to determine the need for bond funds based on a project’s readiness, and then asks the State Treasurer to sell bonds necessary to fund those projects. After the bond sale, DOF determines which bond acts and agencies receive bond proceeds.

Fentanyl overdoses. On May 24, 2023, the Assembly Select Committee on Fentanyl, Opioid Addiction, and Overdose Prevention held a hearing entitled “Overview on the Fentanyl and Opioid Crisis.” The hearing took testimony from public health and education experts from state and local governments, as well as local district attorneys and law enforcement officials.

According to the background paper from the hearing, “Nearly 12,000 Californians died from drug overdoses last year. The crisis, which began two decades ago, was originally linked to prescription opioids and later to heroin. Over the past few years, illicit fentanyl, a synthetic opioid, has eclipsed other drugs in overdose deaths. Fentanyl is 50 times more powerful than heroin and 100 times stronger than morphine. Fentanyl is produced both for pharmaceutical use as a pain reliever and for illicit use. Much of the illicit fentanyl on the streets is manufactured outside of the country and brought to the U.S. through the nation’s southern border.”

Seeking additional funding for programs and infrastructure to address the fentanyl and opioid crisis, the author wants to place a GO bond before voters.

Proposed Law

Assembly Bill 1510 enacts the Fighting Fentanyl Bond Act of 2024, which places a GO bond of an unspecified amount before voters in the November 2024, general election to finance specified programs. If approved, the measure directs proceeds of bonds issued and sold to be deposited in the Fighting Fentanyl Fund of 2024, which the bill creates in the State Treasury.

AB 1510 directs the Legislature to appropriate the proceeds of the sale of bonds to the following up to unspecified amounts:

• To the Department of Health Care Services to fund and expand programs that improve access to and availability of substance use treatment.
• To the Department of Public Health (CDPH) to fund and expand harm reduction programs.
• To CDPH to fund and expand preventative programs and services that improve access to and availability of fentanyl test kits and safe use supplies.
• To CDPH to fund and expand programs that monitor and research emerging drugs and drug-related public health crises.
• To the Department of Education (CDE) to fund and expand programs that use research based approaches to reduce the stigma surrounding substance use.
• To CDE to fund and expand programs that supply local educational agencies with a federally approved opioid overdose reversal medication and fentanyl testing kits and train staff on how to utilize those tools.
• To CDE to fund and expand access within schools to supportive services for pupils that address the underlying causes of substance use disorder,
• To the Department of Justice to fund and expand programs that identify and target high-level drug traffickers and dealers.
• To the Department of Corrections and Rehabilitation (CDCR) to fund and expand integrated substance use treatment programs in prisons and juvenile facilities.
• To CDCR to fund and expand access to and availability of recovery housing and transitional housing for previously incarcerated individuals undergoing substance use treatment.

The bill also incorporates standard provisions in GO bond law, either explicitly or by reference, with some modifications. The measure creates the Fighting Fentanyl Finance Committee and is comprised of the Director of Finance, the Treasurer, and the Controller. AB 1510 charges the committee with determining whether it is necessary or desirable to issue bonds, and if so, the amount of bonds to be issued and sold.

AB 1510 requires the State Auditor to conduct an audit of each program funded by bond proceeds on or before January 1, 2030. The bill defines many of its terms and also states legislative findings and declarations supporting its purposes

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “It’s time to unite the fight against fentanyl, and become proactive in stopping future drug crises from ravaging our communities in the first place. That is why I am proud to champion the Fighting Fentanyl Bond Act of 2024. This bill will tackle the fentanyl crisis by making historic investments in substance use treatment, harm reduction, education, violence prevention, and drug research. Along with co-author, Assemblymember Juan Alanis, I’ve worked with experts in public health, addiction medicine, law enforcement, and education to create a bipartisan bill that prioritizes evidence-based solutions to combating the fentanyl crisis. By funding programs that address the underlying causes of drug abuse and overdose, this bill will confront the fentanyl crisis without criminalizing low level drug dealers and individuals struggling with substance use disorder. The Fighting Fentanyl Bond Act will prevent overdoses related to fentanyl, protect youth and at-risk individuals, and suppress the flow of this deadly drug.”

2. Capital or services? Governments around the world, including California, finance large capital assets such as infrastructure, buildings, and large pieces of equipment by issuing GO bonds. Issuing debt increases the total cost of the asset through the payment of interest, but it also allows governments to acquire or build capital assets sooner by acquiring cash they could not otherwise fund from existing resources. By spreading out the debt payments over many years, governments can also smooth out their expenses and create a more predictable payment schedule. The California Constitution, the General Obligation Bond Law, and each bond act ensure the state will repay investors before other state claims except public education, which keeps borrowing costs low. AB 1510 differs from most general obligation bonds by allocating bond proceeds to provide services, which are generally paid for out of general purpose revenue. While the fentanyl crisis is dire, and funding AB 1510’s services could make a real difference, using GO bonds instead of general revenue will cost more because of required interest payments and costs of bond issuance. Additionally, by shifting the costs of its services to GO bond debt, where debt service payments are automatically subtracted from funds available to be spent in the annual Budget Act, the measure would elevate its programs over the state’s other priorities that must compete for remaining resources during budget deliberations.

3. Blanks. AB 1510 neither contains an overall GO bond authorization amount, nor does it set specific shares of the overall authorization for each of its categories. Additionally, the measure does not contain much specificity regarding its proposed programs.

4. Sixteen tons. Setting the right amount of state GO debt is difficult; both the State Treasurer and the Legislative Analyst’s Office (LAO) state that there is no correct level. Instead, experts suggest that states should look at three criteria: affordability, comparability, and optimality.^[1]

California currently has $67.9 billion of GO and $8.1 billion of lease revenue debt outstanding, which is affordable. The Governor’s 2021 Five-Year Infrastructure Plan estimates that the Debt Service Ratio, or the ratio between debt service and general fund revenues, as 2.68% in 2021-22, 2.84% in 2022-23, and between 2.67% and 2.7% for the next three fiscal years. Annual expenditures on debt service have grown from $2.9 billion in 2000-01 to $5.8 billion in 2025-26. Additionally, all but 1.4% in outstanding debt is paid at a fixed rate of interest. While debt service is currently a small part of the State’s Budget, every dollar spent on debt service reduces the funding that is available for other priorities.

California’s comparability to other states is less favorable, but has improved significantly in recent years. The State Treasurer’s 2022 Debt Affordability Report (DAR), issued last October, contains the following information:

Determining optimality, or whether government is investing in the quantity and quality of public capital desired by residents, and financing the appropriate share with debt, is more difficult. LAO recommends that the Legislature consider the Governor’s annual Five-Year Infrastructure Plan as a starting point to developing a coordinated approach to infrastructure funding, and establish a committee to focus on statewide infrastructure.

5. The good news. Ratings issued from the three major credit rating agencies often inform investors and the public regarding the state’s creditworthiness, and assess any investment risk from investing in California GO bonds. Rating agencies Fitch, Standard and Poor’s, and Moody’s have praised California’s deep and diverse economy, recent balanced and on-time budgets, reduced budget deficits, and improved reserves and liquidity. However, the agencies also state that California faces challenges: a highly volatile revenue system, constitutionally-imposed governance restrictions, high housing costs that threaten economic growth, and minimal prefunding of retiree health care benefits, among others. Once considered an outlier, the “credit spread” between California bonds and other states as measured by the benchmark 30-year Municipal Market Data Index has tightened significantly in the last ten years; credit spreads represent the difference in yield between two bonds of similar maturity but different credit quality. The DAR notes that California’s credit spread has declined from a high of more than 150 basis points at the end of 2009 to as narrow as four basis points in September 2018, and was 24 points in June 2022.

6. The bad news. California has a distinct problem: of the $156.4 billion in GO bonds that voters have authorized, around $24.4 billion hasn’t been issued yet. Among others, the state hasn’t issued more than $5.2 billion from the Stem Cell Research Bond approved in 2020, $4.7 billion from the 2014 water bond, and $3.5 billion to fund high speed rail. According to the Treasurer, the state has issued an average of $7.9 billion of GO bonds annually. The Treasurer expects similar issuance amounts in future years. While the state has made great progress reducing the amount of authorized, unissued bonds in recent years, many bond-funded projects have not yet received required approvals. Market appetite and debt service payments limit the amount of GO bonds the state can sell. As a result, projects with voter-approved bond authority, as well as any new GO bond-funded projects, may have to wait to receive the necessary cash.

7. Rates. In March 2020, in response to the COVID-19 pandemic, the Federal Open Markets Committee cut the federal funds rate twice, setting the range between zero and 0.25%. One year later, in response to rising inflation, the Committee began a series of rate increases, with a current range of 4.75% to 5%. Changes in the federal funds rates has broad effects on the economy, including for states when issuing GO bonds; higher interest rates mean that borrowers pay more when borrowing the same amount of debt, all else equal. The conflict in Ukraine, the lingering impacts from the COVID-19 pandemic, and other trends have caused market fluctuations in interest rates for governments issuing tax-exempt debt. According to the DAR, until October 2021, tax-exempt rates lagged and remained low through the end of December; however, starting in January 2022, tax-exempt interest rates began to rise sharply, snapped back briefly in May and early June, but those gains reversed very quickly. Data from the state’s last four bond sales demonstrates these fluctuations:

• Bond sales between March 2020 and 2021 generally had all-in interest costs just above 2%, and yields between 0.06% and 2.58% depending on duration.
• The March 2022 sale of $2.3 billion in bonds had an all-in true interest cost of 3.09%, and yields ranging from .94% to 3.29%.
• The September 2022 sale of $2.3 billion in bonds had an all-in true interest cost of 3.93%, and yields ranging from 2.34% to 4.3%.
• The April 2023 sale of $2.6 billion in bonds had an all-in true interest cost of 3.63%, and yields ranging between 2.21% to 3.98%.

Given recent fluctuations in interest rates, it’s unclear what the true cost to the state’s General Fund will be when currently authorized, or any newly approved, bonds are sold. Additionally, financing services with bonds will likely result in interest that is taxable for federal tax purposes, which increase interest rates, and therefore debt service costs.

8. Future attractions. Earlier this year, the Senate approved four bills to place authorizations for GO bonds before voters:

• SB 28 (Glazer) proposes $15.5 for preschool, K-12, Community College, CSU, and UC facilities. The Assembly Higher Education Committee approved the bill, which is now pending in the Assembly Education Committee.
• SB 638 (Eggman) proposes $6 billion to finance flood control efforts. The measure is set for hearing in the Assembly Water, Parks, and Wildlife Committee and is double referred to the Assembly Natural Resources Committee.
• SB 834 (Portantino) proposes $25 billion for home ownership and construction. The measure is pending in the Assembly Housing and Community Development Committee.
• SB 867 (Allen) proposes $15.5 billion for drought, wildfire, and other climate resilience projects. The Assembly Water, Parks, and Wildlife Committee approved the bill, and it is currently pending in the Assembly Natural Resources Committee.

In addition to AB 1510, the Assembly also approved six other bills that place authorizations for GO bonds before voters:

• AB 247 (Muratsuchi) proposes $14 billion for K-12 and Community College Facilities. The Senate Education Committee approved the bill on June 14^th, and it will also be heard at this Committee’s July 12^th hearing.
• AB 305 (Villapudua) proposes $4.5 billion for flood control projects. The measure is currently pending in the Senate Natural Resources Committee, and is double-referred to the Senate Governance and Finance Committee.
• AB 408 (Wilson) proposes $3.365 billion or agricultural, food, farmworker, and climate purposes. The Senate Agriculture Committee approved the measure on July 3rd, which will also be heard at the Committee’s July 12th hearing.
• AB 511 (Irwin) proposes $4.68 billion for construction and rehabilitation of, unlocked, voluntary, and community-based treatment settings and residential care settings and housing for veterans and others who are experiencing homelessness or are at risk of homelessness and are living with a behavioral health challenge. The bill is set for hearing in the Senate Housing Committee, and if approved, and will also be heard at this Committee’s July 12^th hearing.
• AB 1567 (E. Garcia), proposes $15.995 billion to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, clean energy, and workforce development programs. The bill is currently pending in the Senate Natural Resources Committee, and is double-referred to the Senate Governance and Finance Committee.
• AB 1657 (Wicks), proposes $10 billion to fund affordable rental housing and homeownership programs. The Senate Housing Committee approved the bill on June 20^th, and will also be heard at the Committee’s July 12^th hearing.

9. Incoming! The Senate Health Committee approved AB 1510 by a vote of 10 to 1 on July 5^th. The Senate Governance and Finance Committee is hearing the bill as the committee of second reference.

10. Gut and amend. As approved by the Assembly, AB 1510 related to excused absences for pupils. On June 19th, the author removed those provisions and inserted the current ones.

Assembly Actions

Not relevant to this version of the bill.

Support and Opposition

(7/11/23)

Support: Dr. Debra Duardo - Los Angeles County Superintendent of Schools 
California School-based Health Alliance
Drug Policy Alliance
Lake County Office of Education
Law Enforcement Action Partnership
Santa Cruz County Office of Education
St. John's Community Health
Youth Forward

Opposition: None received.

-- END --

1. Robert Wassmer and Ronald Fisher “Debt Burdens of California State and Local Governments: Past, Present and Future.” As requested and supported by the California Debt and Investment Advisory Commission. July 2011. ↑

SENATE COMMITTEE ON HEALTH

Senator Dr. Susan Talamantes Eggman, Chair

BILL NO: AB 1510

SUBJECT: Fighting Fentanyl Bond Act of 2024

SUMMARY:

Establishes the Fighting Fentanyl Bond Act (FFBA) of 2024, in the sum of an unspecified amount, to be distributed to various state entities for the purpose of addressing the issues caused by the growing fentanyl and synthetic opioid overdose and death crisis. Requires the FFBA to be submitted to the voters at the November 5, 2024, statewide general election.

Existing law:

1. Establishes the California Department of Public Health (CDPH) to be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction as they relate to public health, as specified. [HSC §131050]
2. Establishes the Department of Health Care Services (DHCS) as the sole authority for all substance use disorder (SUD) functions and programs in the state. [HSC §11750 et seq.]

This bill:

1. Establishes the FFBA, in the sum of an unspecified amount, to be distributed to various state entities, in unspecified sums, for the purpose of addressing the issues caused by the growing fentanyl and synthetic opioid overdose and death crisis, as follows:

Public Health Interventions

1. To CDPH to fund and expand programs that improve access to and availability of substance use treatment, including medication-assisted treatment (MAT), inpatient and outpatient treatment, voluntary treatment, psychosocial treatment, and implementation of the hub and spoke system (H&SS) model health care networks to support primary care physicians;
2. To CDPH to fund and expand harm reduction programs, including those that increase community awareness of the risks associated with recreational drug use; demonstrate how to utilize safe-use services, such as fentanyl test kits and syringe services programs; and demonstrate how to identify and respond to overdoses, including how to administer naloxone and cardiopulmonary resuscitation;
3. To CDPH to fund and expand preventative programs and services that improve access to and availability of fentanyl test kits and safe use supplies;

Research and Drug Crises Anticipation

1. To CDPH, upon appropriation by the Legislature, to fund and expand programs that monitor and research emerging drugs and drug-related public health crises, including xylazine, more commonly known as “tranq,” in order to anticipate effective public health solutions and strategies as soon as possible;

Education and Awareness

1. To the California Department of Education (CDE) to fund and expand programs that use research based approaches to reduce the stigma surrounding substance use, including opioid use disorders, and educate pupils in grades nine to 12 on the risks associated with recreational drug use, strategies used to identify high risk situations associated with recreational drug use, and safe recreational drug use practices;
2. To CDE to fund and expand programs that supply local educational agencies (LEAs) with naloxone and fentanyl testing kits and train staff on how to utilize those tools;
3. To CDE to fund and expand access within schools to supportive services for pupils that address the underlying causes of SUDs, including psycho-social supports, such as licensed counselors, therapists, and psychologists;

Focused Deterrence and Violence Reduction

1. To the California Department of Justice (DOJ) to fund and expand programs that identify and target high-level drug traffickers and dealers;
2. To the California Department of Corrections and Rehabilitation (CDCR) to fund and expand integrated substance use treatment programs in prisons and juvenile facilities, including MAT, access to addiction medicine physicians, and access to associated behavioral health services; and,
3. To CDCR to fund and expand access to and availability of recovery housing and transitional housing for previously incarcerated individuals undergoing substance use treatment.
4. Authorizes bonds in an unspecified amount, exclusive of refunding bonds, or so much thereof as is necessary as determined by the Fighting Fentanyl Finance Committee, as specified, to be issued and sold for carrying out the purposes expressed in the FFBA and to reimburse the General Obligation Bond Expense Revolving Fund.
5. Creates the Fighting Fentanyl Finance Committee solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by the FFBA, consisting of the Controller, Treasurer, and Director of Finance. Requires the Treasurer to serve as chairperson of the committee. Permits a majority of the committee to act for the committee.
6. Deems CDPH, CDE, DOJ, and CDCR as boards, for their respective purposes and tasks under the FFBA, for requesting needed funds for purposes of the FFBA. Requires the committee to determine whether or not it is necessary or desirable to issue bonds, and, if so, the amount of bonds to be issued and sold. Permits successive issues of bonds to be authorized and sold to carry out those actions progressively.
7. Requires the State Auditor, on or before January 1, 2030, to conduct an audit of each program funded by the FFBA in order to assess the success and effectiveness of each program. Requires the State Auditor to submit a report to the Legislature containing the findings of that audit.
8. Requires the FFBA to be submitted to the voters at the November 5, 2024, statewide general election in accordance with provisions of the Government Code and the Elections Code governing the submission of a statewide measure to the voters.

FISCAL EFFECT:

This bill has not been analyzed by a fiscal committee.

PRIOR VOTES:

Not relevant.

COMMENTS:

1. Author’s statement. According to the author, it’s time to unite the fight against fentanyl, and become proactive in stopping future drug crises from ravaging our communities in the first place. That is why I am proud to champion the Fighting Fentanyl Bond Act of 2024. This bill will tackle the fentanyl crisis by making historic investments in substance use treatment, harm reduction, education, violence prevention, and drug research. Along with co-author, Assemblymember Juan Alanis, I’ve worked with experts in public health, addiction medicine, law enforcement, and education to create a bipartisan bill that prioritizes evidence-based solutions to combating the fentanyl crisis. By funding programs that address the underlying causes of drug abuse and overdose, this bill will confront the fentanyl crisis without criminalizing low level drug dealers and individuals struggling with SUD. The Fighting Fentanyl Bond Act will prevent overdoses related to fentanyl, protect youth and at-risk individuals, and suppress the flow of this deadly drug.
2. Fentanyl. Fentanyl is a potent synthetic opioid drug approved by the U.S. Food and Drug Administration (FDA) for use as an analgesic and anesthetic. It is approximately 50 times stronger than heroin and 100 times stronger than morphine. First developed in 1959, it was introduced in the 1960’s as an intravenous anesthetic. Fentanyl is legally manufactured and distributed in the U.S.; however, there are two types of fentanyl: pharmaceutical fentanyl and illicitly manufactured fentanyl. Both are considered synthetic opioids. Pharmaceutical fentanyl is prescribed by doctors to treat severe pain, especially after surgery and for advanced-stage cancer. Most recently, cases of fentanyl-related overdoses are linked to illicitly manufactured fentanyl that is distributed through illegal drug markets for its heroin-like effect. It is often added to other drugs because of its extreme potency, which makes drugs cheaper and more powerful, addictive, and dangerous. The Centers for Disease Control and Prevention (CDC) reports that over 150 people die every day from overdoses related to synthetic opioids like fentanyl. According to the CDC, only three states, California, Illinois, and Virginia, experienced a statistically significant change in overdose death rates involving synthetic opioids from 2016 to 2017. Eighteen states reflected no statistically significant change in overdose deaths, and 25 states plus the District of Columbia had remained stable. In stark contrast, the 2019-2020 figures reflect that 40 states and the District of Columbia experienced a statistically significant increase in opioid related deaths while only four states did not have a significant increase and only seven states remained stable.
3. Governor’s Master Plan for Tackling Fentanyl and Opioid Crisis. In March 2023, the Governor unveiled California’s master plan for tackling the fentanyl and opioid crisis. The master plan includes allocations and activities in the following areas:
   • 1. $79 million for enhancement of the Naloxone Distribution Project (NDP) administered by DHCS;
     2. $10 million in grants for education, testing, recovery, and support services;
     3. $4 million to make fentanyl test strips more available;
     4. $3.5 million to provide overdose medications (naloxone/Narcan) to all middle and high schools;
     5. $30 million to expand California National Guard’s (Cal Guard) work to prevent drug trafficking through the hiring, training and embedding of 144 new members (in 2022, 28,765 pounds of fentanyl were seized in operations supported by Cal Guard, an increase of 594% in seizures since 2021);
     6. $15 million over two years to establish and operate the Fentanyl Enforcement Program with the DOJ to combat manufacturing, distribution, and trafficking;
     7. $40.8 million for an education and awareness campaign to establish partnerships and create messaging and education tools for parents and educators;
     8. $23 million to develop SUD training for non-behavioral health professionals working with children and youth; and,
     9. Through CalRx, California will seek to manufacture its own naloxone.
4. What is California doing? California has been a national leader by implementing innovative programs that have been either exclusive to or first-initiated in the state. For example, through its MAT Expansion Project, DHCS aims to increase access to MAT, reduce unmet treatment need, and reduce opioid overdose related deaths through the provision of prevention, treatment, and recovery activities. The California MAT Expansion Project focuses on populations with limited MAT access, including youth, people in rural areas, and American Indian and Alaska Native tribal communities. According to its website,^[1] to date, the project has assisted 140,000 new patients receive MAT services; distributed two million units of naloxone; reversed 131,000 overdoses; provided 20,000 new patients with treatment for stimulant use; and supported 30 individual projects with a total of 650 access points statewide. Examples of other projects include:
5. Drug-Med-Cal Organized Delivery System (DMC-ODS): DMC-ODS began as a five-year pilot program approved by the Centers for Medicare and Medicaid Services (CMS) in 2015 under the Section 1115 Bridge to Reform Demonstration Waiver to test a new method for the organized delivery of health care services for Medi-Cal-eligible individuals with an SUD. After its initial demonstration, CMS approved an expansion, and in December 2021 reauthorized the DMC-ODS in the California Advancing and Innovating Medi-Cal (CalAIM)^[2] Section 1915(b) waiver through December 31, 2026, alongside the state’s other Medi-Cal delivery systems: Medi-Cal managed care, dental managed care, and specialty mental health services. Elements of the DMC-ODS include providing a continuum of care modeled after the American Society of Addiction Medicine criteria for SUD treatment services; increased control and accountability; greater administrative oversight; utilization controls to improve care and efficient use of resources; evidence-based practices in SUD treatment; and, increased coordination with other systems of care. “Continuum of care” refers to a treatment system in which clients enter treatment at a level appropriate to their needs and then step up to more intense treatment, or down to less intense treatment, as needed. These levels include: early intervention services; outpatient services; intensive outpatient/partial hospitalization services; residential/inpatient services; and, medically managed intensive inpatient services;
6. H&SS: The federal government has responded to the opioid crisis by awarding billions of dollars since 2017 in the form of opioid-related grants to states to support a comprehensive response to the epidemic and to expand access to treatment and recovery support services. This program was modeled after the Vermont H&SS, which successfully increased access to MAT in a rural state with little treatment infrastructure. In California, the H&SS has increased the availability of MAT for patients with opioid use disorder (OUD) by increasing the total number of physicians, physician assistants, and nurse practitioners prescribing buprenorphine. The H&SS consists of narcotic treatment programs, which are referred to as “hubs” and serve as experts in treating OUD, as well as office-based treatment settings, which are referred to as “spokes” and provide ongoing care and maintenance treatment. California has received grants that are administered by DHCS. The State Targeted Response (STR) to the Opioid Crisis grant was received in 2017 for a period between May 2017 and April 2019. The $90 million STR grant supported DHCS’s MAT Expansion Project 1.0, which included the H&SS, the Tribal MAT project, and various prevention and treatment activities. The State Opioid Response (SOR) grant was received in 2018 for a period between September 2018 and September 2020. The $140 million SOR grant supported DHCS’s MAT Expansion Project 2.0.^[3] California is currently implementing the SOR III grant from the Substance Abuse and Mental Health Services Administration. Many SOR III programs are continuing efforts from the prior Fiscal Year 2018 and 2020 STR and SOR grants;
7. Youth Opioid Education and Awareness and Fentanyl Education and Awareness Campaign: CDPH is developing and implementing a $40.8 million statewide opioid overdose prevention and education media program that will include media and public awareness campaigns and a robust evaluation to monitor the success of the campaigns in increasing public awareness and supporting behavior change. The campaign has three primary aims and audiences:

• To prevent substance use and raise awareness of fentanyl contamination among youth and young adults (ages 16-21);
• To prevent overdose and overdose death among young adults using a harm reduction lens (ages 20-35); and,
• To raise awareness among families and communities, empowering them to respond to the overdose epidemic with life-saving solutions and strategies.

CDPH has selected a media agency partner, Duncan Channon, Inc., to support the media campaigns. The anticipated contract period is March 1, 2023, through June 30, 2025. Given the urgency of the overdose crisis, CDPH and Duncan Channon plan to have initial messages launched in May 2023, with the full media campaign launched in Fall 2023. The campaign will engage local communities to amplify core campaign messages; provide communities, families, and mentors with the information they need to support youth; and, lift up local personal success stories;

1. MAT in Jails and Drug Courts: According to DHCS, the goal of this project is to increase access to MAT in county jails and drug courts while also building county capacity to effectively respond to individuals with justice system involvement with OUD and other SUDs. The ultimate goal of the Learning Collaborative is for Jail MAT county teams to commit to increasing access to at least two forms of the three FDA-approved medications for treatment of OUD in their jails and drug courts. The technical assistance model works from the basis that each county starts at a different point in access to MAT and will progress in accordance with their resources and priorities. The project brings together county teams in a learning collaborative with the objective to improve coordination among all county agencies and providers who serve justice-involved county residents and to develop bridges to further build system capacity to ensure access to effective treatment and recovery supports.
2. NDP: the NDP aims to reduce opioid overdose deaths through the provision of free naloxone. Entities can apply to DHCS to have naloxone shipped directly to their address. Eligible entities include:

• Law enforcement such as police departments, county jails and probation;
• Fire, EMS and first responders;
• Schools and universities;
• County public health and behavioral health departments; and,
• Community organizations, such as harm reduction organizations or community opioid coalitions.

1. CA Bridge Program: CA Bridge is seeking to disrupt the addiction treatment landscape by ensuring that every hospital in California provides 24/7 access to evidence-based care, treating SUD like any other life-threatening condition. CA Bridge is working with hospital emergency departments to provide immediate access to MAT to anyone seeking help. CA Bridge launched at 52 hospitals in 2018 with a grant from the MAT Expansion Project. In 2020, a state appropriation of $20 million extended funding to 206 hospitals as part of the Behavioral Health Pilot Project. In the spring of 2022, a new appropriation of $40 million launched the CalBridge Behavioral Health Navigator Program to enable all 330 hospital emergency departments to provide 24/7, high-quality care to people with SUDs; and,
2. Tribal MAT Project: The Tribal MAT Project was designed to meet the specific OUD prevention, treatment, and recovery needs of California’s Tribal and Urban Indian communities. In close partnership with representatives of the communities served, DHCS developed the project to promote opioid safety, improve the availability and provision of MAT, and facilitate wider access to naloxone with special consideration for Tribal and Urban Indian values, culture, and treatments. The Tribal MAT Project is focused on sharing knowledge among Tribal and Urban Indian communities, Tribal and Urban Indian health programs, and community-based partners on best practices for prevention, treatment, and recovery from OUD, stimulant use disorders, and other co-occurring SUDs in California Indian Country.
3. Double referral. This bill is double referred. Should it pass out of this Committee, it will be referred to the Senate Governance and Finance Committee.
4. Related legislation. SB 10 (Cortese) requires LEAs and county offices of education to include strategies for the prevention and treatment of an opioid overdose in their school safety plans. SB 10 is set to be heard in the Assembly Health Committee on July 11, 2023.

SB 19 (Seyarto) establishes, upon appropriation by the Legislature, the Anti-Fentanyl Abuse Task Force to evaluate the nature and extent of fentanyl abuse in the state and to develop policy recommendations for addressing it. SB 19 is set to be heard in the Assembly Public Safety Committee on July 11, 2023.

SB 234 (Portantino, Hurtado, and Umberg) requires each campus of a K-12 public school and colleges, and each stadium, concert venue, and amusement park, to maintain unexpired opioid antagonist doses on its premises and ensure that at least two employees are aware of their location. SB 234 is set to be heard in the Assembly Health Committee on July 11, 2023.

AB 33 (Bains) is substantially similar to SB 19 (Seyarto) and establishes the Fentanyl Addiction and Overdose Prevention Task Force to undertake specified duties relating to fentanyl abuse. AB 33 is pending in the Senate Appropriations Committee.

AB 461 (Ramos) requires the governing board of each community college district and the Trustees of the California State University to provide information about the use and location of fentanyl test strips as part of established campus orientations, to notify students of the presence and location of fentanyl test strips, and would require that each campus health center stock and distribute fentanyl test strips, as specified. AB 461 is set to be heard in this Committee on July 5, 2023.

AB 915 (Arambula) requires CDPH to establish a certification training program for students in grades 9 to 12 to gain skills in how to administer Narcan nasal spray during an opioid overdose and how to store and dispose of Narcan nasal spray. AB 915 is set to be heard in this Committee on July 5, 2023.

1. Prior legislation. AB 1673 (Seyarto and Petrie-Norris of 2022) was substantially similar to SB 10 (Seyarto). AB 1673 was held on the Assembly Appropriations Committee suspense file.

AB 2365 (Patterson, Chapter 783, Statutes of 2022) requires the California Health and Human Services Agency to, upon appropriation, establish a grant program to reduce fentanyl overdoses and use throughout the state by giving out six one-time grants to increase local efforts in education, testing, recovery, and support services, as specified.

SB 1395 (Bates of 2020) would have required the AG to establish and chair the Southern California Fentanyl Task Force to develop information, make recommendations, and report findings to the Department of Justice and to the Legislature regarding matters relating to the fentanyl crisis in southern California communities. SB 1395 was not heard in the Senate Public Safety Committee.

1. Support. Supporters state that fentanyl is a synthetic opioid that has become ubiquitous in California’s illegal drug market and shocked doctors, first responders, and community leaders with its ability to kill. Opioid overdoses have spiked significantly in recent years, and in 2021 fentanyl was linked to 83% of all opioid related deaths. The fentanyl crisis has unfolded across all corners of California and has left policymakers debating how to address this unprecedented drug. Experts in public health, law, and education have weighed in on the crisis and agree that the most effective strategies will avoid tactics used in the War on Drugs, such as over-criminalizing individuals suffering from SUDs and low-level drug dealers. Instead, experts recommend a public health approach that educates Californians and supports those who are most at risk of drug use and overdose.
2. Technical amendments.
   • 1. As DHCS is the single state authority for functions and programs related to SUD treatment, the author may wish to amend this bill to replace CDPH with DHCS in the provision that allocates money for MAT, inpatient and outpatient treatment, voluntary treatment, psychosocial treatment, and implementation of the H&SS model; and,
     2. The author may wish to amend this bill to replace the mentions of “naloxone” to “federally approved opioid overdose reversal medication” to be consistent with other bills that have passed this Committee.

SUPPORT AND OPPOSITION:

Support: California School-Based Health Alliance

Drug Policy Alliance

Lake County Office of Education

Law Enforcement Action Partnership

Los Angeles County Office of Education

Santa Cruz County Office of Education

St. John’s Community Health

Youth Forward

Oppose: None received

-- END --

1. https://californiamat.org/ ↑

2. CalAIM​ is a multi-year initiative by DHCS to improve the quality of life and health outcomes of the state’s population by implementing broad delivery system, program, and payment reform across the Medi-Cal program. DHCS conducted broad stakeholder engagement to elicit county, provider, and beneficiary feedback on how to improve Medi-Cal programs, including DMC-ODS. As a result of that input, DHCS proposed CMS a set of updates to DMC-ODS, some of which CMS approved for the January-December 2021 extension period (see Information Notice 21-019, 21-020, 21-021, and 21-024​), and others which will be effective January 2022, pending CMS approval. The pending policy guidance updates and replaces the Special Terms and Conditions used to describe the DMC-ODS program for the years 2015-2020.​ ↑

3. https://www.dhcs.ca.gov/services/Documents/MAT2.0_SAC.pdf ↑

Date of Hearing: April 12, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 1510 (

Author:Jones-Sawyer) – As Amended Ver:March 28, 2023

SUBJECT: Pupil attendance: excused absences: civic or political events

SUMMARY: Requires a student to provide at least one day’s notice to their school in order to be considered an excused absence for the purpose of participating in a civic or political event. Specifically, this bill:

1. Requires a middle or high school student to notify their school at least one day ahead of an absence for the purpose of engaging in a civic or political event, for the absence to be considered excused.

EXISTING LAW:

1. Requires a student between the ages of 6 through 18 to attend school in the school district where either parent or legal guardian resides, except as specified. (Education Code (EC) 48200)
2. Specifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and do not generate state apportionment payments. (EC 48205)
3. Defines the reasons that a student will be excused from school:
4. Due to the student’s illness, including an absence for the benefit of the student’s mental or behavioral health;
5. Due to quarantine under the direction of a county or city health officer;
6. Having medical, dental, optometrical, or chiropractic services rendered;
7. For the purpose of attending the funeral services of a member of the student’s immediate family;
8. For the purpose of jury duty;
9. Due to the illness or medical appointment during school hours of a child of whom the student is the custodial parent;
10. For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the student’s religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization;
11. For the purpose of serving as a member of a precinct board for an election;
12. For the purpose of spending time with a member of the student’s immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position;
13. For the purpose of attending the student’s naturalization ceremony to become a United States citizen;
14. For the purpose of participating in a cultural ceremony or event;
15. For the purpose of a middle or high school student engaging in a civic or political event, as defined, provided that the student notifies the school ahead of the absence; and
16. Authorized at the discretion of a school administrator. (EC 48205)

FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as non-fiscal.

COMMENTS:

Need for the bill. According to the author, “In order for laws to be enforced, they must be clear and consistent. The ambiguity in the current law can lead to misunderstandings and arguments. AB 1510 provides clarity to both parents and schools by creating a definitive timeline for when a school should be notified of an upcoming absence. In doing so, this bill will provide a mutually understood expectation which will prevent potential disputes between schools and parents.”

Excused absences. California's compulsory education law requires every child between the ages of 6 through 18 to attend school full-time and their parents and legal guardians to be responsible for ensuring that children attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.

Current law establishes excused absences for a number of reasons, including illness, quarantine, appointments, attending a funeral, jury duty, illness of the student’s child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, medical, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military, as well as for other reasons deemed to constitute a valid excuse by a school administrator.

Current law also allows an excused absence for the purpose of a middle or high school student engaging in a civic or political event, provided that the student notifies the school ahead of the absence, and is limited to only one schoolday-long absence per school year. A civic or political event includes, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls. This bill would clarify that the required notification to the school ahead of an absence for this purpose must be made at least one day in advance.

California schools are funded on the basis of the ADA of enrolled pupils. The level of absenteeism, whether excused or unexcused, negatively impacts an LEA’s overall funding.

Access to civic education. A literature review of over 600 studies of civic education conducted from 2009 to 2019 notes that “Despite overall increases in youth civic engagement in the United States, structural inequities and corresponding barriers and gaps in opportunity can lead youth of marginalized backgrounds to participate less in civic life than their more privileged peers – a phenomenon often called the civic engagement gap.” (Fitzgerald, 2021)

Six Proven Practices for Effective Civic Learning. The Education Commission of the States (ECS) has identified Six Proven Practices for Effective Civic Learning.

1. Provide instruction in government, history, law, and democracy;
2. Incorporate discussion of current local, national, and international issues and events in the classroom, particularly those that young people view as important to their lives;
3. Design and implement programs that provide students with opportunities to apply what they learn through performing community service that is linked to the formal curriculum and classroom instruction;
4. Offer extracurricular activities that provide opportunities for young people to get involved in their schools or communities;
5. Encourage student participation in school governance; and
6. Encourage students’ participation in simulations of democratic processes and procedures.

Voting as a sign of civic participation. According to The Center for Information and Research on Civic Learning and Engagement at Tufts University, 37% of California voters aged 18-29 voted in the 2016 Presidential election and 54% did so in the 2020 election. Nationally, 39% of voters in this age group voted in 2016 and 50% in 2020. Additional national data on the 2020 election shows:

• White youth voted at a higher rate (61%) than young people of other races/ethnicities;
• Young white people have historically had higher turnout than Asian and Latino youth, Asian youth especially appear to be closing the gap; and
• Young women (55%) voted at a higher rate than young men (44%), and that was true for every racial/ethnic group.

Related legislation. AB 1503 (Lee) of the 2023-24 Session would extend the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday.

SB 350 (Ashby) of the 2023-24 session would authorize a student’s excused absence for the purpose of attending the funeral services or grieving the death of either a member of the student’s immediate family, or of a person that is determined by the student’s parent or guardian to be in such close association with the student as to be considered the student’s immediate family, so long as the absence is not more than 5 days.

SB 955 (Leyva) Chapter 921, Statutes of 2022, authorizes one excused absence per year for a middle or high school student to participate in a civic or political event provided that the student notifies the school ahead of the absence.

SB 14 (Portantino) Chapter 672, Statutes of 2021, includes, specifically, “for the benefit of the behavioral health of the student” within the “illness” category for excused absences for purposes of school attendance; and requires the CDE to identify an evidence-based and evidence-informed training program for LEAs to address youth behavioral health, including staff and student training.

AB 516 (Megan Dahle) Chapter 281, Statutes of 2021, adds participation in a cultural ceremony or event to the list of reasons that a student must be excused from school.

AB 1593 (Obernolte) Chapter 92, Statutes of 2016, adds a student's attendance at his or her naturalization ceremony to become a United States citizen to the list of excused absences.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087