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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Gipson</ns0:AuthorText>
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<ns0:Name>Gipson</ns0:Name>
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<ns0:Title> An act to add Section 6720.1 to the Labor Code, and to add Chapter 19 (commencing with Section 7470) to Title 7 of Part 3 of the Penal Code, relating to corrections. </ns0:Title>
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<ns0:GeneralSubject>
<ns0:Subject>Corrections: prison conditions.</ns0:Subject>
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<html:p>Under existing law, the California Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety. Under existing law, certain violations of those provisions or a standard, order, or special order authorized by those provisions are a crime.</html:p>
<html:p>Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law establishes the Office of Emergency Services within the office of the Governor. Existing law requires the Office of Emergency Services to be responsible for the state’s emergency and disaster response services for natural, technological, or manmade disasters and
emergencies.</html:p>
<html:p>This bill would require the division, by July 1, 2027, to submit a rulemaking proposal for the Occupational Safety and Health Standards Board’s review and adoption, specifically applicable to workers in any prison or institution under the jurisdiction of the Department of Corrections and Rehabilitation, as specified.</html:p>
<html:p>This bill would require the department to comply with these provisions and any order, rule, or regulation adopted by the Occupational Safety and Health Standards Board pursuant to them. Because this bill would expand the definition of an existing crime, this bill would impose a state-mandated local program.</html:p>
<html:p>This bill would also adopt the Climate Justice in Prisons Emergency Response Act, which would require the department to take various actions at specified times, relating to climate control and working conditions in prisons, including, among other
things, establishing and implementing minimum interim relief measures during excessive weather events and establishing a working group consisting of representatives from various entities, including community-based organizations and an incarcerated person advisory council. The bill would require the department, subject to an appropriation by the Legislature, to implement a plan to ensure that living quarters, work areas, and recreational spaces at correctional facilities are equipped with specified cooling systems and to install shade structures at facilities that have the greatest exposure to excessive heat. The bill would require the department, by July 1, 2027, to establish a Temperature Monitoring and Data Transparency Pilot Program in at least 3 prisons that represent distinct climate zones. Under the program, the bill would require the department to collect certain temperature data and provide weekly and quarterly summary data, from digital sensors installed at the prisons, to the Office of the
Inspector General, the Division of Occupational Safety and Health, and the appropriate policy and budget committees of the Legislature, as specified. The bill would require the department to establish a monitoring system that includes data collection and reporting mechanisms in order to carry out the provisions of the act.</html:p>
<html:p>This bill would make related findings and declarations.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_6118D9DB-8401-41A3-932B-935612BD45ED">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Climate change has led to increased extreme weather events, including excessive heat, cold snaps, wildfires, floods, and poor air quality, all of which disproportionately affect vulnerable populations, including incarcerated individuals.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Incarcerated individuals are often confined in facilities with outdated infrastructure and limited access to adequate ventilation, cooling, heating, or clean air, which can exacerbate the impacts of extreme weather.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Incarcerated people in California are among the most vulnerable to heat-related illnesses,
injuries, and death.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Incarcerated people have few options to reduce the impact of hazardous heat, and these marginalized communities are often disproportionately susceptible to the effect of heat exposure, given preexisting health conditions.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Structural racism manifests in persistently higher proportions and rates of incarcerated people being people of color.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
It is the responsibility of the State of California, through the Department of Corrections and Rehabilitation (CDCR), to ensure the health, safety, and humane treatment of incarcerated individuals, especially as climate change escalates the frequency of inclement and dangerous weather.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Incarcerated workers are protected by health and safety rights under Title 8 of the California
Code of Regulations. The Division of Occupational Safety and Health can and has cited state prisons for occupational safety and health standards violations.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Incarcerated workers may file complaints to the division if their health and safety rights are violated. This process is governed by Article 9 (commencing with Section 344.40) of Subchapter 2 of Chapter 3.2 of Division 1 of Title 8 of the California Code of Regulations.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Division of Occupational Safety and Health is conducting research to develop a standard as published in the November 13, 2025, advisory committee meeting agenda publicly available on the agency’s website.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The National Employment Law Project 2022 report, Workers Doing Time Must Be Protected by Safety Laws, found that incarcerated workers face numerous hazards, including heat-related
illnesses. It is unacceptable that California is effectively excluding one of the most vulnerable populations from basic worker protections.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The purpose of this act is to require CDCR to implement safety protocols and infrastructure improvements to protect the health and well-being of incarcerated individuals from the effects of extreme weather events related to climate change.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the regulations adopted pursuant to Section 6720.1 of the Labor Code meet or exceed the safety and health standards of federal indoor heat and climate risk to workers.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The Legislative Analyst’s Office has found that closing prisons can allow the state to avoid costly infrastructure improvements at those facilities and concentrate resources at remaining prisons, and has recommended that the
state prioritize closure of certain prisons as a first step in managing prison infrastructure.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
It is the intent of the Legislature that compliance with this act not be used as a justification for constructing new prisons or reopening prisons that have been closed, and that, consistent with recommendations from the Legislative Analyst’s Office, prison closure be considered as a primary strategy to reduce costs and achieve compliance with the climate resilience and worker safety requirements of this act.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 6720.1 is added to the
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, to read:
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<ns0:Num>6720.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
By July 1, 2027, the division shall submit a rulemaking proposal to the standards board, for the board’s review and adoption, specifically applicable to workers in any prison or institution under the jurisdiction of the Department of Corrections and Rehabilitation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In preparing the proposed regulations, the division shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensure the standards proposed and adopted pursuant to subdivision (a) are consistent with the requirements described in Chapter 19 (commencing with Section 7470) of Title 7 of Part 3 of the Penal Code and, as appropriate, may draw from, or build upon, the heat illness prevention standards set forth in Sections 3395 and 3396 of
Title 8 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide regulatory protections for both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Workers when the temperature or heat index in a work area equals or exceeds 85 degrees Fahrenheit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Workers when the indoor temperature or heat index equals or exceeds 80 degrees Fahrenheit if workers wear restrictive clothing or are exposed to high radiant heat, consistent with, and no less protective than, the framework for indoor heat illness prevention set for in Section 3396 of Title 8 of the California Code of Regulations, while tailored to the unique conditions of correctional facilities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensure the Department of Corrections and Rehabilitation establishes and implements effective policies for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Protocols for the division to monitor indoor temperatures, inspect facilities, investigate heat-related incidents, and assess compliance with required standards.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Emergency response protocols for immediate action during extreme weather events, including hazard assessments, stop work orders, evacuation, and strategies to protect workers from exposure to harsh conditions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Protocols to investigate and document heat-related illness incidents among workers.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Staff training and resources.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Appropriate and necessary worker hydration requirements.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Protocols for medical intervention.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Protocols for the Department of Corrections and Rehabilitation to monitor indoor temperatures, inspect facilities, investigate heat-related incidents, and assess compliance with required standards.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Annual reporting of heat-related illness incidents to the division in compliance with any reporting order, rule, or regulation adopted by the standards board.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Maintaining heat incident log records for all work-related serious heat-related incidents or fatalities, consistent with Section 342 of Title 8 of the California Code of Regulations.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Submitting an annual report to the division summarizing incidents of heat-related illnesses, cold exposure incidents, hydration efforts, and health monitoring practices for evaluation and compliance
verification.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The division shall consider requiring that the Department of Corrections and Rehabilitation do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Maintain comprehensive records of indoor climate condition monitoring, hydration provisions, and health assessments for incarcerated workers, making these records available for review during inspections by the division.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Maintain temperature and related climate condition records in a durable digital format, including weekly supervisory review and sign off, and retain those records for a minimum period sufficient to support inspections, enforcement, and public reporting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Monitor maximum and minimum indoor temperatures.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Identify feasible
improvements, including installing or upgrading infrastructure related to heating, ventilation, and air conditioning to protect workers.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation shall comply with this section and any order, rule, or regulation adopted by the standards board pursuant to this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Heat illness” means a serious medical condition resulting from the body’s inability to cope with a particular heat load. It includes heat cramps, heat exhaustion, heat syncope, and heat stroke.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Indoor” means a space under a ceiling or overhead covering that restricts airflow and is enclosed along its entire perimeter by walls, doors, windows,
dividers, or other barriers that restrict airflow, whether open or closed. All work areas that are not indoor are considered outdoor.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The division shall carry out the duties described in this section within existing resources of the Department of Corrections and Rehabilitation and the Department of Industrial Relations unless additional resources are appropriated to comply with the requirements of this section.
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<ns0:Num>SEC. 3.</ns0:Num>
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Chapter 19 (commencing with Section 7470) is added to Title 7 of Part 3 of the
<ns0:DocName>Penal Code</ns0:DocName>
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<ns0:Num>19.</ns0:Num>
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<ns0:LawHeadingText>Climate Justice in Prisons Emergency Response Act</ns0:LawHeadingText>
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<ns0:Num>7470.</ns0:Num>
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<html:p>For the purposes of this chapter, the following terms have the following meanings:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Access and functional needs” means the needs of individuals who are part of the access and functional needs population, as defined in Section 8593.3 of the Government Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Climate resilience measures” means policies, procedures, and infrastructure upgrades that aim to reduce the adverse effects of climate change-related extreme weather on incarcerated individuals.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Excessive weather” means weather conditions, including, but not limited to, extreme heat, extreme cold, wildfire smoke, flooding, or other weather-related events exacerbated by climate change.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Incarcerated individual” means any person confined in a state prison or other facility under the jurisdiction of the Department of Corrections and Rehabilitation.
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<ns0:Num>7471.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Consider issuing appropriate clothing during summer months, including issuing shorts as part of a standard uniform.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Identify the need for additional shade structures in yards and exercise areas as part of the plan required by paragraph (15) and, subject to appropriation by the Legislature, prioritize the installation of additional shade structures at facilities with the greatest exposure to excessive heat.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
During excessive heat or wildfire smoke events, to the greatest extent practicable within existing resources, allow
incarcerated individuals increased access to showers and personal fans. Fans shall not count toward an incarcerated person’s appliance limit and multiple fans are allowed for each individual during excessive heat or wildfire smoke events.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Use data to activate interim relief measures pursuant to this section that are, when available, derived from temperature and air quality sensors deployed pursuant to paragraph (14), with manual observations used as only a supplemental source.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Require medical staff to conduct regular health assessments to identify individuals at greater risk for heat-related illnesses, including, but not limited to, the elderly or those with preexisting health conditions, and those on medications that increase the risk of heat-related illness.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Require medical staff to monitor symptoms of
heat-related illnesses among incarcerated individuals and provide prompt medical attention as necessary.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Require medical staff to establish a protocol for documenting any heat-related illness, including the affected individual’s symptoms and the treatment received.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
By April 1, 2027, establish and implement minimum interim relief measures during excessive weather events, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Standards for access to potable water and ice that ensure incarcerated individuals can frequently drink cool water, consistent with regulations adopted pursuant to Section 6720.1 of the Labor Code, and, until those regulations take effect, consistent with the provisions in Sections 3395 and 3396 of Title 8 of the California Code of Regulations, as applicable.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To the greatest extent practicable within existing resources, use of designated cooled indoor areas as respite spaces during excessive heat events, if those spaces are available.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Work and program modifications, including rest, recovery cycles to reduce heat strain that prioritize modifications for incarcerated workers and individuals with medical risk factors, and a stop work order. For the purposes of this subparagraph, medical risk factors include, but are not limited to, all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Cardiovascular, metabolic, kidney, or chronic respiratory disease.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Serious mental illness, cognitive impairment, or limited mobility.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Pregnancy.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
History of heat-related illness.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Individuals taking medications or using substances known to impair heat tolerance, thermoregulation, or hydration, as identified by medical staff pursuant to paragraph (5) and consistent with the definition of personal risk factors for heat illness in Section 3396 of Title 8 of the California Code of Regulations.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Conditions that affect the elderly.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Coordination of interim measures with medical screening and monitoring required by paragraph (5).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
By May 1, 2027, establish a working group consisting of at least two representatives of community-based organizations who work with currently or formerly incarcerated individuals, a representative
from the Division of Occupational Safety and Health, a representative from the Office of the Inspector General, a representative of an incarcerated person advisory council, and the Secretary of the Department of Corrections and Rehabilitation to ensure regular maintenance, upkeep, accessibility of use, and implementation of this chapter.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
By July 1, 2027, develop and implement annual training for all staff on preventing, identifying, and managing heat-related illnesses, that meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Recognizes the signs and symptoms of heat-related illness.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Includes protocols for responding to heat-related emergencies.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Includes best practices for maintaining safe conditions during extreme heat.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Includes reporting procedures.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
By July 1, 2027, implement protocols to monitor air quality during wildfire events and other air quality emergencies. The department shall, pursuant to paragraph (15), identify and prioritize air filtration improvements needed to provide clean air to incarcerated individuals during poor air quality events. Interim protocols established pursuant to this paragraph shall include thresholds based on the Air Quality Index when measures are taken, including opening additional indoor smoke respite spaces, modifying or suspending outdoor activities, and deploying or upgrading available filtration equipment, to the greatest extent practicable within existing resources.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
With the use of existing resources, by July 1, 2027, establish a Temperature Monitoring and
Data Transparency Pilot Program in no fewer than three prisons that represent distinct climate zones, that does all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Deploy continuous temperature, and where feasible, humidity and find particulate matter monitoring equipment in representative and priority living, working, and recreational areas, including units that house individuals at elevated medical risk.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Collect and retain data sufficient to identify days and hours if indoor temperatures exceed 85 degrees Fahrenheit, or another threshold established by regulation pursuant to Section 6720.1 of the Labor Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Provide weekly and quarterly summary data from digital sensors to the Office of the Inspector General, the Division of Occupational Safety and Health, and the appropriate policy and budget committees of the Legislature in
compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Publish, on at least a weekly basis, and quarterly, facility level data of temperature, and, if measured, fine particulate matter conditions derived from the monitoring equipment in a format accessible to incarcerated individuals, their families, and the public.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Establish quality assurance protocols for calibration, maintenance, and data validation of monitoring equipment and records, including periodic review by the Office of the Inspector General. The periodic review shall occur at intervals determined by that office, but not less frequently than once every two years for the duration of the pilot program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The pilot program shall not include the design or installation of new mechanical air-cooling systems that are addressed through separate programs
funded in the annual Budget Act.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation may enter into memoranda of agreement with public universities, research institutions, or community-based organizations with relevant expertise to assist in the design, implementation, and evaluation of the pilot program.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The pilot program shall end after one year of data collection at three prisons.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Beginning on January 1 of the calendar year following the calendar year that the department submits the phased plan required in paragraph (15), and each year thereafter, submit a report, in compliance with Section 9795 of the Government Code, to the Governor, the Legislature, and the Office of Emergency Services, detailing the progress in implementing climate resilience measures, the effectiveness of
those measures and evacuation plans in response to extreme weather events, the number of climate hazards experienced at each facility under the jurisdiction of the department, and any additional resources required to protect incarcerated individuals from excessive weather.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The annual report shall also include, for each facility, all of the following data:
</html:p>
<html:p>
(i)
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The number of days in the preceding calendar year where indoor temperatures in housing units exceeded the temperature thresholds described in paragraph (2) of subdivision (b) of Section 6720.1 of the Labor Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of days that the indoor temperatures fell below a specified cold threshold, as determined by the Department of Corrections and Rehabilitation in consultation with the Division of Occupational Safety and Health.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Department of Corrections and Rehabilitation shall make the data described in subparagraph (B) available to the public on the department’s internet website.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
By January 1, 2028, develop temperature monitoring protocols that include the use of temperature monitoring systems, that may include sensors that continuously measure and transmit data in representative living quarters, work areas, and recreational spaces. Deployment of these systems shall be prioritized in the pilot program established pursuant to paragraph (12).
</html:p>
<html:p>
(15)
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(A)
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By January 1, 2028, submit to the Legislature and the Department of Finance, a phased plan to implement climate resilience measures in correctional facilities, including, but not limited to, improvements to heating, ventilation, air-conditioning systems, shade
structures, and air filtration systems, that contains all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A facility-by-facility assessment of existing systems, including the age and condition of major heating, ventilation, and air-conditioning equipment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The estimated one-time and ongoing costs for implementing each of the following climate resilience measures:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
At least one scenario that assumes no additional prison closures and at least one scenario that assumes the closure or partial closure of facilities with the highest per capita capital needs, consistent with this chapter.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Scenarios reflecting different implementation timelines, including an accelerated implementation period and a longer phased implementation period.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Scenarios that distinguish between minimum compliance focused on interim relief and targeted upgrades, and more extensive construction of heating, ventilation, air conditioning, filtration, and backup power.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A prioritization schedule and proposed timelines for implementation that give priority to facilities and housing units at greatest risk of excessive weather events.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
An explanation of how the plan aligns with any 2025 or later statewide fiscal analysis of climate resilience or air-cooling needs in correctional facilities prepared by the Legislative Analyst’s Office, a public university, or both.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
An assessment of the status and needs related to shade structures in yards and exercise areas, air filtration systems necessary to protect
incarcerated individuals during poor air quality events, and infrastructure that supports flood and storm preparedness, together with cost estimates and prioritization for any proposed improvements.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
An assessment of the extent that existing and proposed heating, ventilation, and air-conditioning systems can feasibly comply with the California Building Standards Code (Title 24 of the California Code of Regulations) related to energy efficiency and indoor environmental quality.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
An assessment of current and proposed air filtration systems, including the feasibility of achieving a minimum efficiency reporting value of 13 or higher, where compatible with existing equipment and infrastructure, to reduce exposure to wildfire smoke and other airborne pollutants.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
An assessment of backup power systems
necessary to maintain safe indoor temperatures and support critical medical care during grid outages or power disruptions associated with excessive weather events.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Implementation of capital improvements identified in this plan shall be subject to an appropriation by the Legislature.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
By July 1, 2028, implement protocols for colder climates, including, but not limited to, climate-appropriate clothing and bedding. As part of the plan developed pursuant to paragraph (18), the department shall identify and prioritize necessary updates to heating, ventilation, and air-conditioning systems at correctional facilities. Implementation of heating, ventilation, and air-conditioning upgrades pursuant to this subdivision shall be subject to an appropriation by the Legislature.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
By July 1, 2028, develop and implement a
comprehensive flood and storm preparedness plan for all facilities, including those facilities in flood-prone areas, that includes both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provisions for evacuation, emergency shelter, and access to clean water.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identification of mutual aid triggers and coordination procedures with local governments and the Office of Emergency Services to secure additional shelter, transportation, and filtration resources during excessive weather events.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
By July 1, 2028, develop and implement, consistent with paragraph (11) and subject to an appropriation by the Legislature, a plan to ensure that living quarters, work areas, and recreational spaces at correctional facilities are equipped over time with cooling systems, including, but not limited to, air conditioning and proper ventilation. Priority shall
be given to facilities and housing units at greatest risk of excessive temperatures.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
By July 1, 2028, establish and implement an emergency response and evacuation plan for each correctional facility to protect the safety of incarcerated individuals during extreme weather events. The department shall review and update the plan for each facility at least once every five years. The plan shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Procedures for the safe and timely evacuation of incarcerated individuals in the event of natural disaster. A natural disaster includes, but is not limited to, a wildfire, flood, or severe storm. If guidance specific to correctional facilities is not available, the department shall base its plan on generally accepted emergency management standards, including any relevant federal guidance. The department shall update its plans when the Office of Emergency
Services updates its guidance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedures that are informed by, and to the extent practicable, consistent with guidance issued by the Office of Emergency Services, without limiting the department’s authority to adopt procedures that provide greater protection if necessary, to protect incarcerated individuals.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identification of, where feasible, prearranged transportation resources, including mutual-aid agreements or contracts for buses or other conveyances.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Designation of smoke-resilient shelter locations that meet the access and functional needs of incarcerated individuals who are older adults or who have disabilities, chronic conditions, or other vulnerabilities.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An assessment of at least one annual tabletop or functional exercise at
each facility, conducted in coordination with the Office of Emergency Services and local emergency management partners.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the Office of the Inspector General issues an audit, review, or set of recommendations related to temperature conditions, climate resilience, or emergency response to excessive weather in correctional facilities, the Department of Corrections and Rehabilitation shall, within 60 days of receipt, submit to the Office of the Inspector General and the appropriate policy and budget committees of the Legislature a corrective action plan describing how it will address the findings, and within six months from the date of the audit, a progress update on the implementation of that plan. The action plan and progress update shall be submitted in compliance with Section 9795 of the Government Code. The department shall send a copy of the plan and progress update to the Office of Emergency Services to inform statewide emergency
planning.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding Section 6128 of the Penal Code or any other law, a communication from an incarcerated person or their legal representative, constituting a bona fide complaint or grievance relating to extreme temperature, extreme weather events, or noncompliance with evacuation plan requirements, shall not be dismissed, rejected, or ignored by reason of being deemed a singular occurrence or routine grievance.
</html:p>
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<ns0:Num>7472.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
To the extent consistent with the annual Budget Act, the Department of Corrections and Rehabilitation shall contract with an independent third-party evaluator, including a public university or other research institution, to conduct a transparent monitoring and evaluation of any air-cooling pilot projects funded in the Budget Act for correctional facilities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The evaluation shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A comparison of temperature and humidity differentials between cells, common areas, and outdoor spaces in pilot and nonpilot housing units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An assessment of the variability
in compliance with any temperature thresholds or operational protocols adopted for the pilot program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An identification of lessons learned and recommendations for prioritizing future investments in cooling, filtration, and other climate resilience measures.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The evaluator’s final report shall be submitted to the Governor, the Legislature, and the Office of Emergency Services in compliance with Section 9795 of the Government Code, and shall be made available to the public on the Department of Corrections and Rehabilitation’s internet website.
</html:p>
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<ns0:LawSection id="id_9D703DD2-6DD5-4781-AD7A-F91E36EDF478">
<ns0:Num>7473.</ns0:Num>
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<html:p>The Department of Corrections and Rehabilitation shall establish a monitoring system that includes data collection and reporting mechanisms for the purposes of this chapter.</html:p>
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</ns0:LawSection>
<ns0:LawSection id="id_38C12A57-4911-48B5-A43A-9F4AA0AE652F">
<ns0:Num>7474.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Nothing in this chapter shall be construed to require or encourage the construction or opening of new state prisons or reactivate a state prison facility that has been closed or placed in inactive status. For purposes of complying with this chapter, the Department of Corrections and Rehabilitation shall meet the requirements of this chapter through improvements to existing facilities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In developing the plan described in paragraph (15) of subdivision (a) of Section 7471 and in submitting any budget requests to implement that plan, the department shall treat the closure or partial closure of existing prisons and housing units as a primary strategy for achieving compliance with this chapter in a fiscally responsible manner, before
recommending major new capital investments in additional prison capacity.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to prohibit the department from deactivating housing units or entire facilities as a means of complying with the requirements of this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In developing the disaster response and emergency plans pursuant to paragraphs (16) to (19), inclusive, of subdivision (a) of Section 7471, and any other applicable law, the department shall consider planning and implementing the release of incarcerated persons, including through temporary furlough, as a harm mitigation strategy if necessary to avert extreme risk of death or grave bodily harm. In determining the necessity of a release or furloughs, the security classification of the incarcerated person affected shall be a factor taken into consideration, but that factor is not
dispositive.
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<ns0:Num>SEC. 4.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
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</ns0:BillSection>
</ns0:Bill>
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