Contra Costa Herald

News Of By and For The People of Contra Costa County, California

State Attorney General joins FTC lawsuit challenging John Muir Health’s acquisition of San Ramon Regional Medical Center

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Calls it “anti-competitive”

OAKLAND – California Attorney General Rob Bonta today, alongside the Federal Trade Commission (FTC), filed an antitrust lawsuit in the U.S. District Court for the Northern District of California, challenging John Muir Health’s (John Muir) acquisition of Tenet Healthcare Corporation’s (Tenet) controlling interest in the for-profit San Ramon Regional Medical Center located in San Ramon in Contra Costa County. The complaint for a temporary restraining order and preliminary injunction filed today argues that the acquisition is inherently anticompetitive, and illegal under the Clayton Act. It seeks to block John Muir and Tenet from completing the proposed acquisition, under which John Muir would become the sole owner of San Ramon Regional Medical Center. In the lawsuit, Attorney General Bonta and the FTC argue the proposed acquisition illegally threatens to eliminate substantial competition between the San Ramon Regional Medical Center and John Muir’s nearby hospitals, significantly increasing consolidation in an already highly concentrated market, and leading to increased prices for patients, employers, and insurers.

“We’re in court today challenging John Muir Health’s anticompetitive acquisition of San Ramon Regional Medical Center, because when healthcare markets illegally consolidate, patients pay the price,” said Bonta. “At the California Department of Justice, ensuring that every Californian can access quality, affordable care is a top priority. Competitive markets help keep prices lower. We will continue to fight to ensure that Bay Area residents – and all Californians – can access the affordable healthcare they need to live healthy and happy lives.”

San Ramon Regional Medical Center is a 123-bed general acute care hospital located in the community of San Ramon, California along the I-680 corridor in Contra Costa County. San Ramon Regional Medical Center is currently owned by Tenet and John Muir through a joint venture. Currently, Tenet, a for-profit healthcare company is 51% majority owner of San Ramon Regional Medical Center. Its profitable strategy for San Ramon Regional Medical Center has been to charge lower prices, while offering high quality care. John Muir is a hospital system headquartered in Walnut Creek, California, which owns two general acute care hospitals north of San Ramon along the I-680 corridor: the 540-bed Walnut Creek Medical Center and the 244-bed Concord Medical Center. Both of these hospitals are located in the same geographic market as, and are direct competitors to, San Ramon Regional Medical Center. As such, John Muir’s purchase of the remaining interest in San Ramon raises significant competition concerns. A 2020 RAND study on hospital price transparency found John Muir’s Walnut Creek Medical Center was the costliest hospital in the nation from 2016 through 2018 and reporting by the New York Times stated: “John Muir Health . . . [is] the most costly system in the nation. Private insurers pay its hospitals four times what Medicare reimburses for care.”

In the lawsuit, Attorney General Bonta and the FTC argue that if John Muir were permitted to acquire San Ramon Regional Medical Center, insurers and their enrollees would have fewer alternatives for inpatient services in the I-680 corridor. As a result, John Muir would be able to demand higher rates from insurers. In turn, higher rates would likely lead to higher insurance premiums, co-pays, deductibles, and other out-of-pocket costs or reduced benefits for commercial health insurance enrollees. Furthermore, San Ramon Regional Medical Center also competes with John Muir for patients by investing to improve its quality, service offerings, and facilities. These investments, and the competition that prompts them, provide meaningful benefits to San Ramon’s patients. If allowed to move forward, the proposed acquisition would immediately eliminate this competition, reducing healthcare investment and improvement along the I-680 corridor for California residents.

A copy of the complaint is available here.

 

State Public Utilities Commission approves 12.8% PG&E rate increase

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Claims typical residential customer will pay $32.62 more for combined monthly electric and natural gas bill beginning January 1, 2024.

By CPUC

The California Public Utilities Commission (CPUC) on Thursday, Nov. 16, 2023, resolved Pacific Gas and Electric Company’s (PG&E) General Rate Case (GRC), which covers its operational and infrastructure revenue requirement for 2023-2026. The decision marks a crucial step in fortifying the future of California’s electric grid while prioritizing customer affordability.

Based on the evidence presented, the CPUC today unanimously approved the Alternate Proposed Decision of Commissioner John Reynolds. This decision approves investments in the safety and reliability of PG&E’s energy services. Inflation and a significant investment in undergrounding electric lines ranked among the top drivers in PG&E’s request. Over the past year and a half, numerous parties reviewed PG&E’s GRC request and provided input on each cost category and related proposed expenditures.

“I am proud of today’s decision because it represents the CPUC’s commitment to finding a reasonable balance in the face of incredibly challenging circumstances and competing objectives,” said Commissioner John Reynolds, who is assigned to the proceeding. “This decision ultimately represents both an historic investment in PG&E’s electric and natural gas systems as well as an expectation that PG&E must continue to be safer and more efficient. I am grateful to the many parties, and the scores of CPUC staffers, for their help as we grappled with this decision.”

Today’s decision propels PG&E’s energy infrastructure and operations into the future, addressing critical objectives such as mitigating wildfire risk, enhancing safety and reliability, and anticipating evolving electric grid demands. This comprehensive approach not only ensures PG&E’s capacity to maintain a safe and reliable energy system with a dedicated workforce, but also positions California for a more resilient energy future in the face of climate change. Moreover, the decision reflects rigorous oversight over hundreds of programs, and reduces PG&E’s request to more accurately reflect forecasts for prudent use of ratepayer funds.

Among the key initiatives covered in the decision:

  • Wildfire System Enhancement and Undergrounding
    • Approves 1,230 miles of electric line undergrounding, as well as 778 miles of covered conductor, totaling 2,008 hardened miles. This represents an historic opportunity for PG&E to invest in safer, reliable improvements for its customers while also achieving economies of scale to drive down costs; the revised undergrounding total also provides PG&E with a bridge to a future phase of undergrounding planning, through the Senate Bill 884 program.
  • Vegetation Management
    • Approves PG&E investing approximately $1.3 billion in vegetation management to reduce wildfire ignition risk and improve reliability on PG&E’s electrical system.
  • Capacity Upgrades
    • Approves PG&E investing more than $2.5 billion in upgrading the electric distribution system from 2023-2026, which will help prepare the grid to support initiatives for enhanced building electrification and new interconnections for electric vehicle charging stations and new housing and businesses.

“Today’s decision balances a myriad of competing interests—affordability, feasibility, safety, and reliability,” said CPUC President Alice Reynolds. “And in the face of increasingly turbulent climate-driven weather events, it gives PG&E the opportunity to prove it can underground electric lines at scale.  This will allow PG&E to achieve economies of scale, drive down costs, and reduce wildfire risk.”

Setting the pathway for critical investments in PG&E’s system

For PG&E customers, this approval by the CPUC translates to a continued commitment to safe, reliable, and affordable energy services. The GRC ensures that every dollar invested contributes to more resilient energy infrastructure, offering customers lasting benefits. Moreover, stringent accountability measures are embedded within the decision, assuring customers that their investment yields tangible and accountable improvements in PG&E’s operations and services.

PG&E requested $15.4 billion for 2023; Thursday’s decision cut that amount substantially, by $1.8 billion. Today’s decision sets the 2023 revenue requirement at $13.5 billion, reflecting an 11 percent increase from the authorized 2022 revenue requirement. For the typical residential customer, their combined monthly electric and natural gas bill will increase by $32.62 or 12.8 percent, compared to PG&E’s request of $38.73 or 17.9 percent increase.

PG&E’s 2022 Authorized Revenue Requirement Proposed 2023
Revenue Requirement		 Percent Increase Dollar Increase
$12.2 billion PG&E Request $15.4 billion 26% $3.2 billion
Decision $13.5 billion 11% $1.3 billion

Customers can expect any changes to their bill to go into effect on January 1, 2024.

For further information on the proceeding, including today’s decision and a fact sheet, please visit the CPUC’s website.

About the California Public Utilities Commission

The CPUC regulates services and utilities, protects consumers, safeguards the environment, and assures Californians access to safe and reliable utility infrastructure and services. Visit www.cpuc.ca.gov for more information.

 

 

 

 

ACA 1 going to voters in 2024 will make it easier to pass local special taxes, bonds if approved

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Source: MTC. Credit: Edmond Dantès photo via Pexels

Expected to boost Bay Area housing bond; Cal Chamber opposes; requires majority of voters to approve

By Allen D. Payton

MTC/ABAG-backed Assembly Constitutional Amendment 1, which would lower the vote threshold for local special taxes and bonds to fund affordable housing, transportation, resilience and other public infrastructure projects from two-thirds to 55%, will go to voters in November 2024.

The state Legislature in September approved sending the amendment, authored by Assemblymember Cecilia Aguiar-Curry, to voters with the backing of the entire Bay Area legislative delegation. MTC and ABAG sent letters of support to Sacramento and MTC/ABAG legislative staff actively lobbied the bill to help get it over the finish line.

Similar bills have been proposed over the past two decades but until now none were approved by the house of origin, a hurdle that itself requires a two-thirds vote. Other supporters included Nonprofit Housing Association of Northern California, Enterprise Community Partners, the California Professional Firefighters, and individual cities and counties.

The Bay Area is preparing to place a regional housing bond on the November 2024 ballot, with 80% of funds flowing to counties and several large cities and 20% designated for regionwide programs administered by the Bay Area Housing Finance Authority (BAHFA).

“While Bay Area voters have a long history of generously supporting taxes to fund transportation and housing improvements, measures in some parts of the region have repeatedly fallen short of the two-thirds margin,” MTC-ABAG Executive Director Andrew Fremier noted.  “ACA 1 would reinstate the ability of voting majorities to address vital community needs.”

The election of ACA 1 co-author Robert Rivas to the Assembly speakership helped build momentum for the proposed amendment, as did the nonprofit housing community’s raising of $10 million to gather signatures for a citizen’s initiative if the legislature didn’t approve the amendment.

California Chamber of Commerce Opposes

The constitutional amendment is opposed by the California Chamber of Commerce. In a report by policy advocate Preston Young before it passed, he claims ACA1 would increase costs for key sectors, will erode taxpayer safeguards and would harm California workers.

Preston wrote, “This would provide increased tax authority for many local government agencies in California—not just cities and counties, but thousands of potentially overlapping special districts.

In a letter sent to legislators recently, the CalChamber pointed out that while it’s important to improve infrastructure and increase housing availability, higher property, sales and parcel taxes on working Californians run counter to the goal of making the state more affordable for all.

Businesses engaged in manufacturing, research and development, teleproduction and post-production, and agriculture face a significant sales and use tax burden in California.

The sales and use tax is supposed to be a tax on the final point of sale of a product, yet many businesses—including businesses conducting research and development, manufacturing, filming activities, and agriculture—are taxed for equipment purchases.

Taxation of business inputs for these industries leads to a pyramiding effect throughout the production process, leading to higher costs for purchases made by consumers, the CalChamber explained in its letter. To counter this pyramiding effect and incentivize business growth in the state, California offers a partial state-level sales tax exemption for purchases made by these industries. However, purchases made by these businesses are still subject to local transactions and use taxes.

Equipment purchases represent a significant portion of capital investment for existing businesses and start-ups. Tax increases promoted by ACA 1 would defeat the purpose of the state-level exemption provided by the state and make it more cost-prohibitive to conduct these business activities in California, the CalChamber warned.

ACA 1 would allow local jurisdictions to approve Bradley-Burns sales tax increases with a 55% vote of the electorate, eliminating the uniformity and certainty provided by the Bradley-Burns sales tax.

This would represent a monumental change to sales and use tax policy in the state, the CalChamber said. Unlike the transactions and use tax—which is capped at 2% per county and requires statutory authority to exceed the cap—the local 1.25% sales tax (referred to as the Bradley-Burns sales tax) is uniformly applied across the state and voters are not authorized to approve increases to the rate.

“California already has the highest state-imposed sales tax in the country, and the combined sales tax rates in some jurisdictions are among the highest in the United States,” the CalChamber said. “Allowing localities to modify their Bradley-Burns sales tax rates, without a cap on rate increases, paves the way for excessive combined sales tax rates in parts of the state—increasing costs for residents and businesses.”

More than four decades ago, prompted by years of rising taxes, Californians resoundingly approved Proposition 13 to provide a check on local governments’ taxing authority, and to ensure a greater representative voice for those who would be taxed. Proposition 13 also limits taxes on property to 1% of the property’s assessed value.

Reducing the vote threshold would diminish the people’s voice on tax increases and would erode property tax safeguards. The CalChamber pointed out that a May 2022 Public Policy Institute of California poll found that 64% of registered voters believe Proposition 13 has benefitted taxpayers, and this support reaches across nearly every major demographic.

After comparing the costs of operating in California versus other states, many employers left the state in recent years. A Hoover Institution report found that from 2018 to 2022, at least 352 companies relocated their headquarters out of California—with many businesses citing the state’s tax burden as the deciding factor in their relocation.

The relocation of these companies and their employees to lower-cost states has a major impact on state and local tax revenue, causes unemployment for workers who cannot move to the new location, and is a sign that California must find ways to be more competitive, the CalChamber stressed.

“Tax increases such as those promoted in ACA 1 would be a step in the wrong direction and would encourage more companies to move workers and investments to other states,” the CalChamber said.

Indeed, Californians are sensitive to this problem. A 2020 Berkeley Institute of Governmental Studies poll found that 78% of voters “agreed that taxes in California were already so high that they were driving many people and businesses out of the state.”

Majority Vote Needed to Pass

According to a report by the California Globe,  Article XVIII, Section 4 of the California Constitution, “requires a proposed amendment or revision to be submitted to the electors and, if approved by a majority of votes, takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date.”

Kaiser Permanente Northern California rated highest in state for clinical and mental health care

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California’s Office of the Patient Advocate gives health plan 5 stars for “quality of medical care,” behavioral and mental health care, and other specialty areas

By Antonia Ehlers, PR and Media Relations, Kaiser Permanente Northern California

Kaiser Permanente Northern California’s health plan received the highest rating in the state for providing patients with high-quality clinical care and behavioral and mental health care in the annual Health Care Quality Report Card from California’s Office of the Patient Advocate (OPA).

Kaiser Permanente’s Northern California and Southern California health plans are the only two in the state to receive OPA’s highest rating – 5 stars – for “quality of medical care.”

For the fifth year in a row, Kaiser Permanente Northern and Southern California health plans are the only plans in the state to achieve 5 stars for overall clinical effectiveness in behavioral and mental health care.

“Kaiser Permanente is consistently recognized as a leader in the state for providing our patients and members with exceptional clinical and specialty care, which positively impacts their overall well-being,” Carrie Owen Plietz, FACHE, president of Kaiser Permanente’s Northern California region. “Our clinicians are dedicated to delivering the highest quality care to improve the health of our members, patients, and the communities we serve.”

Kaiser Permanente Northern California also received 5 stars in other specialty care areas including diabetes, cardiac, maternity, and pediatric care. The organization was also rated 5 stars for appropriateness of tests, treatments, and procedures and preventive screenings.

“Our physicians, nurses, and staff work diligently to help ensure that our patients receive the personalized, coordinated care they need to live longer and healthier lives,” said Maria Ansari, MD, FACC, CEO and executive director of The Permanente Medical Group. “These ratings reflect our ongoing commitment to providing our patients and members with comprehensive high-quality care across many specialty areas, which is having a positive and often life-changing impact on their mental, physical, and emotional health.”

The 2023-24 report card provides California consumers with side-by-side comparisons of the 16 largest HMOs and PPOs in the state. It rates health plans on national standard-of-care measures that involve treatment and prevention of a range of conditions that have significant implications for personal health.

The results from OPA concur with the recent Covered California ratings, which recognized Kaiser Permanente as the only health plan in the state to receive a 5-star “Overall Quality Rating”.

Covered California — the state’s marketplace for the Affordable Care Act — also gave Kaiser Permanente 5 stars for  “Members’ Care Experience,”  which is based on patient surveys asking about their recent experiences when visiting the doctor and getting medical care; “Getting the Right Care,” a measure of care that is given, comparing with the national standards for care and treatments proven to help patients; and “Plan Services for Members,” which analyzes a health plan’s efficiency, affordability, and management.

In addition, Kaiser Permanente Northern California’s health plans were also  the highest rated in California — and among the highest in the nation — for overall treatment, prevention and equity, and patient experience by the National Committee for Quality Assurance (NCQA) 2023 Health Plan Ratings.

About Kaiser Permanente

Kaiser Permanente is committed to helping shape the future of health care. We are recognized as one of America’s leading health care providers and not-for-profit health plans. Founded in 1945, Kaiser Permanente has a mission to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve. We currently serve 12.6 million members in 8 states and the District of Columbia. Care for members and patients is focused on their total health and guided by their personal Permanente Medical Group physicians, specialists, and team of caregivers. Our expert and caring medical teams are empowered and supported by industry-leading technology advances and tools for health promotion, disease prevention, state-of-the-art care delivery, and world-class chronic disease management. Kaiser Permanente is dedicated to care innovations, clinical research, health education, and the support of community health. http://about.kaiserpermanente.org

 

Glazer, Grayson request CHP help for Antioch Police Department

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Antioch Councilman Mike Barbanica, State Senator Steve Glazer and Assemblyman Tim Grayson are working to get help from the CHP for the Antioch’s depleted police force.

Send joint letter to Governor seeking aid in addressing public safety crisis amid ongoing police scandal

Follows on Councilman Barbanica’s requests of county police chiefs, CHP, Sheriff for assistance

By Allen D. Payton

In early August, Antioch District 2 City Councilman Mike Barbanica asked the City of Antioch to look into getting more help from both the CHP and the Contra Costa County Sheriff’s Office after sideshows got out of hand.

Earlier this month, Barbanica, Acting City Manager Kwame Reed, Acting Police Chief Joe Vigil and two other police chiefs from the county held a meeting but “Vigil said, ‘we don’t need anything’,” the councilman stated.

“Grayson’s office offered help. The chiefs told Vigil you don’t have enough staffing,” Barbanica continued. “I spoke to the city manager. We have a commitment from the county police chiefs that they are ready to assist and provide personnel. The city manager is putting together a plan, and the police department will get assistance for traffic enforcement.”

“I personally met with the Chiefs of El Cerrito and San Pablo, who are the president and VP of the county chiefs association and they are working with Acting Chief Vigil who has assigned Sgt. Rob Green to work with surrounding agencies and traffic enforcement. I had two meetings with Assemblyman Grayson that were very productive. He has assured any help we need out of Sacramento, cutting red tape, he’ll be happy to help with.”

Following up on Barbanica’s request, according to a press release from State Senator Steve Glazer’s office, he and Assemblymember Tim Grayson sent a joint letter to Governor Gavin Newsom today, Wednesday, October 25, 2023, seeking assistance for the city of Antioch’s police force, decimated by years of FBI and local investigations.

The investigations into Antioch’s police ranks have eroded local officers’ ability to maintain public safety in the city, according to Antioch Mayor Lamar Thorpe in an interview on Senator Glazer’s Podcast, Table Talk.

Senator Glazer also spoke with California Highway Patrol Commissioner Sean Duryee about the public safety crisis and the request.

“The City of Antioch is struggling with public safety right now, and the CHP can help,” Senator Glazer said.

According to the press release by Vivian Bossieux-Skinner, Glazer’s Press Secretary, Mayor Thorpe, a guest on Senator Glazer’s latest episode on his podcast, Table Talk, said, “we have about four or five officers at any given moment patrolling our streets,” in a city of 120,000 people.

Mayor Thorpe said the low numbers of police officers on duty at any given time means police response times can be excessively long depending on the crime being reported. Thorpe said more than half of the 87 city-authorized officers are on leave because of the investigations into the force, leaving just over 40 officers to patrol the city.

“We can use the help because it would drastically reduce time in which an officer can respond to a crime,” said Mayor Thorpe on Table Talk.

These safety concerns were echoed by Mayor Thorpe on Senator Glazer’s Table Talk; the two areas that were decimated as a result of the racist text messaging scandal were traffic and investigations. “And so, it has had real impacts on the community in terms of keeping them safe,” Thorpe said.

California Governor Gavin Newsom has already assigned CHP officers this year to cities that request the help; the City of San Francisco has had CHP assistance in dealing with the Fentanyl crisis since May and Oakland has had CHP help since August in dealing with road-related incidents to give City police officers more time to focus on solving violent crime.

CA Homeland Security Advisor issues statement on security related to Israel, Gaza

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On potential threats in response to Hamas’ call for “Day of Jihad”

SACRAMENTO – In response to Hama’s call for a global “Day of Jihad” on Friday, 13, 2023, the Governor’s Office of Emergency Services Director Nancy Ward, who serves as California’s Homeland Security Advisor, released the following statement yesterday on the efforts underway to protect the well-being of all Californians:

“As California’s Homeland Security Agency, we are actively monitoring the developing situation in Israel and Gaza and closely coordinating with our security partners to track potential impacts on the domestic threat environment.

“The situation remains dynamic and evolving. I continue to actively brief the Governor on the current situation and state intelligence and law enforcement officials are working around the clock to safeguard the safety and security of all Californians.

“We are in touch with faith leaders and communities across the state to provide support, listen to their concerns and offer the full resources of the state.

“While we are aware of statements made about potential threats on Friday, October 13, I want to emphasize that no specific and credible threat to California has been identified at this time.

“As with any potential threats to our state, Cal OES will coordinate with our partners at the local, state and federal level to ensure they have the resources and information necessary to keep our communities safe.

“All Californians have an important role to play in protecting our communities, and I encourage everyone in our state to be alert, vigilant and prepared and immediately report any suspicious activity through proper channels.”

About Cal OES

With over 38 million residents (12 percent of the US population), the State of California is the most populous state in the nation and has the third largest land area among the states (163,695 square miles). California is culturally, ethnically, economically, ecologically, and politically diverse, and maintains the eighth largest economy in the world with 13 percent of the U.S. gross domestic product. California also faces numerous risks and threats to our people, property, economy, environment and is prone to earthquakes, floods, significant wildfires, prolonged drought impacts, public health emergencies, cybersecurity attacks, agricultural and animal disasters, as well threats to homeland security. Cal OES takes a proactive approach to addressing these risks, threats, and vulnerabilities that form the basis of our mission and has been tested through real events, as well as comprehensive exercises that help us maintain our state of readiness to plan for and mitigate impacts.

Allen D. Payton contributed to this report.

 

 

 

Governor signs Glazer’s first-in-nation consumer protection bill

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SB644 allows 24-hour hotel booking cancellations with full refund

By Steven Harmon, Office of State Senator Steve Glazer

SACRAMENTO – Consumers will be able to make cancellations with a full refund, at no charge, up to 24 hours after they make a booking with hotels, short-term rentals and third-party booking services if they book at least 72 hours before their stay under a bill signed Tuesday by Governor Gavin Newsom.

“This first-in-the-nation law will end the confusing maze of misleading cancellation policies for lodging on the Internet,” said Senator Glazer (D-Orinda, CA7), author of the bill, SB 644. “Now, consumers will have a chance to correct mistakes and cancel bookings they hadn’t intended to make and get a full refund.”

According to the California Legislative Information website, the new law reads as follows:

“SEC. 3. CHAPTER  2. Hotel and Private Residence Rental Reservation Refunds

A hosting platform, hotel, third-party booking service, or short-term rental shall allow a reservation for a hotel accommodation or a short-term rental located in California to be canceled without penalty for at least 24 hours after the reservation is confirmed if the reservation is made 72 hours or more before the time of check-in.

1748.82.

(a) If a consumer cancels a reservation pursuant to Section 1748.81, the hosting platform, hotel, third-party booking service, or short-term rental shall issue a refund to a consumer of all amounts paid to the hosting platform, hotel, third-party booking service, or short-term rental to the original form of payment within 30 days of the cancellation of the reservation.

(b) The refund required by this section shall include a refund of all fees charged to the consumer for optional services.”

Glazer represents most of Contra Costa County.

Allen D. Payton contributed to this report.

Amtrak to run discounted trains to 2023 rededication of Col. Allensworth State Historic Park, Oct. 14

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San Joaquins trains will bring visitors to celebrate site unique to California’s African American history

By David Lipari, San Joaquin Joint Powers Authority

Colonel Allensworth State Historic Park is holding a celebratory “re-dedication” event on Saturday, October 14 from 10:00 AM to 4:00 PM. In partnership, Amtrak San Joaquins has scheduled a special stop at the park for multiple trains, bookable at a 50 percent discount rate to bring travelers to the historically significant park.

The town of Allensworth was established in 1908 by Colonel Allen Allensworth and at one point was home to more than 300 families. The park is a California state treasure because it was the first town in California to be founded, financed, and governed by African Americans. Colonel Allensworth State Historic Park became a historical landmark in 1974.

The re-dedication is one of four major annual events hosted by Friends of Allensworth (FOA), a 501(c)(3) charitable organization whose mission is to support, promote, and advance the educational and interpretive activities at colonel Allensworth State Historic Park. According to FOA, the re-dedication is “presented to renew the commitment of the citizens of California to help the Department of Parks and Recreation preserve the history of the ethnically diverse contributions made in the development of the state of California and our nation.”

The festival will feature historical re-enactments, storytelling, square dancing, food vendors, crafts, and more.

“We are thrilled to partner once again with Amtrak San Joaquins to reconnect Californians with the historic town of Allensworth,” stated FOA President, Sasha Biscoe. “As a cornerstone of California’s rich history, Allensworth deserves to be experienced by all. Amtrak San Joaquins continues to provide a convenient, cost-effective, and enjoyable journey to this significant location. Mark your calendars for October 14th to partake in a day of historical immersion, as we recommit to preserving this invaluable site, all while traveling in the comfort and style that only Amtrak San Joaquins can offer.”

The southbound trains that will be running for the event include trains 702, 710, 712, and 714. When purchasing train tickets, a 50 percent discount will automatically be applied to the ticket purchase. Riders can save an additional 50 percent on up to five companion tickets by using the Friends and Family Discount code (V302). Additional discount programs regularly available to riders includes:

  • Infants under 2 years of age ride for free
  • Children 2-12 years old ride half-price every day
  • Seniors (62+ years of age) receive 15% off
  • Veterans & active military members receive 15% off
  • Disabled riders save 10% off

Visitors attending the re-dedication will be able to take Amtrak San Joaquins trains to the Allensworth station. From there, riders will be met by a free shuttle for the short ride to the main property. The Allensworth station is normally a whistle stop on the San Joaquins available to be booked by groups desiring to visit the park.

Train tickets to Colonel Allensworth State Historic Park can be booked online at amtraksanjoaquins.com. For more information on how to book a group trip to Allensworth, please contact Carmen Setness, community outreach coordinator for San Joaquin Regional Rail Commission (SJRRC), at Carmen@sjjpa.com.

About Allensworth State Historic Park

The town of Allensworth is located in the heart of the Central Valley, about 30 miles north of Bakersfield, and has a rich history that is of interest to students, families, history buffs, minority community organizations, and anyone else looking to spend a fun day exploring the historic community and its restored buildings. In 1908, Allensworth was established as a town founded, financed and governed by African Americans. There were a series of challenges impeding the town’s long-term survival, but it is celebrated as a key historic icon, and in 1974 California State Parks purchased the land in order to maintain it as a site for visitors to learn and explore the Colonel’s house, historic schoolhouse, Baptist church, and library.

About the San Joaquin Joint Powers Authority (SJJPA)

Since July 2015, SJJPA has been responsible for the management and administration of Amtrak San Joaquins. SJJPA is governed by Board Members representing each of the ten (10) Member Agencies along the 365-mile San Joaquins Corridor. For more information on SJJPA see www.sjjpa.com.
Amtrak San Joaquins is Amtrak’s 6th busiest route with 18 train stations throughout the Central Valley and Bay Area, providing a safe, comfortable and reliable way to travel throughout California. Amtrak San Joaquins is currently running six daily round-trips. In addition to the train service, Amtrak San Joaquins Thruway buses provide connecting service to 135 destinations in California and Nevada including Los Angeles, Santa Barbara, San Diego, Napa Valley, Las Vegas and Reno.

Coalition calls CA AG’s ballot initiative title, summary false, misleading

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Source: Our Neighborhood Voices

Effort “to bring back a local voice in community planning” co-sponsored by Brentwood Councilwoman

By Daniel Payne, Our Neighborhood Voices

This past week the Our Neighborhood Voices initiative received a title and summary from the office of Attorney General Rob Bonta that is false, misleading and likely to create prejudice against the initiative.

The title and summary provided by Bonta’s office falsely claims that the measure “automatically” overrides the state’s affordable housing laws. It does no such thing. It gives communities the power to shape local growth in a way that better meets affordable housing requirements – and it restores the ability of local communities to negotiate even higher affordable housing rates, which one-size-fits-all laws passed in Sacramento have taken away.

In 2021, Bonta’s own office issued a title and summary for the first draft of this initiative that did not include this misleading language. It correctly stated that the Our Neighborhood Voices initiative would return land-use and zoning decisions back to local communities – instead of forcing top-down mandates on cities that damage neighborhoods and only benefit for-profit developers.

Brentwood District 1 Councilmember Jovita Mendoza is one of the three co-sponsors of the initiative which has been endorsed by the Contra Costa County city councils of Brentwood and Clayton, as well as Oakley Vice Mayor Randy Pope.

In fact, the Our Neighborhood Voices initiative will increase the chances of more affordable housing being built according to the Legislative Analyst’s Office. In their report, the LAO states that the initiative “May enable additional flexibility for affordable housing development.” This is exactly the intent of the initiative – to help local cities choose which state housing laws work best for them and modify them in ways that will make them more successful.

The only substantial changes in the new version of the initiative submitted to Bonta’s office this year was the addition of a provision that exempts 100% affordable housing projects at 80% of AMI, and a repeal of Article 34 of the California Constitution that makes it more difficult to create affordable housing.

Yet Bonta’s office still added the argumentative and prejudicial language that the initiative would “automatically override” affordable housing laws.

“Bonta’s claim that our initiative would ‘automatically override’ affordable housing laws is clearly and provably false,” Brentwood City Councilmember and initiative proponent Jovita Mendoza said. “Our initiative would allow cities to choose where and how new housing projects get built, instead of forcing them to comply with blanket mandates from Sacramento that give for-profit developers a blank check to gentrify and destroy our communities.”

The laws that the Attorney General’s office is apparently referring to are not even correctly called “affordable housing” laws. Sacramento politicians have given developers the ability to override local communities and governments to build luxury housing with affordable requirements so low that these new projects contribute to displacement and gentrification.

A law like SB9, which eliminated single family zoning in California, is being challenged in court because it was passed on the premise that it WILL create affordable housing, but clearly will not. “There is nothing in laws like SB9 that would get us anywhere close to the number of new affordable units that the state says we need,” said Kalimah Priforce, an Emeryville City Councilmember and advocate for BIPOC homeownership. “Instead, we will continue to see projects that are largely unaffordable to most working families, communities of color, or other Californians who need housing most. ‘Trickle down housing’ doesn’t work – and we certainly shouldn’t be relying on debunked theories to guide important housing decisions in our state.”

“Without a fair and accurate title and summary, our initiative cannot go forward on the 2024 ballot,” explained Susan Candell, Lafayette City Councilmember and proponent of the Our Neighborhood Voices initiative. “We are weighing our options to sue, although such a delay will run out the clock for an initiative like ours – which relies on volunteer efforts to qualify. But our fight for local democracy will go forward – and we won’t stop until we restore our right to have a say in the future of our own communities.”

“In fact this politicized attack against our initiative is just further evidence that Sacramento will continue to put developer profits over the needs of our communities – unless we stand up and fight back. And while we focus our efforts on seeing that this misleading language is changed, we will continue to grow our grassroots coalition and fight back for our neighborhood voice,” said Redondo Beach City Councilmember and supporter of the initiative Nils Nehrenheim.

Learn more about the Our Neighborhood Voices coalition and

how you can get involved at www.OurNeighborhoodVoices.com

CA Attorney General announces $49 million settlement with Kaiser for illegal disposal of hazardous & medical waste, patient info

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Kaiser responds

OAKLAND – In partnership with six district attorneys, California Attorney General Rob Bonta on Friday, Sept. 8, announced a settlement with Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals (collectively “Kaiser”) resolving allegations that the healthcare provider unlawfully disposed of hazardous waste, medical waste, and protected health information at Kaiser facilities statewide. As part of the settlement, Kaiser will be liable for a total of $49 million and be required to take significant steps to prevent future unlawful disposals.

“The illegal disposal of hazardous and medical waste puts the environment, workers, and the public at risk. It also violates numerous federal and state laws,” said Bonta. “As a healthcare provider, Kaiser should know that it has specific legal obligations to properly dispose of medical waste and safeguard patients’ medical information. I am pleased that Kaiser has been cooperative with my office and the district attorneys’ offices, and that it took immediate action to address the alleged violations.”

The settlement is the result of undercover inspections conducted by the district attorneys’ offices of dumpsters from 16 different Kaiser facilities. During those inspections, the district attorneys’ offices reviewed the contents of unsecured dumpsters destined for disposal at publicly accessible landfills, finding hundreds of items of hazardous and medical waste (aerosols, cleansers, sanitizers, batteries, electronic wastes, syringes, medical tubing with body fluids, and pharmaceuticals) and over 10,000 paper records containing the information of over 7,700 patients. The California Department of Justice subsequently joined the district attorneys and expanded the investigation of Kaiser’s disposal practices further throughout the state. In response to this joint law enforcement investigation, Kaiser immediately hired a third-party consultant and conducted over 1,100 trash audits at its facilities in an effort to improve compliance. Kaiser also modified its operating procedures to improve its handling, storage, and disposal of waste.

Kaiser is headquartered in Oakland, California and operates over 700 facilities statewide, making it the largest healthcare provider in California. Kaiser provides healthcare to approximately 8.8 million Californians, as well as members of the public who seek emergency care from Kaiser facilities. In announcing the settlement, Attorney General Bonta was joined by the district attorneys of Alameda, San Bernardino, San Francisco, San Joaquin, San Mateo, and Yolo counties.

“As a major corporation in Alameda County, Kaiser Permanente has a special obligation to treat its communities with the same bedside manner as its patients,” said Alameda County District Attorney Pamela Price. “Dumping medical waste and private information are wrong, which they have acknowledged. This action will hold them accountable in such a way that we hope means it doesn’t happen again.”

“I am confident that this case shows the residents of San Bernardino County that our Office will not stand by as hospitals and other medical clinics dispose of medical waste including biohazards, hazardous waste and personal health information into our landfills, jeopardizing medical confidentiality,” said San Bernardino County District Attorney Jason Anderson. “Deputy District Attorney’s Stephanie Weissman and Supervising Deputy District Attorney Doug Poston dedicated years of their time and expertise to ensure the residents of our County are protected from the mishandling of medical waste and Kaiser policies are improved to safeguard the public moving forward.”

“My office takes patient privacy and the protection of the environment very seriously,” said San Francisco District Attorney Brooke Jenkins. “Hazardous waste, medical waste, and confidential patient information must be disposed of properly. When it is not, we will not hesitate to take action. Protecting patient privacy and the environment is just as important as protecting public safety.”

“This resolution further protects the health and safety of the residents of San Joaquin County and the state as a whole,” said San Joaquin County District Attorney Ron Freitas. “The unlawful disposal of hazardous medical waste has no place in this county, or any county, and the mishandling of confidential patient information will not be tolerated. The settlement with Kaiser places the appropriate safeguards to ensure that this never happens again.”

“As the largest healthcare provider in the state, Kaiser has an extraordinary responsibility to the public and to its own patients to ensure that hazardous waste, potentially infectious human waste materials, and highly sensitive patient health information are handled according to state laws and not sent to municipal landfills not equipped to handle those wastes,” said San Mateo County District Attorney Stephen M. Wagstaffe. “Our Environmental Unit continues to work with San Mateo County environmental regulators and colleagues across the state to investigate and prosecute entities that break the law and endanger the environment.”

As part of the settlement, Kaiser:

  • Will pay $47.250 million. That amount includes $37,513,000 in civil penalties; $4,832,000 in attorneys’ fees and costs; and $4,905,000 for supplemental environmental projects, primarily environmental prosecutor training.
  • Must pay an additional $1.75 million in civil penalties if, within 5 years of the entry of the final judgment, Kaiser has not spent $3.5 million at its California facilities to implement enhanced environmental compliance measures to ensure compliance with relevant provisions of the law that are alleged to have been violated.
  • Must retain an independent third-party auditor — approved by the Attorney General’s Office and the district attorneys — who will: perform no less than 520 trash compactor audits at Kaiser’s California facilities to help ensure that regulated wastes (including items containing protected health information) are not unlawfully disposed of; and conduct at least 40 programmatic field audits each year, for a period of five years after entry of the final judgment, to evaluate Kaiser’s compliance with policies and procedures designed to ensure compliance with applicable laws related to hazardous waste, medical waste, and protected health information.

Kaiser’s unlawful disposals are alleged to violate California’s Hazardous Waste Control Law, Medical Waste Management Act, Confidentiality of Medical Information Act, Customer Records Law, and Unfair Competition Law. The disposals are also alleged to violate the federal Health Insurance Portability and Accountability Act of 1996, known as HIPAA.

In 2014, the California Department of Justice filed a lawsuit against Kaiser after it delayed notifying its employees about an unencrypted USB drive that was discovered at a Santa Cruz thrift store. The USB drive contained over 20,000 employee records. Kaiser paid $150,000 in penalties and attorneys’ fees, and agreed to comply with California’s data breach notification law in the future, provide notification of any future breach on a rolling basis, and implement additional training regarding the sensitive nature of employee records. In addition, Kaiser has been the subject of prior enforcement actions by local prosecutors for mismanagement of regulated wastes.

A copy of the complaint and proposed stipulated judgment, which details the aforementioned settlement terms and remains subject to court approval, can be found here and here.

Kaiser Issues Statement in Response

Kaiser responded with the following statement:

“Kaiser Permanente is committed to the health and well-being of our members, patients, employees, physicians, and the communities we serve, which includes proper waste disposal and protecting the confidentiality of member and patient information. Millions of people receive care and support in our hundreds of medical facilities across California each year and we have well-established policies and procedures for disposing of the different kinds of resulting waste items.

About six years ago we became aware of occasions when, contrary to our rigorous policies and procedures, some facilities’ landfill-bound dumpsters included items that should have been disposed of differently. Upon learning of this issue, we immediately completed an extensive auditing effort of the waste stream at our facilities and established mandatory and ongoing training to address the findings. All Kaiser Permanente staff and physicians in California take this required annual training. We also introduced specialized equipment, instructions, and receptacles placed closest to where waste is generated to ensure all types of waste are disposed of properly, and we introduced more environmentally friendly products to enhance our long-standing environmental compliance measures.

We take this matter extremely seriously and have taken full responsibility to acknowledge and, in cooperation with the California Attorney General and county district attorneys, correct our performance regarding landfill-bound trash where it may have fallen short of our standards. We dedicated many hours to identifying and closing gaps to strengthen our regulated waste disposal program and are confident in our ability not only to meet the monitoring and reporting requirements of this settlement, but to comply with the numerous requirements that apply to the different kinds of waste that result from caring for millions of Californians.

In order to address this issue, Kaiser Permanente developed a three-step approach that includes:

  1. Assessment of hospitals, medical office buildings, and other facilities to identify the types of waste generated and to provide the right receptacles so that it is as easy and convenient as possible for our staff and physicians to dispose of waste in the appropriate receptacles;
  2. Worksite rounding to observe disposal techniques and to provide just-in-time training to ensure compliance with proper practices; and
  3. Training, which every employee and physician in California is required to participate in annually, on proper waste disposal processes.

We are not aware of body parts being found at any time during this investigation. There were isolated examples of what appeared to be small amounts of tissue debris.”