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The people of the State of California do enact as follows: SECTION 1. This act shall be known and may be cited as the California Workplace Flexibility Act of 2015. 2016. SEC. 2. The Legislature finds and declares all of the following: (a) California businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit. (b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule. (c) Existing law does not permit a California employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid. (d) As a consequence, large, small, and micro-employers do not have the flexibility to offer their employees the opportunity to take advantage of a flexible work schedule that would benefit the workers and their families. (e) Permitting employees to elect to work four 10-hour days per week without the payment of overtime would allow those employees to spend much-needed time with their families, lessen traffic congestion on our crowded roads and highways, allow workers to spend one day a week on personal matters, such as volunteering at a child’s school, scheduling medical appointments, and attending to other important family matters that often are difficult to schedule with a five-days-per-week, eight-hours-per-day schedule. (f) It is the intent of the Legislature in enacting the California Workplace Flexibility Act of 2015 2016 to protect workers as follows: (1) An employee may not be forced to work more than eight hours in a day without receiving overtime, but, instead, he or she may request a flexible work schedule of up to four 10-hour days per week and the employer may agree to this schedule without having to pay overtime for the 9th and 10th hours worked per day in that schedule. (2) The employer will be required to pay overtime rates after 10 work hours in a day for workers who have chosen a flexible schedule pursuant to this act. (3) The employer will be required to pay double normal pay after 12 work hours in a day for a worker who has chosen a flexible schedule under this act. (4) The worker, including one who chooses a flexible schedule under this act, will receive overtime for any hours worked over 40 hours in a single week. (g) Workplaces that are unionized already allow workers to choose to work four 10-hour days; however, it is virtually impossible for workers of nonunionized workplaces to enjoy this benefit. SEC. 3. Section 510 of the Labor Code is amended to read: 510. (a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. (2) An employee-selected flexible work schedule adopted pursuant to Section 511.5. (3) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. (4) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554. (b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code. (c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law. SEC. 4. Section 511.5 is added to the Labor Code, to read: 511.5. (a) Notwithstanding Section 511 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule. (b) If an employee-selected flexible work schedule is adopted pursuant to subdivision (a), the employer shall pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the workweek shall be paid at double the employee’s regular rate of pay. (c) The employer may inform its employees that it is willing to consider an employee request to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment. (d) The employee or employer may discontinue the employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee. (e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state. (f) This section shall be liberally construed to accomplish its purposes. (g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section. (2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission.

Existing law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, workweek and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 2/3 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. This bill would enact the California Workplace Flexibility Act of 2015. 2016. The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, workweek and would allow the employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday. The bill would prescribe a method for calculating the payment of overtime for hours worked in excess of the permitted amounts and would establish requirements for termination of these agreements. The bill would except from its provisions employees covered by collective bargaining and public employees, as specified. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known and may be cited as the California Workplace Flexibility Act of 2015. 2016. SEC. 2. The Legislature finds and declares all of the following: (a) California businesses and their workers suffer from outdated and inefficient workplace and overtime rules that do not allow for sufficient flexibility for employers and workers to schedule their hours of work for mutual benefit. (b) California overtime laws, which are unique in the country, make it difficult for most employers to reach an agreement with an individual worker that would allow a flexible work schedule. (c) Existing law does not permit a California employer to allow an individual worker to choose a flexible work schedule of four 10-hour days per week without overtime being paid. (d) As a consequence, large, small, and micro-employers do not have the flexibility to offer their employees the opportunity to take advantage of a flexible work schedule that would benefit the workers and their families. (e) Permitting employees to elect to work four 10-hour days per week without the payment of overtime would allow those employees to spend much-needed time with their families, lessen traffic congestion on our crowded roads and highways, allow workers to spend one day a week on personal matters, such as volunteering at a child’s school, scheduling medical appointments, and attending to other important family matters that often are difficult to schedule with a five-days-per-week, eight-hours-per-day schedule. (f) It is the intent of the Legislature in enacting the California Workplace Flexibility Act of 2015 2016 to protect workers as follows: (1) An employee may not be forced to work more than eight hours in a day without receiving overtime, but, instead, he or she may request a flexible work schedule of up to four 10-hour days per week and the employer may agree to this schedule without having to pay overtime for the 9th and 10th hours worked per day in that schedule. (2) The employer will be required to pay overtime rates after 10 work hours in a day for workers who have chosen a flexible schedule pursuant to this act. (3) The employer will be required to pay double normal pay after 12 work hours in a day for a worker who has chosen a flexible schedule under this act. (4) The worker, including one who chooses a flexible schedule under this act, will receive overtime for any hours worked over 40 hours in a single week. (g) Workplaces that are unionized already allow workers to choose to work four 10-hour days; however, it is virtually impossible for workers of nonunionized workplaces to enjoy this benefit. SEC. 3. Section 510 of the Labor Code is amended to read: 510. (a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following: (1) An alternative workweek schedule adopted pursuant to Section 511. (2) An employee-selected flexible work schedule adopted pursuant to Section 511.5. (3) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514. (4) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554. (b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code. (c) This section does not affect, change, or limit an employer’s liability under the workers’ compensation law. SEC. 4. Section 511.5 is added to the Labor Code, to read: 511.5. (a) Notwithstanding Section 511 or any other law or order of the Industrial Welfare Commission, an individual nonexempt employee may work up to 10 hours per workday without any obligation on the part of the employer to pay an overtime rate of compensation, except as provided in subdivision (b), if the employee requests this schedule in writing and the employer approves the request. This shall be referred to as an overtime exemption for an employee-selected flexible work schedule. (b) If an employee-selected flexible work schedule is adopted pursuant to subdivision (a), the employer shall pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is the greater number of hours. All work performed in excess of 12 hours per workday and in excess of eight hours on a fifth, sixth, or seventh day in the workweek shall be paid at double the employee’s regular rate of pay. (c) The employer may inform its employees that it is willing to consider an employee request to work an employee-selected flexible work schedule, but shall not induce a request by promising an employment benefit or threatening an employment detriment. (d) The employee or employer may discontinue the employee-selected flexible work schedule at any time by giving written notice to the other party. The request will be effective the first day of the next pay period or the fifth day after notice is given if there are fewer than five days before the start of the next pay period, unless otherwise agreed to by the employer and the employee. (e) This section does not apply to any employee covered by a valid collective bargaining agreement or employed by the state, a city, county, city and county, district, municipality, or other public, quasi-public, or municipal corporation, or any political subdivision of this state. (f) This section shall be liberally construed to accomplish its purposes. (g) (1) The Division of Labor Standards Enforcement shall enforce this section and shall adopt or revise regulations in a manner necessary to conform and implement this section. (2) This section shall prevail over any inconsistent provisions in any wage order of the Industrial Welfare Commission. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 120440 of the Health and Safety Code is amended to read: 120440. (a) For the purposes of this chapter, the following definitions shall apply: (1) “Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200). (2) “Schools, child care facilities, and family child care homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients. (3) “WIC service provider” means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Food Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106. (4) “Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients. (5) “County welfare department” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code. (6) “Foster care agency” means any of the county and state social services agencies providing foster care services in California. (7) “Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration. (b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners: (A) Separately within their individual jurisdictions. (B) Jointly among more than one jurisdiction. (2) Nothing in this subdivision shall preclude local health officers from sharing the information set forth in paragraphs (1) to (10), (12), inclusive, of subdivision (c) with other health officers jointly operating the system. (c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other provision of law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose the information set forth in paragraphs (1) to (10), (12), inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to (10), (12), inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9) and (10) to (12), inclusive , to schools, child care facilities, county welfare departments, and family child care homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county welfare departments assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision: (1) The name of the patient or client and names of the parents or guardians of the patient or client. (2) Date of birth of the patient or client. (3) Types and dates of immunizations received by the patient or client. (4) Manufacturer and lot number for each immunization received. (5) Adverse reaction to immunizations received. (6) Other nonmedical information necessary to establish the patient’s or client’s unique identity and record. (7) Results of tuberculosis screening. (8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client. (9) Patient’s or client’s gender. (10) Patient’s or client’s place of birth. (11) Patient’s height, weight, and body mass index. (12) Other patient or client information of public health importance as determined by the State Department of Public Health in consultation with the California Conference of Local Health Officers. (d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes: (A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due. (B) To provide or facilitate provision of third-party payer payments for immunizations. (C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations. (D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (2) Schools, child care facilities, family child care homes, WIC service providers, foster care agencies, county welfare departments, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows: (A) In the case of schools, child care facilities, family child care homes, and county welfare departments, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code. (B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers. (C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations. (D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers. (e) A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following: (1) The information listed in subdivision (c) may be shared with local health departments and the State Department of Public Health. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information. (2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, child care facilities, family child care homes, WIC service providers, county welfare departments, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d). (3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared in this manner and to correct any errors in it. (4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared in the manner described, or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. (f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing must include a reasonable means for refusal, such as a return form or contact telephone number. (2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client. (g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d). (h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following: (A) Provide the name and address of other persons or agencies with whom the recipient has shared the information. (B) Stop sharing the information in its possession after the date of the receipt of the request. (2) After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. (i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included. (j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section. (2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing. (3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing. (k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following: (1) Providing department records containing information about publicly funded immunizations. (2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans. (l) Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information may not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e).

Existing law regulates the sharing of a patient’s or client’s immunization information between a health care provider, a local health department, the State Department of Public Health, and other agencies. Existing law prescribes the process by which a patient or client, or parent or guardian of a patient or client, may refuse to allow the information to be shared and requires the health care provider administering the immunization to provide the patient with a designated notice. Existing law permits local health departments and the department to share the name of a patient or client, or parent or guardian of a patient or client, with a state, local health department, health care provider, immunization information system, or any representative of an entity designated by federal or state law to receive this information, and authorizes the department to enter into written agreements to share this information with other states for specified purposes, unless the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared. Under existing law, the patient or client, or parent or guardian of the patient or client, has the right to examine shared immunization-related information and to correct errors in it. Under existing law, unless the patient or client or patient’s or client’s parent or guardian, refuses the recordsharing of information, health care providers and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose, to local health departments operating countywide or regional immunization information and reminder systems and the department, specified information, including, but not limited to, the name, date of birth, gender, and birthplace of a patient or client. This bill would include the patient’s or client’s height, weight, and body mass index, and other patient or client information of public health importance as determined by the department, in consultation with the California Conference of Local Health Officers, in the list of information that may be shared.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 120440 of the Health and Safety Code is amended to read: 120440. (a) For the purposes of this chapter, the following definitions shall apply: (1) “Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200). (2) “Schools, child care facilities, and family child care homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients. (3) “WIC service provider” means any public or private nonprofit agency contracting with the department to provide services under the California Special Supplemental Food Program for Women, Infants, and Children, as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106. (4) “Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients. (5) “County welfare department” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with Section 11200.5) of Part 3 of Division 9 of the Welfare and Institutions Code. (6) “Foster care agency” means any of the county and state social services agencies providing foster care services in California. (7) “Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration. (b) (1) Local health officers may operate immunization information systems pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners: (A) Separately within their individual jurisdictions. (B) Jointly among more than one jurisdiction. (2) Nothing in this subdivision shall preclude local health officers from sharing the information set forth in paragraphs (1) to (10), (12), inclusive, of subdivision (c) with other health officers jointly operating the system. (c) Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other provision of law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, child care facilities, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments, may disclose the information set forth in paragraphs (1) to (10), (12), inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to (10), (12), inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient. Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9) and (10) to (12), inclusive , to schools, child care facilities, county welfare departments, and family child care homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county welfare departments assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision: (1) The name of the patient or client and names of the parents or guardians of the patient or client. (2) Date of birth of the patient or client. (3) Types and dates of immunizations received by the patient or client. (4) Manufacturer and lot number for each immunization received. (5) Adverse reaction to immunizations received. (6) Other nonmedical information necessary to establish the patient’s or client’s unique identity and record. (7) Results of tuberculosis screening. (8) Current address and telephone number of the patient or client and the parents or guardians of the patient or client. (9) Patient’s or client’s gender. (10) Patient’s or client’s place of birth. (11) Patient’s height, weight, and body mass index. (12) Other patient or client information of public health importance as determined by the State Department of Public Health in consultation with the California Conference of Local Health Officers. (d) (1) Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes: (A) To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due. (B) To provide or facilitate provision of third-party payer payments for immunizations. (C) To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California, without identifying information for these patients or clients included in these groups or populations. (D) In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (2) Schools, child care facilities, family child care homes, WIC service providers, foster care agencies, county welfare departments, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c), in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as follows: (A) In the case of schools, child care facilities, family child care homes, and county welfare departments, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325), and in Section 11265.8 of the Welfare and Institutions Code. (B) In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers. (C) In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying information in these tabulations. (D) In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers. (e) A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following: (1) The information listed in subdivision (c) may be shared with local health departments and the State Department of Public Health. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information. (2) Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other, and, upon request, with health care providers, schools, child care facilities, family child care homes, WIC service providers, county welfare departments, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential, and shall use it only as described in subdivision (d). (3) The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared in this manner and to correct any errors in it. (4) The patient or client, or the parent or guardian of the patient or client, may refuse to allow this information to be shared in the manner described, or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. (f) (1) The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c), may inform the patient or client, or the parent or guardian of the patient or client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing must include a reasonable means for refusal, such as a return form or contact telephone number. (2) The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client. (g) If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d). (h) (1) Upon request of the patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following: (A) Provide the name and address of other persons or agencies with whom the recipient has shared the information. (B) Stop sharing the information in its possession after the date of the receipt of the request. (2) After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations. (i) Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included. (j) (1) Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section. (2) For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing. (3) For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing. (k) For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch of the State Department of Public Health in both of the following: (1) Providing department records containing information about publicly funded immunizations. (2) Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans. (l) Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by federal or state law or regulation to receive this information. The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, child care and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information may not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. In consideration of the diminished numbers of full-time faculty in the community college system due to the state recession and the concomitant budget cuts in public education generally and community colleges specifically, it is the intent of the Legislature to improve and enhance the mission of the community colleges and the services and opportunities provided to students by increasing the number of full-time faculty in the California Community Colleges to better situate the community colleges to realize their mission goals and the goals and recommendations set forth by the Student Success Task Force report of 2012. SEC. 2. Section 84362.5 is added to the Education Code, to read: 84362.5. (a) This section shall be known, and may be cited, as the Community College Excellence in Education Act. (b) All districts shall report to the board of governors, by March 31, 2016, the total number of classroom and nonclassroom full-time equivalent faculty (FTEF) positions staffed by faculty teaching overload assignments attributable to hours worked by part-time temporary faculty, and by contract or regular faculty while working on overload assignments, during the period of July 1, 2014, to June 30, 2015, inclusive. (c) Effective July 1, 2016, each district’s calculation pursuant to subdivision (b) shall become that district’s maximum allowable number of classroom and nonclassroom FTEF positions that may be staffed by faculty teaching overload assignments part-time temporary faculty and by contract or regular faculty while working on overload assignments until the district’s full-time faculty percentage, as calculated pursuant to Section 53308 of Title 5 of the California Code of Regulations, is greater than or equal to 75 percent. (d) Upon reaching the 75-percent threshold pursuant to subdivision (c), a district shall do either of the following: (1) Maintain a full-time faculty percentage of 75 percent or greater. (2) Not exceed its maximum allowable number of classroom and nonclassroom FTEF positions that may be staffed by faculty teaching overload assignments, as part-time temporary faculty and by contract or regular faculty while working on overload assignments, which shall be the number calculated pursuant to subdivision (b). (e) (1) The board of governors shall determine whether a district failed to comply with subdivision (b), (c), or (d) during the preceding fiscal year, and, if so, shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the district’s apportionment or apportionments that is equal to the difference between the current fiscal year apportionment or apportionments and the lesser of the district’s apportionment for the 2014–15 fiscal year or for the preceding fiscal year. (2) The amount designated pursuant to paragraph (1) shall be deposited in the county treasury to the credit of the district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors pursuant to subdivision (g). (f) (1) If it appears to the governing board of a district that the application of this section will result in a serious hardship to the district, the governing board of the district may apply in writing to the board of governors for exemption from the requirements of this section by no later than September 15 of the fiscal year immediately succeeding the serious hardship. (2) Immediately upon applying for an exemption described in paragraph (1), the governing board of the district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or community college academic senate, and all academic employee organizations eligible for a payroll dues deduction, with a copy of the application. Those persons may, within 30 days of receipt of the application, transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition. (g) Upon receipt of the application and statement of opposition, if any, described in subdivision (f), the board of governors shall do either of the following: (1) Grant the district an exemption for any amount that is less than one thousand dollars ($1,000), which shall be immediately available for expenditure by the governing board. (2) Grant an exemption of one thousand dollars ($1,000) or more if a majority of the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship unless the district is granted an exemption. If the exemption is granted, the exempted amount shall be immediately available for expenditure by the governing board of the district. (h) If no application for exemption is made pursuant to subdivision (f), or a portion of the exemption is denied, the board of governors shall order the entire designated amount, or the amount not exempted, as applicable, to be returned to the State School Fund. (i) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations, which may require, among other things, district governing boards to submit reports and information throughout the academic year. (j) A district shall not assign a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person has achieved tenured status as a full-time regular faculty member. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law authorizes the employment of community college faculty and establishes certain rights for these employees. This bill would require community college districts to report to the board of governors, by March 31, 2016, the total number of full-time equivalent faculty (FTEF) positions staffed by faculty teaching overload assignments attributable to part-time temporary faculty and to contract or regular faculty while working on overload assignments during the period of July 1, 2014, to June 30, 2015, inclusive. Effective July 1, 2016, the bill would require that reported number to become that district’s maximum allowable number of FTEF positions that may be staffed by faculty teaching overload assignments part-time temporary faculty and by contract or regular faculty while working on overload assignments until the district’s full-time faculty percentage is greater than or equal to 75%. Upon reaching the 75% threshold, the bill would require a district to maintain a full-time faculty percentage of 75% or higher, or not exceed the district’s previously calculated maximum allowable number of FTEF positions that may be staffed by faculty teaching overload assignments. part-time temporary faculty and by contract or regular faculty while working on overload assignments. The bill would require the governing board to determine if a district has failed to comply with the above requirements, and, if so, to designate a specified amount of the district’s apportionment or apportionments that would be required to be deposited in the county treasury, but unavailable to the district. The bill would authorize a district to submit an application for an exemption from the requirements of the bill in cases of serious hardship, as specified. Upon receipt of the exemption application, the bill would require the governing board to grant exemptions, as specified. The bill would require the amount exempted to be immediately available for expenditure by the governing board and the amount not exempted to be returned to the State School Fund. The bill would require the board of governors to enforce the requirements of the bill and would authorize them to adopt necessary rules and regulations. This bill would prohibit a district from assigning a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person achieves tenured status as a full-time regular faculty member. By placing additional requirements on community college districts, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. In consideration of the diminished numbers of full-time faculty in the community college system due to the state recession and the concomitant budget cuts in public education generally and community colleges specifically, it is the intent of the Legislature to improve and enhance the mission of the community colleges and the services and opportunities provided to students by increasing the number of full-time faculty in the California Community Colleges to better situate the community colleges to realize their mission goals and the goals and recommendations set forth by the Student Success Task Force report of 2012. SEC. 2. Section 84362.5 is added to the Education Code, to read: 84362.5. (a) This section shall be known, and may be cited, as the Community College Excellence in Education Act. (b) All districts shall report to the board of governors, by March 31, 2016, the total number of classroom and nonclassroom full-time equivalent faculty (FTEF) positions staffed by faculty teaching overload assignments attributable to hours worked by part-time temporary faculty, and by contract or regular faculty while working on overload assignments, during the period of July 1, 2014, to June 30, 2015, inclusive. (c) Effective July 1, 2016, each district’s calculation pursuant to subdivision (b) shall become that district’s maximum allowable number of classroom and nonclassroom FTEF positions that may be staffed by faculty teaching overload assignments part-time temporary faculty and by contract or regular faculty while working on overload assignments until the district’s full-time faculty percentage, as calculated pursuant to Section 53308 of Title 5 of the California Code of Regulations, is greater than or equal to 75 percent. (d) Upon reaching the 75-percent threshold pursuant to subdivision (c), a district shall do either of the following: (1) Maintain a full-time faculty percentage of 75 percent or greater. (2) Not exceed its maximum allowable number of classroom and nonclassroom FTEF positions that may be staffed by faculty teaching overload assignments, as part-time temporary faculty and by contract or regular faculty while working on overload assignments, which shall be the number calculated pursuant to subdivision (b). (e) (1) The board of governors shall determine whether a district failed to comply with subdivision (b), (c), or (d) during the preceding fiscal year, and, if so, shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the district’s apportionment or apportionments that is equal to the difference between the current fiscal year apportionment or apportionments and the lesser of the district’s apportionment for the 2014–15 fiscal year or for the preceding fiscal year. (2) The amount designated pursuant to paragraph (1) shall be deposited in the county treasury to the credit of the district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors pursuant to subdivision (g). (f) (1) If it appears to the governing board of a district that the application of this section will result in a serious hardship to the district, the governing board of the district may apply in writing to the board of governors for exemption from the requirements of this section by no later than September 15 of the fiscal year immediately succeeding the serious hardship. (2) Immediately upon applying for an exemption described in paragraph (1), the governing board of the district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or community college academic senate, and all academic employee organizations eligible for a payroll dues deduction, with a copy of the application. Those persons may, within 30 days of receipt of the application, transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition. (g) Upon receipt of the application and statement of opposition, if any, described in subdivision (f), the board of governors shall do either of the following: (1) Grant the district an exemption for any amount that is less than one thousand dollars ($1,000), which shall be immediately available for expenditure by the governing board. (2) Grant an exemption of one thousand dollars ($1,000) or more if a majority of the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship unless the district is granted an exemption. If the exemption is granted, the exempted amount shall be immediately available for expenditure by the governing board of the district. (h) If no application for exemption is made pursuant to subdivision (f), or a portion of the exemption is denied, the board of governors shall order the entire designated amount, or the amount not exempted, as applicable, to be returned to the State School Fund. (i) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations, which may require, among other things, district governing boards to submit reports and information throughout the academic year. (j) A district shall not assign a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person has achieved tenured status as a full-time regular faculty member. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 20209.14 of the Public Contract Code is amended to read: 20209.14. (a) This article shall remain in effect only until January 1, 2017, and as of that date is repealed. (b) This article shall only apply to transit operators that begin a project solicitation before January 1, 2015. A transit operator that begins a project solicitation on or after January 1, 2015, is subject to Chapter 4 (commencing with Section 22160). SEC. 2. Section 22161 of the Public Contract Code is amended to read: 22161. For purposes of this chapter, the following definitions apply: (a) “Best value” means a value determined by evaluation of objective criteria that may include, but not be limited to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors. (b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. (e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (f) “Local agency” means the following: (1) A city, county, or city and county. (2) A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities. (3) Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects. (4) The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code). (g) (1) For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, “project” also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities. (2) For a local agency defined in paragraph (2) of subdivision (f), “project” means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities. (3) For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction or local street and road projects. (4) For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the San Diego Association of Governments’ unique responsibilities as the consolidated transportation agency with capital project implementation responsibilities, which include design and construction of transit infrastructure, and to bring the San Diego Association of Governments into alignment with existing authority held by other agencies with transit development responsibilities. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law authorizes local agencies to use the design-build method of project delivery for specified projects, except for projects on the state highway system. Existing law defines “local agency” for purposes of these provisions as cities and counties, certain special districts relating to wastewater, solid waste, water recycling, and fire protection facilities, joint powers authorities formed to provide transit service, and specified types of local public entities responsible for the construction of transit projects. These provisions further define “project” specifically for each category of local agency. Existing law requires specified information submitted by a design-build entity, as defined, in the design-build procurement process to be certified under penalty of perjury. This bill would specify that the definition of a local agency authorized to use the design-build method of project delivery includes the San Diego Association of Governments. The bill would define projects, as it pertains to the San Diego Association of Governments, to include development projects adjacent, or physically or functionally related, to transit facilities developed by the association. By expanding the design-build authorization of the San Diego Association of Governments to additional development projects, the bill would expand the scope of crime of perjury and would impose a state-mandated local program. This bill also makes a technical correction to a cross-reference. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego Association of Governments. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 20209.14 of the Public Contract Code is amended to read: 20209.14. (a) This article shall remain in effect only until January 1, 2017, and as of that date is repealed. (b) This article shall only apply to transit operators that begin a project solicitation before January 1, 2015. A transit operator that begins a project solicitation on or after January 1, 2015, is subject to Chapter 4 (commencing with Section 22160). SEC. 2. Section 22161 of the Public Contract Code is amended to read: 22161. For purposes of this chapter, the following definitions apply: (a) “Best value” means a value determined by evaluation of objective criteria that may include, but not be limited to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring agency, or a tradeoff between price and other specified factors. (b) “Construction subcontract” means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. (e) “Design-build team” means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (f) “Local agency” means the following: (1) A city, county, or city and county. (2) A special district that operates wastewater facilities, solid waste management facilities, water recycling facilities, or fire protection facilities. (3) Any transit district, included transit district, municipal operator, included municipal operator, any consolidated agency, as described in Section 132353.1 of the Public Utilities Code, any joint powers authority formed to provide transit service, any county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or any other local or regional agency, responsible for the construction of transit projects. (4) The San Diego Association of Governments, as referenced in the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code). (g) (1) For a local agency defined in paragraph (1) of subdivision (f), “project” means the construction of a building or buildings and improvements directly related to the construction of a building or buildings, county sanitation wastewater treatment facilities, and park and recreational facilities, but does not include the construction of other infrastructure, including, but not limited to, streets and highways, public rail transit, or water resources facilities and infrastructure. For a local agency defined in paragraph (1) of subdivision (f) that operates wastewater facilities, solid waste management facilities, or water recycling facilities, “project” also means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, or regional and local water recycling facilities. (2) For a local agency defined in paragraph (2) of subdivision (f), “project” means the construction of regional and local wastewater treatment facilities, regional and local solid waste facilities, regional and local water recycling facilities, or fire protection facilities. (3) For a local agency defined in paragraph (3) of subdivision (f), “project” means a transit capital project that begins a project solicitation on or after January 1, 2015. A “project,” as defined by this paragraph, that begins the solicitation process before January 1, 2015, is subject to Article 6.8 (commencing with Section 20209.5) of Chapter 1. “Project,” as defined by this paragraph, does not include state highway construction or local street and road projects. (4) For a local agency defined in paragraph (4) of subdivision (f), “project” has the same meaning as in paragraph (3), and in addition shall include development projects adjacent, or physically or functionally related, to transit facilities developed or jointly developed by the local agency. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the San Diego Association of Governments’ unique responsibilities as the consolidated transportation agency with capital project implementation responsibilities, which include design and construction of transit infrastructure, and to bring the San Diego Association of Governments into alignment with existing authority held by other agencies with transit development responsibilities. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 12206.1 is added to the Revenue and Taxation Code, to read: 12206.1. (a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 12206, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (2) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (b) (1) For a project that receives a preliminary reservation under Section 12206 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 12206 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: (A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. (B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 12206 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 12206” means a taxpayer that is allowed the credit under Section 12206 without regard to the purchase of a credit pursuant to this subdivision. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. (B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. (ii) All or any portion of any credit allowed under Section 12206 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 12206 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (5) A taxpayer shall not sell a credit allowed by Section 12206 if the taxpayer was allowed the credit on any tax return of the taxpayer. (6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 12206 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. (c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. SEC. 2. Section 17058.1 is added to the Revenue and Taxation Code, to read: 17058.1. (a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 17058, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (2) To the extent the allocation of the credit to a partner under Section 17058 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). (3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (b) (1) For a project that receives a preliminary reservation under Section 17058 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 17058 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: (A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. (B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 17058 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 17058” means a taxpayer that is allowed the credit under Section 17058 without regard to the purchase of a credit pursuant to this subdivision. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. (B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. (ii) All or any portion of any credit allowed under Section 17058 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 17058 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (5) A taxpayer shall not sell a credit allowed by Section 17058 if the taxpayer was allowed the credit on any tax return of the taxpayer. (6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 17058 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. (c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. SEC. 3. Section 23610.7 is added to the Revenue and Taxation Code, to read: 23610.7. (a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 23610.5, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (2) To the extent the allocation of the credit to a partner under Section 23610.5 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). (3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (b) (1) For a project that receives a preliminary reservation under Section 23610.5 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 23610.5 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: (A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. (B) (i) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 23610.5 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. (ii) For purposes of this subparagraph, “taxpayer allowed the credit under Section 23610.5” means a taxpayer that is allowed the credit under Section 23610.5 without regard to any of the following: (I) The purchase of a credit under Section 23610.5 pursuant to this subdivision. (II) The assignment of a credit under Section 23610.5 pursuant to subdivision (q) of Section 23610.5. (III) The assignment of a credit under Section 23610.5 pursuant to Section 23363. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. (B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. (ii) All or any portion of any credit allowed under Section 23610.5 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 23610.5 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (5) A taxpayer shall not sell a credit allowed by Section 23610.5 if the taxpayer was allowed the credit on any tax return of the taxpayer. (6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 23610.5 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. (c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. SEC. 4. (a) The California Tax Credit Allocation Committee shall enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in the administration of Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code as added by this act. (b) (1) The California Tax Credit Allocation Committee shall report to the Legislature as follows: (A) On or before January 1, 2021, for calendar years 2016 to 2019, inclusive, the total amounts of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. (B) On or before January 1, 2025, for calendar years 2016 to 2023, inclusive, the total of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. (2) The reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. SEC. 5. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation of state insurance, income, and corporation tax credit amounts among low-income housing projects based on federal law. This bill, beginning on or after January 1, 2016, and before January 1, 2026, would allow a taxpayer that is allowed a low-income housing tax credit to elect to sell all or a portion of that credit to one or more unrelated parties, as described, for each taxable year in which the credit is allowed for not less than 80% of the amount of the credit to be sold, and would provide for the one-time resale of that credit, as provided. The bill would require the California Tax Credit Allocation Committee to enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in administering these provisions. The bill would require the California Tax Credit Allocation Committee to report to the Legislature on the total amounts of credits allowed to, and sold by, taxpayers pursuant to these provisions, as specified. Existing law, in the case of a partnership, requires the allocation of the credits, on or after January 1, 2009, and before January 1, 2016, to partners based upon the partnership agreement, regardless of how the federal low-income housing tax credit, as provided, is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, as specified. This bill would extend these provisions indefinitely. This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 12206.1 is added to the Revenue and Taxation Code, to read: 12206.1. (a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 12206, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (2) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (b) (1) For a project that receives a preliminary reservation under Section 12206 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 12206 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: (A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. (B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 12206 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 12206” means a taxpayer that is allowed the credit under Section 12206 without regard to the purchase of a credit pursuant to this subdivision. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. (B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. (ii) All or any portion of any credit allowed under Section 12206 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 12206 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (5) A taxpayer shall not sell a credit allowed by Section 12206 if the taxpayer was allowed the credit on any tax return of the taxpayer. (6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 12206 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. (c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. SEC. 2. Section 17058.1 is added to the Revenue and Taxation Code, to read: 17058.1. (a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 17058, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (2) To the extent the allocation of the credit to a partner under Section 17058 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). (3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (b) (1) For a project that receives a preliminary reservation under Section 17058 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 17058 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: (A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. (B) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 17058 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. For purposes of this subparagraph, “taxpayer allowed the credit under Section 17058” means a taxpayer that is allowed the credit under Section 17058 without regard to the purchase of a credit pursuant to this subdivision. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. (B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. (ii) All or any portion of any credit allowed under Section 17058 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 17058 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (5) A taxpayer shall not sell a credit allowed by Section 17058 if the taxpayer was allowed the credit on any tax return of the taxpayer. (6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 17058 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. (c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. SEC. 3. Section 23610.7 is added to the Revenue and Taxation Code, to read: 23610.7. (a) (1) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a) of Section 23610.5, on or after January 1, 2016, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share. (2) To the extent the allocation of the credit to a partner under Section 23610.5 lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in paragraph (1). (3) This subdivision shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits. (b) (1) For a project that receives a preliminary reservation under Section 23610.5 beginning on or after January 1, 2016, and before January 1, 2026, a taxpayer may make an irrevocable election in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under Section 23610.5 to one or more unrelated parties for each taxable year in which the credit is allowed subject to both of the following conditions: (A) The credit is sold for consideration that is not less than 80 percent of the amount of the credit. (B) (i) The unrelated party or parties purchasing any or all of the credit pursuant to this subdivision is a taxpayer allowed the credit under Section 23610.5 for the taxable year of the purchase or any prior taxable year or is a taxpayer allowed the federal credit under Section 42 of the Internal Revenue Code, relating to low-income housing credit, for the taxable year of the purchase or any prior taxable year in connection with any project located in this state. (ii) For purposes of this subparagraph, “taxpayer allowed the credit under Section 23610.5” means a taxpayer that is allowed the credit under Section 23610.5 without regard to any of the following: (I) The purchase of a credit under Section 23610.5 pursuant to this subdivision. (II) The assignment of a credit under Section 23610.5 pursuant to subdivision (q) of Section 23610.5. (III) The assignment of a credit under Section 23610.5 pursuant to Section 23363. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit. (B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision. (3) (A) A credit may be sold pursuant to this subdivision to more than one unrelated party. (B) (i) Except as provided in clause (ii), a credit shall not be resold by the unrelated party to another taxpayer or other party. (ii) All or any portion of any credit allowed under Section 23610.5 may be resold once by an original purchaser to one or more unrelated parties, subject to all of the requirements of this subdivision. (4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by Section 23610.5 with respect to the credit, none of which shall apply to any party to whom the credit has been sold or subsequently transferred. Parties who purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them. (5) A taxpayer shall not sell a credit allowed by Section 23610.5 if the taxpayer was allowed the credit on any tax return of the taxpayer. (6) Notwithstanding paragraph (1), the taxpayer, with the approval of the Executive Director of the California Tax Credit Allocation Committee, may rescind the election to sell all or any portion of the credit allowed under Section 23610.5 if the consideration for the credit falls below 80 percent of the amount of the credit after the California Tax Credit Allocation Committee reservation. (c) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section. SEC. 4. (a) The California Tax Credit Allocation Committee shall enter into an agreement with the Franchise Tax Board to pay any costs incurred by the Franchise Tax Board in the administration of Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code as added by this act. (b) (1) The California Tax Credit Allocation Committee shall report to the Legislature as follows: (A) On or before January 1, 2021, for calendar years 2016 to 2019, inclusive, the total amounts of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. (B) On or before January 1, 2025, for calendar years 2016 to 2023, inclusive, the total of credits allowed to, and sold by, taxpayers pursuant to Sections 12206.1, 17058.1, and 23610.7 of the Revenue and Taxation Code, including a separate accounting of credits sold to original purchasers by the original investors and credits resold by the original purchasers to secondary purchasers. (2) The reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. SEC. 5. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 3217 is added to the Public Resources Code, to read: 3217. (a) (1) The supervisor shall continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed and the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, and the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements, as specified in Section 3106, is satisfied. The supervisor may not lift the prohibition on injection until the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. (2) For purposes of this section, “facility” means the Aliso Canyon natural gas storage facility located in the County of Los Angeles operated by Southern California Gas Company. (b) (1) The criteria for the gas storage well comprehensive safety review shall be determined by the supervisor with input from contracted independent experts and shall include the steps in subdivision (c). (2) The supervisor shall direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. This requirement may be satisfied by the independent experts reviewing and, if necessary, revising the division’s written methodology for assessing the tests and inspections specified in the criteria. The methodology shall include all tests and inspections required by the criteria. The division shall post the methodology online on a public portion of its Internet Web site. (c) The gas storage well comprehensive safety review shall include the following steps to ensure external and internal well mechanical integrity: (1) All gas storage wells shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to detect existing leaks using temperature and noise logs. (2) Any leaks shall be stopped and remediated to the satisfaction of the supervisor. (3) Following remediation, leak detection tests shall be repeated and results reviewed by the supervisor. (4) (A) Unless a well has been fully plugged and abandoned to the supervisor’s satisfaction and in accordance with Section 3208, the well shall be evaluated and remediated in accordance with subparagraph (B) or plugged in accordance with subparagraph (C). (B) If a gas storage well is intended to return to service for the purposes of resuming injections to the facility, it shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to ensure mechanical integrity. As identified in the division’s criteria, these tests and inspections shall include the measurement of casing thickness and integrity, an evaluation of the cement bond on the casing, the determination as to whether any deformities in the well casing exist, and an evaluation of the well’s ability to withstand pressures that exceed maximum allowable injection and production pressures, with a reasonable margin for safety, at the facility in accordance with the criteria determined by the supervisor with input from independent experts pursuant to subdivision (b). If the tests reveal that a well poses a risk of failure, the supervisor shall require remediation and repeat tests as necessary to demonstrate to the satisfaction of the supervisor that remediation has mitigated any potential identified risks. If the operator cannot remediate the well to mitigate the identified risks to the satisfaction of the supervisor, the well shall be plugged and abandoned in accordance with Section 3208. (C) (i) If a well is to be taken out of service before resumption of gas injections at the facility, it shall be removed from operation and isolated from the gas storage reservoir through plugging according to the division’s criteria, including, but not limited to, the demonstration of sufficient cement to prevent migrations between the reservoir and other zones, placement of a mechanical plug at the bottom of the well, and subsequent filling of the well with fluid, and to specifications approved by the supervisor. All gas storage wells that are taken out of service under this subparagraph shall be subjected to ongoing testing and monitoring requirements identified in the criteria determined by the supervisor with input from independent experts. The monitoring shall include, but not be limited to, real-time and daily pressure monitoring, as applicable. A gas storage well shall not be returned to service unless the testing and remediation required under subparagraph (B) has been completed. (ii) A gas storage well, within one year of being plugged and isolated from the gas storage reservoir pursuant to clause (i), shall either be returned to service by satisfactorily completing the testing and remediation required under subparagraph (B) or be permanently plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. (D) The supervisor shall make a written finding for each gas storage well that has satisfactorily completed the testing and remediation required under subparagraph (B). (5) The gas storage well comprehensive safety review is not complete until every gas storage well at the facility has completed the testing and remediation required under subparagraph (B) of paragraph (4), been temporarily abandoned and isolated from the reservoir as required under clause (i) of subparagraph (C) of paragraph (4), or been fully plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. (d) Upon completion of the gas storage well comprehensive safety review but before authorizing the commencement of injections at the facility, the division shall hold at least one duly noticed public meeting in the affected community to provide the public an opportunity to comment on the safety review findings and on the proposed pressure limit as provided in subdivision (e). (e) (1) Before commencing injections at the facility, the operator of the facility shall provide the division with the proposed maximum reservoir pressure and include data and calculations supporting the basis for the pressure limit. The pressure limit shall account for the pressure required to inject intended gas volumes at all proposed inventory levels and the pressure limit shall not exceed the design pressure limits of the reservoir, wells, wellheads, piping, or associated facilities with an appropriate margin for safety. (2) The operator’s proposed maximum reservoir pressure shall be subject to review and approval by the supervisor, and the supervisor shall consult with independent experts regarding the appropriate maximum and minimum reservoir pressure at the facility. (f) Once the gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c), the supervisor has approved the maximum and minimum reservoir pressure pursuant to paragraph (2) of subdivision (e), and the public hearing is held pursuant to subdivision (d), the supervisor may allow injections of natural gas at the facility. (g) All gas storage wells returning to service pursuant to subdivision (f) shall only inject or produce gas through the interior metal tubing and not through the annulus between the tubing and the well casing. The operator shall also conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. (h) The gas storage wells at the facility that are plugged and abandoned in accordance with Section 3208 pursuant to this section shall be periodically inspected by the operator for leaks using effective gas leak detection techniques such as optical gas imaging. (i) (1) Before the completion of the gas storage well comprehensive safety review, production of natural gas from gas storage wells at the facility shall be limited to gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) unless insufficient production capacity is available. Only if production capacity supplied by the tested and remediated wells is demonstrably insufficient may the supervisor allow other gas storage wells to be used. (2) The supervisor shall direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c). (j) With respect to the gas storage well comprehensive safety review at the facility, all testing, inspection and monitoring results reported to the division, gas storage well compliance status, any required remediation steps, and other safety review-related materials shall be posted in a timely manner by the division online on a public portion of its Internet Web site. (k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. Section 714 is added to the Public Utilities Code, to read: 714. (a) The commission, no later than July 1, 2017, shall open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region. This determination shall be consistent with the Clean Energy and Pollution Reduction Act of 2015 (Ch. 547, Stats. 2015) and Executive Order B-30-2015. The commission shall consult with the State Energy Resources Conservation and Development Commission, the Independent System Operator, the local publicly owned utilities that rely on natural gas for electricity generation, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation, affected balancing authorities, and other relevant government entities, in making its determination. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 3. Section 715 is added to the Public Utilities Code, to read: 715. (a) The commission shall direct the operator of the Aliso Canyon natural gas storage facility located in the County of Los Angeles to provide all information the commission deems necessary for the commission to determine, in consultation with the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities, the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California. The determination shall be based on best available data, and shall incorporate data from recent and ongoing studies being conducted to determine energy and gas use in the region by the commission, the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities. (b) Within 30 days of the effective date of the act adding this section, the commission shall publish a report that includes, but is not limited to, all of the following: (1) The range of working gas necessary at the facility to ensure safety and reliability and just and reasonable rates in California determined pursuant to subdivision (a). (2) The amount of natural gas production at the facility needed to meet safety and reliability requirements. (3) The number of wells and associated injection and production capacity required. (4) The availability of sufficient natural gas production using gas storage wells that have satisfactorily completed testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) of Section 3217 of the Public Resources Code. (c) The commission shall make the report required under subdivision (b) available on its Internet Web site and seek, either through written comments or a workshop, public comments on the report. (d) The executive director of the commission, in consultation with the State Oil and Gas Supervisor, shall direct the operator to maintain the specified range of working gas, determined pursuant to subdivision (a), at the facility to ensure reliability and just and reasonable rates in California, after all of the following occur: (1) The gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c) of Section 3217 of the Public Resources Code. (2) The State Oil and Gas Supervisor has approved the maximum and minimum reservoir pressure pursuant to subdivision (e) of Section 3217 of the Public Resources Code. (3) The State Oil and Gas Supervisor has allowed injections of natural gas at the facility, pursuant to subdivision (f) of Section 3217 of the Public Resources Code. (4) The commission has allowed, and received, public comment on the report pursuant to subdivision (c). (e) In no case may the volume of working gas set by the executive director of the commission result in reservoir pressures that fall out of the range established pursuant to subdivision (e) of Section 3217 of the Public Resources Code. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to mitigate, at the earliest possible time, ongoing harm from the gas leak at the Aliso Canyon natural gas storage facility, and to evaluate the integrity of and the risks associated with gas storage wells at that facility, it is necessary that this act take effect immediately.

(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor’s duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. Under existing law, a person who fails to comply with certain requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. This bill would require the supervisor to continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed, as specified, the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements is satisfied, and the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. The bill would require the supervisor to determine criteria for the gas storage well comprehensive safety review with input from independent experts and would require the criteria to include, but not be limited to, specified tests and inspections. The bill would require the supervisor to direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. The bill would require the division to post the methodology on a public portion of its Internet Web site. The bill would require the operator of the facility to provide the division with the proposed maximum reservoir pressure and to include data and calculations supporting the basis for the pressure limit. The bill would authorize the supervisor to allow injections of natural gas into the facility once the gas storage well comprehensive safety review is complete, the division holds a duly noticed public hearing in the affected community to provide the public an opportunity to comment on the safety review findings and the proposed pressure limit, and the supervisor has approved the maximum and minimum reservoir pressure at the facility. The bill would also require that, before the completion of the gas storage well comprehensive safety review, the production of natural gas from gas storage wells at the facility be limited to gas storage wells that have satisfactorily completed the testing and remediation required under the review, except as specified. The bill would require the supervisor to direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under the review. The bill would require all gas storage wells returning to service under these provisions to inject or produce gas only through the interior metal tubing, and would require the operator to conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. The bill would require the gas storage wells at the facility that are plugged and abandoned pursuant to these provisions to be periodically inspected by the operator for leaks using effective gas leak detection techniques. The bill would require the division, with respect to the review and in a timely manner, to post all testing, inspection and monitoring results, and other safety review-related materials to a public portion of the division’s Internet Web site. Because a violation of certain of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2021. (2) Under existing law, the Public Utilities Commission is authorized to supervise and regulate every public utility in the state. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. This bill would require the commission, no later than July 1, 2017, to open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region, and to consult with specified entities in making its determination. The bill would require the commission, in consultation with specified entities, to determine the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California, and to direct the operator of the facility to provide all information the commission deems necessary to make that determination. The bill would require the commission, within 30 days of the effective date of this act, to publish a report, including specified information regarquired by this act for a specified reason. (4) This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3217 is added to the Public Resources Code, to read: 3217. (a) (1) The supervisor shall continue the prohibition against Southern California Gas Company injecting any natural gas into the Aliso Canyon natural gas storage facility located in the County of Los Angeles until a comprehensive review of the safety of the gas storage wells at the facility is completed and the supervisor determines that well integrity has been ensured by the review, the risks of failures identified in the review have been addressed, and the supervisor’s duty to prevent damage to life, health, property, and natural resources, and other requirements, as specified in Section 3106, is satisfied. The supervisor may not lift the prohibition on injection until the Executive Director of the Public Utilities Commission has concurred via letter with the supervisor regarding his or her determination of safety. (2) For purposes of this section, “facility” means the Aliso Canyon natural gas storage facility located in the County of Los Angeles operated by Southern California Gas Company. (b) (1) The criteria for the gas storage well comprehensive safety review shall be determined by the supervisor with input from contracted independent experts and shall include the steps in subdivision (c). (2) The supervisor shall direct the contracted independent experts to provide a methodology to be used in assessing the tests and inspections specified in the criteria. This requirement may be satisfied by the independent experts reviewing and, if necessary, revising the division’s written methodology for assessing the tests and inspections specified in the criteria. The methodology shall include all tests and inspections required by the criteria. The division shall post the methodology online on a public portion of its Internet Web site. (c) The gas storage well comprehensive safety review shall include the following steps to ensure external and internal well mechanical integrity: (1) All gas storage wells shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to detect existing leaks using temperature and noise logs. (2) Any leaks shall be stopped and remediated to the satisfaction of the supervisor. (3) Following remediation, leak detection tests shall be repeated and results reviewed by the supervisor. (4) (A) Unless a well has been fully plugged and abandoned to the supervisor’s satisfaction and in accordance with Section 3208, the well shall be evaluated and remediated in accordance with subparagraph (B) or plugged in accordance with subparagraph (C). (B) If a gas storage well is intended to return to service for the purposes of resuming injections to the facility, it shall be tested and inspected from the surface to the packer or to any wellbore restriction near the top of the geologic formation being used for gas storage, whichever is higher in elevation, to ensure mechanical integrity. As identified in the division’s criteria, these tests and inspections shall include the measurement of casing thickness and integrity, an evaluation of the cement bond on the casing, the determination as to whether any deformities in the well casing exist, and an evaluation of the well’s ability to withstand pressures that exceed maximum allowable injection and production pressures, with a reasonable margin for safety, at the facility in accordance with the criteria determined by the supervisor with input from independent experts pursuant to subdivision (b). If the tests reveal that a well poses a risk of failure, the supervisor shall require remediation and repeat tests as necessary to demonstrate to the satisfaction of the supervisor that remediation has mitigated any potential identified risks. If the operator cannot remediate the well to mitigate the identified risks to the satisfaction of the supervisor, the well shall be plugged and abandoned in accordance with Section 3208. (C) (i) If a well is to be taken out of service before resumption of gas injections at the facility, it shall be removed from operation and isolated from the gas storage reservoir through plugging according to the division’s criteria, including, but not limited to, the demonstration of sufficient cement to prevent migrations between the reservoir and other zones, placement of a mechanical plug at the bottom of the well, and subsequent filling of the well with fluid, and to specifications approved by the supervisor. All gas storage wells that are taken out of service under this subparagraph shall be subjected to ongoing testing and monitoring requirements identified in the criteria determined by the supervisor with input from independent experts. The monitoring shall include, but not be limited to, real-time and daily pressure monitoring, as applicable. A gas storage well shall not be returned to service unless the testing and remediation required under subparagraph (B) has been completed. (ii) A gas storage well, within one year of being plugged and isolated from the gas storage reservoir pursuant to clause (i), shall either be returned to service by satisfactorily completing the testing and remediation required under subparagraph (B) or be permanently plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. (D) The supervisor shall make a written finding for each gas storage well that has satisfactorily completed the testing and remediation required under subparagraph (B). (5) The gas storage well comprehensive safety review is not complete until every gas storage well at the facility has completed the testing and remediation required under subparagraph (B) of paragraph (4), been temporarily abandoned and isolated from the reservoir as required under clause (i) of subparagraph (C) of paragraph (4), or been fully plugged and abandoned to the supervisor’s satisfaction in accordance with Section 3208. (d) Upon completion of the gas storage well comprehensive safety review but before authorizing the commencement of injections at the facility, the division shall hold at least one duly noticed public meeting in the affected community to provide the public an opportunity to comment on the safety review findings and on the proposed pressure limit as provided in subdivision (e). (e) (1) Before commencing injections at the facility, the operator of the facility shall provide the division with the proposed maximum reservoir pressure and include data and calculations supporting the basis for the pressure limit. The pressure limit shall account for the pressure required to inject intended gas volumes at all proposed inventory levels and the pressure limit shall not exceed the design pressure limits of the reservoir, wells, wellheads, piping, or associated facilities with an appropriate margin for safety. (2) The operator’s proposed maximum reservoir pressure shall be subject to review and approval by the supervisor, and the supervisor shall consult with independent experts regarding the appropriate maximum and minimum reservoir pressure at the facility. (f) Once the gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c), the supervisor has approved the maximum and minimum reservoir pressure pursuant to paragraph (2) of subdivision (e), and the public hearing is held pursuant to subdivision (d), the supervisor may allow injections of natural gas at the facility. (g) All gas storage wells returning to service pursuant to subdivision (f) shall only inject or produce gas through the interior metal tubing and not through the annulus between the tubing and the well casing. The operator shall also conduct ongoing pressure monitoring and comply with any other requirements specified by the supervisor. (h) The gas storage wells at the facility that are plugged and abandoned in accordance with Section 3208 pursuant to this section shall be periodically inspected by the operator for leaks using effective gas leak detection techniques such as optical gas imaging. (i) (1) Before the completion of the gas storage well comprehensive safety review, production of natural gas from gas storage wells at the facility shall be limited to gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) unless insufficient production capacity is available. Only if production capacity supplied by the tested and remediated wells is demonstrably insufficient may the supervisor allow other gas storage wells to be used. (2) The supervisor shall direct the operator of the facility to provide a plan to ensure, at the earliest possible time, the availability of sufficient gas production capacity using gas storage wells that have satisfactorily completed the testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c). (j) With respect to the gas storage well comprehensive safety review at the facility, all testing, inspection and monitoring results reported to the division, gas storage well compliance status, any required remediation steps, and other safety review-related materials shall be posted in a timely manner by the division online on a public portion of its Internet Web site. (k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. Section 714 is added to the Public Utilities Code, to read: 714. (a) The commission, no later than July 1, 2017, shall open a proceeding to determine the feasibility of minimizing or eliminating use of the Aliso Canyon natural gas storage facility located in the County of Los Angeles while still maintaining energy and electric reliability for the region. This determination shall be consistent with the Clean Energy and Pollution Reduction Act of 2015 (Ch. 547, Stats. 2015) and Executive Order B-30-2015. The commission shall consult with the State Energy Resources Conservation and Development Commission, the Independent System Operator, the local publicly owned utilities that rely on natural gas for electricity generation, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation, affected balancing authorities, and other relevant government entities, in making its determination. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 3. Section 715 is added to the Public Utilities Code, to read: 715. (a) The commission shall direct the operator of the Aliso Canyon natural gas storage facility located in the County of Los Angeles to provide all information the commission deems necessary for the commission to determine, in consultation with the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities, the range of working gas necessary to ensure safety and reliability for the region and just and reasonable rates in California. The determination shall be based on best available data, and shall incorporate data from recent and ongoing studies being conducted to determine energy and gas use in the region by the commission, the State Energy Resources Conservation and Development Commission, the Independent System Operator, and affected publicly owned utilities. (b) Within 30 days of the effective date of the act adding this section, the commission shall publish a report that includes, but is not limited to, all of the following: (1) The range of working gas necessary at the facility to ensure safety and reliability and just and reasonable rates in California determined pursuant to subdivision (a). (2) The amount of natural gas production at the facility needed to meet safety and reliability requirements. (3) The number of wells and associated injection and production capacity required. (4) The availability of sufficient natural gas production using gas storage wells that have satisfactorily completed testing and remediation required under subparagraph (B) of paragraph (4) of subdivision (c) of Section 3217 of the Public Resources Code. (c) The commission shall make the report required under subdivision (b) available on its Internet Web site and seek, either through written comments or a workshop, public comments on the report. (d) The executive director of the commission, in consultation with the State Oil and Gas Supervisor, shall direct the operator to maintain the specified range of working gas, determined pursuant to subdivision (a), at the facility to ensure reliability and just and reasonable rates in California, after all of the following occur: (1) The gas storage well comprehensive safety review is complete pursuant to paragraph (5) of subdivision (c) of Section 3217 of the Public Resources Code. (2) The State Oil and Gas Supervisor has approved the maximum and minimum reservoir pressure pursuant to subdivision (e) of Section 3217 of the Public Resources Code. (3) The State Oil and Gas Supervisor has allowed injections of natural gas at the facility, pursuant to subdivision (f) of Section 3217 of the Public Resources Code. (4) The commission has allowed, and received, public comment on the report pursuant to subdivision (c). (e) In no case may the volume of working gas set by the executive director of the commission result in reservoir pressures that fall out of the range established pursuant to subdivision (e) of Section 3217 of the Public Resources Code. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to mitigate, at the earliest possible time, ongoing harm from the gas leak at the Aliso Canyon natural gas storage facility, and to evaluate the integrity of and the risks associated with gas storage wells at that facility, it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 430.41 is added to the Code of Civil Procedure, to read: 430.41. (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. (2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith. (4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. (c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held. (d) This section does not apply to the following civil actions: (1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. (e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed. (2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. (f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80. (g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. Section 472 of the Code of Civil Procedure is amended to read: 472. (a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 3. Section 472 is added to the Code of Civil Procedure, to read: 472. (a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment. (b) This section shall become operative on January 1, 2021. SEC. 4. Section 472a of the Code of Civil Procedure is amended to read: 472a. (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. (c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. (d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. (e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 5. Section 472a is added to the Code of Civil Procedure, to read: 472a. (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. (c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. (d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. (e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. (f) This section shall become operative on January 1, 2021. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, as specified. Existing law authorizes a party to amend a pleading once without leave of the court at any time before an answer or demurrer is filed, or after a demurrer is filed and before the trial of the issue of law thereon. This bill would require a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet and confer process with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer. The bill would prohibit a party from amending a complaint or cross-complaint more than 3 times in response to a demurrer filed before the case is at issue, except as specified. The bill would prohibit a party from demurring to a pleading that is amended following a sustained demurrer as to any portion of the amended pleading on grounds that could have been raised by the prior demurrer. This bill would also authorize a party to amend a pleading after a demurrer is filed but before it is heard by the court if the amended pleading is filed and served before the date for filing an opposition to the demurrer. The bill would authorize a party to amend a pleading after the date for filing an opposition to the demurrer upon stipulation by the parties. The bill would repeal its provisions on January 1, 2021. The bill would require a demurring party, in some circumstances, to file a declaration under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 430.41 is added to the Code of Civil Procedure, to read: 430.41. (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency. (2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause. (3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith. (4) Any determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (b) A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. (c) If a court sustains a demurrer to one or more causes of action and grants leave to amend, the court may order a conference of the parties before an amended complaint or cross-complaint or a demurrer to an amended complaint or cross-complaint, may be filed. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held. (d) This section does not apply to the following civil actions: (1) An action in which a party not represented by counsel is incarcerated in a local, state, or federal correctional institution. (2) A proceeding in forcible entry, forcible detainer, or unlawful detainer. (e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed. (2) Nothing in this section affects the rights of a party to amend its pleading or respond to an amended pleading after the case is at issue. (f) Nothing in this section affects appellate review or the rights of a party pursuant to Section 430.80. (g) If a demurrer is overruled as to a cause of action and that cause of action is not further amended, the demurring party preserves its right to appeal after final judgment without filing a further demurrer. (h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. Section 472 of the Code of Civil Procedure is amended to read: 472. (a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 3. Section 472 is added to the Code of Civil Procedure, to read: 472. (a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment. (b) This section shall become operative on January 1, 2021. SEC. 4. Section 472a of the Code of Civil Procedure is amended to read: 472a. (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. (c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. (d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. (e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 5. Section 472a is added to the Code of Civil Procedure, to read: 472a. (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20. (c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just. (d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer. (e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed. (f) This section shall become operative on January 1, 2021. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: This bill amends the Code of Civil Procedure to require parties to meet and confer before filing a demurrer. The bill also requires that parties amend their complaints or cross-

The people of the State of California do enact as follows: SECTION 1. Section 116431 is added to the Health and Safety Code, to read: 116431. (a) At the request of any public water system that prepares and submits a compliance plan to the state board, the state board may grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by the state board’s written approval of the compliance plan. (b) (1) A compliance plan shall include all of the following: (A) A compelling reason why it is not feasible for the system to presently comply with the primary drinking water standard for hexavalent chromium. (B) A summary of the public water system’s review of available funding sources, the best available technology or technologies for treatment, and other options to achieve and maintain compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. (C) A description of the actions the public water system is taking and will take by milestone dates to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date. The actions may include, but are not limited to, planning, designing, permitting, financing, constructing, testing, and activating treatment facilities or other capital improvements. The compliance plan shall include the public water system’s best estimate of the funding required for compliance and the actions that the public water system will take to secure the funding. In no event shall the earliest feasible date extend beyond January 1, 2020. (2) The state board may do either of the following: (A) Approve a compliance plan. (B) Provide written comments on the compliance plan to the public water system. The comments may include requiring the public water system’s compliance, prior to January 1, 2020, with the primary drinking water standard for hexavalent chromium if the earliest feasible date, based on review of the compliance plan and based on the public water system’s specific circumstances identified in the plan, is prior to January 1, 2020. If the state board provides written comments, the public water system may submit a revised compliance plan that the state board may approve if the plan timely and adequately addresses any and all written comments provided by the state board. (c) The public water system shall provide written notice regarding the compliance plan to the persons served by the public water system at least two times per year. The written notice shall meet the translation requirements provided in subdivision (h) of Section 116450 and shall include notice of all of the following: (1) That the public water system is implementing the compliance plan that has been approved by the state board and that demonstrates the public water system is taking the needed feasible actions to comply with the primary drinking water standard for hexavalent chromium. The notice shall summarize those actions in a form and manner determined by the state board. For notices after the initial notice, the public water system shall update information demonstrating progress implementing the compliance plan. (2) That the persons served by the public water system have access to alternative drinking water and that the public water system shall provide information on that drinking water. The notice shall identify where that information may be obtained. (3) Basic information describing hexavalent chromium, including the level found in drinking water provided by the public water system, the maximum contaminant level for hexavalent chromium, and the possible effects of hexavalent chromium on human health as specified in Appendix 64465-D of Section 64465 of Title 22 of the California Code of Regulations. (d) Following the state board’s approval of the compliance plan, the public water system shall submit a written status report to the state board, at a frequency and by a deadline or deadlines set by the state board, for the state board’s approval, that updates the status of actions specified in the state board-approved compliance plan and that specifies any changes to the compliance plan that are needed to achieve compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. State board approval of a written status report that includes proposed changes to the compliance plan shall be deemed approval of the proposed changes to the compliance plan and the resulting revised plan. (e) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending. (f) (1) At any time, the state board may direct revisions to a compliance plan or disapprove a compliance plan if the state board determines that the actions and timelines addressed in the compliance plan are inadequate to achieve compliance by the earliest feasible date. At any time, the state board may disapprove a written status report if the state board determines that the written status report fails to demonstrate that the public water system is complying with the approved compliance plan by the milestone dates. In these instances, the state board shall provide the public water system with written notice specifying the reason for the required revisions or disapproval and the deficiencies that shall be addressed in a resubmitted compliance plan or written status report. (2) A previously approved compliance plan that the state board requires to be revised, or a written status report that is disapproved by the state board, may be revised and resubmitted by the public water system for state board approval within 60 days of receipt of the notice required by paragraph (1). During the 60 days, a public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium. A public water system shall not be granted a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system fails to submit a revised compliance plan or revised written status report within 60 days of receiving the notice, or submits a revised compliance plan or revised written status report that is subsequently disapproved. (3) A compliance plan approved by the state board pursuant to this section shall continue in effect until the earliest feasible compliance date, as specified by the compliance plan, or until the water system fails to retain state board approval of the compliance plan. (g) The state board may implement, interpret, or make specific the provisions of this section by means of criteria, published on its Internet Web site. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) This section does not affect the state’s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium. This section is intended to address the specific circumstance that, for some public water systems, compliance with the state’s hexavalent chromium drinking water standard requires the design, financing, and construction of capital improvements. These major compliance actions necessitate a period of time for compliance. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The state’s regulation setting the new maximum contaminant level for hexavalent chromium VI went into effect on July 1, 2014. The regulation required that the initial compliance monitoring under the regulation be performed by January 1, 2015. Some public water systems need to take major compliance actions, such as designing, financing, and constructing water treatment facilities, to comply with the new regulation. To avoid the systems being deemed in violation of the regulation in 2015, and for a limited time period thereafter, it is necessary for this act, which authorizes a period of time to achieve compliance, to take effect immediately.

The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the State of California. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water based upon specified criteria, and required a primary drinking water standard to be established for hexavalent chromium by January 1, 2004. Existing law authorizes the state board to grant a variance from primary drinking water standards to a public water system. Existing law makes certain violations of the act a crime. This bill would authorize, until January 1, 2020, the state board, at the request of a public water system that prepares and submits a compliance plan to the state board, to grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by approving the compliance plan, as prescribed. This bill would require a public water system to provide specified notice regarding the compliance plan to the persons served by the public water system and the public water system to send written status reports to the state board. This bill would prohibit a public water system from being deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan or while state board action on its proposed and submitted compliance plan is pending. The bill would authorize the state board to direct revisions to a compliance plan if the board makes certain determinations and would prohibit a public water system from being granted a period of time to achieve compliance under certain circumstances, including if the public water system does not submit a revised compliance plan or the revised compliance plan is disapproved. The bill would authorize the state board to implement, interpret, or make specific these provisions by means of criteria, published on its Internet Web site. To the extent that a public water system, when requesting approval of a compliance plan or submitting a report pursuant to these provisions, would make any false statement or representation, this bill would expand the scope of a crime and impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 116431 is added to the Health and Safety Code, to read: 116431. (a) At the request of any public water system that prepares and submits a compliance plan to the state board, the state board may grant a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium by the state board’s written approval of the compliance plan. (b) (1) A compliance plan shall include all of the following: (A) A compelling reason why it is not feasible for the system to presently comply with the primary drinking water standard for hexavalent chromium. (B) A summary of the public water system’s review of available funding sources, the best available technology or technologies for treatment, and other options to achieve and maintain compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. (C) A description of the actions the public water system is taking and will take by milestone dates to comply with the primary drinking water standard for hexavalent chromium by the earliest feasible date. The actions may include, but are not limited to, planning, designing, permitting, financing, constructing, testing, and activating treatment facilities or other capital improvements. The compliance plan shall include the public water system’s best estimate of the funding required for compliance and the actions that the public water system will take to secure the funding. In no event shall the earliest feasible date extend beyond January 1, 2020. (2) The state board may do either of the following: (A) Approve a compliance plan. (B) Provide written comments on the compliance plan to the public water system. The comments may include requiring the public water system’s compliance, prior to January 1, 2020, with the primary drinking water standard for hexavalent chromium if the earliest feasible date, based on review of the compliance plan and based on the public water system’s specific circumstances identified in the plan, is prior to January 1, 2020. If the state board provides written comments, the public water system may submit a revised compliance plan that the state board may approve if the plan timely and adequately addresses any and all written comments provided by the state board. (c) The public water system shall provide written notice regarding the compliance plan to the persons served by the public water system at least two times per year. The written notice shall meet the translation requirements provided in subdivision (h) of Section 116450 and shall include notice of all of the following: (1) That the public water system is implementing the compliance plan that has been approved by the state board and that demonstrates the public water system is taking the needed feasible actions to comply with the primary drinking water standard for hexavalent chromium. The notice shall summarize those actions in a form and manner determined by the state board. For notices after the initial notice, the public water system shall update information demonstrating progress implementing the compliance plan. (2) That the persons served by the public water system have access to alternative drinking water and that the public water system shall provide information on that drinking water. The notice shall identify where that information may be obtained. (3) Basic information describing hexavalent chromium, including the level found in drinking water provided by the public water system, the maximum contaminant level for hexavalent chromium, and the possible effects of hexavalent chromium on human health as specified in Appendix 64465-D of Section 64465 of Title 22 of the California Code of Regulations. (d) Following the state board’s approval of the compliance plan, the public water system shall submit a written status report to the state board, at a frequency and by a deadline or deadlines set by the state board, for the state board’s approval, that updates the status of actions specified in the state board-approved compliance plan and that specifies any changes to the compliance plan that are needed to achieve compliance with the primary drinking water standard for hexavalent chromium by the earliest feasible date. State board approval of a written status report that includes proposed changes to the compliance plan shall be deemed approval of the proposed changes to the compliance plan and the resulting revised plan. (e) A public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while implementing an approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending. (f) (1) At any time, the state board may direct revisions to a compliance plan or disapprove a compliance plan if the state board determines that the actions and timelines addressed in the compliance plan are inadequate to achieve compliance by the earliest feasible date. At any time, the state board may disapprove a written status report if the state board determines that the written status report fails to demonstrate that the public water system is complying with the approved compliance plan by the milestone dates. In these instances, the state board shall provide the public water system with written notice specifying the reason for the required revisions or disapproval and the deficiencies that shall be addressed in a resubmitted compliance plan or written status report. (2) A previously approved compliance plan that the state board requires to be revised, or a written status report that is disapproved by the state board, may be revised and resubmitted by the public water system for state board approval within 60 days of receipt of the notice required by paragraph (1). During the 60 days, a public water system shall not be deemed in violation of the primary drinking water standard for hexavalent chromium. A public water system shall not be granted a period of time to achieve compliance with the primary drinking water standard for hexavalent chromium if the public water system fails to submit a revised compliance plan or revised written status report within 60 days of receiving the notice, or submits a revised compliance plan or revised written status report that is subsequently disapproved. (3) A compliance plan approved by the state board pursuant to this section shall continue in effect until the earliest feasible compliance date, as specified by the compliance plan, or until the water system fails to retain state board approval of the compliance plan. (g) The state board may implement, interpret, or make specific the provisions of this section by means of criteria, published on its Internet Web site. This action by the state board shall not be subject to the rulemaking requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) This section does not affect the state’s requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium. This section is intended to address the specific circumstance that, for some public water systems, compliance with the state’s hexavalent chromium drinking water standard requires the design, financing, and construction of capital improvements. These major compliance actions necessitate a period of time for compliance. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The state’s regulation setting the new maximum contaminant level for hexavalent chromium VI went into effect on July 1, 2014. The regulation required that the initial compliance monitoring under the regulation be performed by January 1, 2015. Some public water systems need to take major compliance actions, such as designing, financing, and constructing water treatment facilities, to comply with the new regulation. To avoid the systems being deemed in violation of the regulation in 2015, and for a limited time period thereafter, it is necessary for this act, which authorizes a period of time to achieve compliance, to take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1770 of the Civil Code is amended to read: 1770. (a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful: (1) Passing off goods or services as those of another. (2) Misrepresenting the source, sponsorship, approval, or certification of goods or services. (3) Misrepresenting the affiliation, connection, or association with, or certification by, another. (4) Using deceptive representations or designations of geographic origin in connection with goods or services. (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he or she does not have. (6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand. (7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another. (8) Disparaging the goods, services, or business of another by false or misleading representation of fact. (9) Advertising goods or services with intent not to sell them as advertised. (10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity. (11) Advertising furniture without clearly indicating that it is unassembled if that is the case. (12) Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller. (13) Making false or misleading statements of fact concerning reasons for, existence of, or amounts of price reductions. (14) Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law. (15) Representing that a part, replacement, or repair service is needed when it is not. (16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not. (17) Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction. (18) Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer. (19) Inserting an unconscionable provision in the contract. (20) Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses which are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with Section 12000) of Title 1 of the Corporations Code where more than 50 percent of purchases are made at the specific price set forth in the advertisement. (21) Selling or leasing goods in violation of Chapter 4 (commencing with Section 1797.8) of Title 1.7. (22) (A) Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message. (B) This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient. (23) (A) The home solicitation, as defined in subdivision (h) of Section 1761, of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of either subsection (h) or (i) of Section 1639 of Title 15 of the United States Code or paragraphs (1), (2), and (4) of subdivision (a) of Section 226.34 of Title 12 of the Code of Federal Regulations. (B) A third party shall not be liable under this subdivision unless (1) there was an agency relationship between the party who engaged in home solicitation and the third party or (2) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision. (24) (A) Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services. (B) For purposes of this paragraph, the following definitions shall apply: (i) “Public social services” means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them. (ii) “Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits. (iii) “Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed. Factors to be considered, when appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following: (I) The time and effort required. (II) The novelty and difficulty of the services. (III) The skill required to perform the services. (IV) The nature and length of the professional relationship. (V) The experience, reputation, and ability of the person providing the services. (C) This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee arbitration provisions of Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons. (25) (A) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term: (i) “I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department of Veterans Affairs in any proceeding on any matter, including an application for such benefits. It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event. (ii) The statement in clause (i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. (B) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements which is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term: “This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries. None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.” (i) The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. (ii) The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering. (26) Advertising, offering for sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits. (27) Representing that a product is made in California by using a Made in California label created pursuant to Section 12098.10 of the Government Code, unless the product complies with Section 12098.10 of the Government Code. (b) (1) It is an unfair or deceptive act or practice for a mortgage broker or lender, directly or indirectly, to use a home improvement contractor to negotiate the terms of any loan that is secured, whether in whole or in part, by the residence of the borrower and which is used to finance a home improvement contract or any portion of a home improvement contract. For purposes of this subdivision, “mortgage broker or lender” includes a finance lender licensed pursuant to the California Finance Lenders Law (Division 9 (commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), or a real estate broker licensed under the Real Estate Law (Division 4 (commencing with Section 10000) of the Business and Professions Code). (2) This section shall not be construed to either authorize or prohibit a home improvement contractor from referring a consumer to a mortgage broker or lender by this subdivision. However, a home improvement contractor may refer a consumer to a mortgage lender or broker if that referral does not violate Section 7157 of the Business and Professions Code or any other law. A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section 7157 of the Business and Professions Code or any other law. Nothing in this paragraph shall have any effect on the application of Chapter 1 (commencing with Section 1801) of Title 2 to a home improvement transaction or the financing of a home improvement transaction. SEC. 2. Chapter 3.6 (commencing with Section 870) is added to Division 4 of the Military and Veterans Code, to read: CHAPTER 3.6. Nonassignability of Veterans’ Benefits 870. A person shall not advertise, offer, or enter into an agreement with a pension beneficiary that would involve an assignment of pension benefits that is prohibited by state or federal law.

(1) Existing law, the Consumer Legal Remedies Act, makes unlawful certain unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer, including, among other things, advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include a specified statement. Existing law authorizes any consumer who suffers damages as a result of the use or employment by any person of a method, act, or practice declared to be unlawful, as described above, to bring an action against that person to recover or obtain damages, restitution, an order enjoining the methods, acts, or practice, or any other relief the court deems proper. This bill would include, as an unlawful practice prohibited under the act, advertising, offering for sale, or selling a financial product or service that is illegal under state or federal law, including a cash payment for the assignment to a 3rd party of the consumer’s right to receive future pension or veteran’s benefits. (2) Existing federal law prohibits payments of benefits due or to become due under any law administered by the United States Secretary of Veterans Affairs from being assignable. Under existing federal law, in any case where a beneficiary entitled to pension compensation enters into an agreement with another person under which agreement the other person acquires for consideration the right to receive the benefit by payment of a pension compensation, the agreement is deemed to be an assignment and is prohibited. Existing state law establishes a cause of action against any person who engages in an act of unfair competition, which includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and any prohibited advertising act or practice. This bill would state an additional prohibition against advertising, offering, or entering into an agreement with a pension beneficiary that would involve an assignment of pension benefits.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1770 of the Civil Code is amended to read: 1770. (a) The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer are unlawful: (1) Passing off goods or services as those of another. (2) Misrepresenting the source, sponsorship, approval, or certification of goods or services. (3) Misrepresenting the affiliation, connection, or association with, or certification by, another. (4) Using deceptive representations or designations of geographic origin in connection with goods or services. (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he or she does not have. (6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand. (7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another. (8) Disparaging the goods, services, or business of another by false or misleading representation of fact. (9) Advertising goods or services with intent not to sell them as advertised. (10) Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity. (11) Advertising furniture without clearly indicating that it is unassembled if that is the case. (12) Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller. (13) Making false or misleading statements of fact concerning reasons for, existence of, or amounts of price reductions. (14) Representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law. (15) Representing that a part, replacement, or repair service is needed when it is not. (16) Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not. (17) Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction. (18) Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer. (19) Inserting an unconscionable provision in the contract. (20) Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses which are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with Section 12000) of Title 1 of the Corporations Code where more than 50 percent of purchases are made at the specific price set forth in the advertisement. (21) Selling or leasing goods in violation of Chapter 4 (commencing with Section 1797.8) of Title 1.7. (22) (A) Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message. (B) This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient. (23) (A) The home solicitation, as defined in subdivision (h) of Section 1761, of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of either subsection (h) or (i) of Section 1639 of Title 15 of the United States Code or paragraphs (1), (2), and (4) of subdivision (a) of Section 226.34 of Title 12 of the Code of Federal Regulations. (B) A third party shall not be liable under this subdivision unless (1) there was an agency relationship between the party who engaged in home solicitation and the third party or (2) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision. (24) (A) Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services. (B) For purposes of this paragraph, the following definitions shall apply: (i) “Public social services” means those activities and functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them. (ii) “Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits. (iii) “Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed. Factors to be considered, when appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following: (I) The time and effort required. (II) The novelty and difficulty of the services. (III) The skill required to perform the services. (IV) The nature and length of the professional relationship. (V) The experience, reputation, and ability of the person providing the services. (C) This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee arbitration provisions of Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons. (25) (A) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term: (i) “I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department of Veterans Affairs in any proceeding on any matter, including an application for such benefits. It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event. (ii) The statement in clause (i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. (B) Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements which is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term: “This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries. None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.” (i) The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements. (ii) The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering. (26) Advertising, offering for sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits. (27) Representing that a product is made in California by using a Made in California label created pursuant to Section 12098.10 of the Government Code, unless the product complies with Section 12098.10 of the Government Code. (b) (1) It is an unfair or deceptive act or practice for a mortgage broker or lender, directly or indirectly, to use a home improvement contractor to negotiate the terms of any loan that is secured, whether in whole or in part, by the residence of the borrower and which is used to finance a home improvement contract or any portion of a home improvement contract. For purposes of this subdivision, “mortgage broker or lender” includes a finance lender licensed pursuant to the California Finance Lenders Law (Division 9 (commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), or a real estate broker licensed under the Real Estate Law (Division 4 (commencing with Section 10000) of the Business and Professions Code). (2) This section shall not be construed to either authorize or prohibit a home improvement contractor from referring a consumer to a mortgage broker or lender by this subdivision. However, a home improvement contractor may refer a consumer to a mortgage lender or broker if that referral does not violate Section 7157 of the Business and Professions Code or any other law. A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section 7157 of the Business and Professions Code or any other law. Nothing in this paragraph shall have any effect on the application of Chapter 1 (commencing with Section 1801) of Title 2 to a home improvement transaction or the financing of a home improvement transaction. SEC. 2. Chapter 3.6 (commencing with Section 870) is added to Division 4 of the Military and Veterans Code, to read: CHAPTER 3.6. Nonassignability of Veterans’ Benefits 870. A person shall not advertise, offer, or enter into an agreement with a pension beneficiary that would involve an assignment of pension benefits that is prohibited by state or federal law. ### Summary: This bill amends the unfair competition law to prohibit the use of a “Made in California” label on products that are not made in California. The bill also prohibits

The people of the State of California do enact as follows: SECTION 1. Section 1363 of the Health and Safety Code is amended to read: 1363. (a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the plan contract as the director may require, so as to afford the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan in readily understood language and in a clearly organized manner. The director may require that the materials be presented in a reasonably uniform manner so as to facilitate comparisons between plan contracts of the same or other types of plans. Nothing contained in this chapter shall preclude the director from permitting the disclosure form to be included with the evidence of coverage or plan contract. The disclosure form shall provide for at least the following information, in concise and specific terms, relative to the plan, together with additional information as may be required by the director, in connection with the plan or plan contract: (1) The principal benefits and coverage of the plan, including coverage for acute care and subacute care. (2) The exceptions, reductions, and limitations that apply to the plan. (3) The full premium cost of the plan. (4) Any copayment, coinsurance, or deductible requirements that may be incurred by the member or the member’s family in obtaining coverage under the plan. (5) The terms under which the plan may be renewed by the plan member, including any reservation by the plan of any right to change premiums. (6) A statement that the disclosure form is a summary only, and that the plan contract itself should be consulted to determine governing contractual provisions. The first page of the disclosure form shall contain a notice that conforms with all of the following conditions: (A) (i) States that the evidence of coverage discloses the terms and conditions of coverage. (ii) States, with respect to individual plan contracts, small group plan contracts, and any other group plan contracts for which health care services are not negotiated, that the applicant has a right to view the evidence of coverage prior to enrollment, and, if the evidence of coverage is not combined with the disclosure form, the notice shall specify where the evidence of coverage can be obtained prior to enrollment. (B) Includes a statement that the disclosure and the evidence of coverage should be read completely and carefully and that individuals with special health care needs should read carefully those sections that apply to them. (C) Includes the plan’s telephone number or numbers that may be used by an applicant to receive additional information about the benefits of the plan or a statement where the telephone number or numbers are located in the disclosure form. (D) For individual contracts, and small group plan contracts as defined in Article 3.1 (commencing with Section 1357), the disclosure form shall state where the health plan benefits and coverage matrix is located. (E) Is printed in type no smaller than that used for the remainder of the disclosure form and is displayed prominently on the page. (7) A statement as to when benefits shall cease in the event of nonpayment of the prepaid or periodic charge and the effect of nonpayment upon an enrollee who is hospitalized or undergoing treatment for an ongoing condition. (8) To the extent that the plan permits a free choice of provider to its subscribers and enrollees, the statement shall disclose the nature and extent of choice permitted and the financial liability that is, or may be, incurred by the subscriber, enrollee, or a third party by reason of the exercise of that choice. (9) A summary of the provisions required by subdivision (g) of Section 1373, if applicable. (10) If the plan utilizes arbitration to settle disputes, a statement of that fact. (11) A summary of, and a notice of the availability of, the process the plan uses to authorize, modify, or deny health care services under the benefits provided by the plan, pursuant to Sections 1363.5 and 1367.01. (12) A description of any limitations on the patient’s choice of primary care physician, specialty care physician, or nonphysician health care practitioner, based on service area and limitations on the patient’s choice of acute care hospital care, subacute or transitional inpatient care, or skilled nursing facility. (13) General authorization requirements for referral by a primary care physician to a specialty care physician or a nonphysician health care practitioner. (14) Conditions and procedures for disenrollment. (15) A description as to how an enrollee may request continuity of care as required by Section 1373.96 and request a second opinion pursuant to Section 1383.15. (16) Information concerning the right of an enrollee to request an independent review in accordance with Article 5.55 (commencing with Section 1374.30). (17) A notice as required by Section 1364.5. (b) (1) As of July 1, 1999, the director shall require each plan offering a contract to an individual or small group to provide with the disclosure form for individual and small group plan contracts a uniform health plan benefits and coverage matrix containing the plan’s major provisions in order to facilitate comparisons between plan contracts. The uniform matrix shall include the following category descriptions together with the corresponding copayments and limitations in the following sequence: (A) Deductibles. (B) Lifetime maximums. (C) Professional services. (D) Outpatient services. (E) Hospitalization services. (F) Emergency health coverage. (G) Ambulance services. (H) Prescription drug coverage. (I) Durable medical equipment. (J) Mental health services. (K) Chemical dependency services. (L) Home health services. (M) Other. (2) The following statement shall be placed at the top of the matrix in all capital letters in at least 10-point boldface type: THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE EVIDENCE OF COVERAGE AND PLAN CONTRACT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF COVERAGE BENEFITS AND LIMITATIONS. (3) (A) A health care service plan contract subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15), shall satisfy the requirements of this subdivision by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) and any rules or regulations issued thereunder. A health care service plan that issues the uniform summary of benefits referenced in this paragraph shall do both of the following: (i) Ensure that all applicable benefit disclosure requirements specified in this chapter and in Title 28 of the California Code of Regulations are met in other health plan documents provided to enrollees under the provisions of this chapter. (ii) Consistent with applicable law, advise applicants and enrollees, in a prominent place in the plan documents referenced in subdivision (a), that enrollees are not financially responsible in payment of emergency care services, in any amount that the health care service plan is obligated to pay, beyond the enrollee’s copayments, coinsurance, and deductibles as provided in the enrollee’s health care service plan contract. (B) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this paragraph shall constitute a vital document for the purposes of Section 1367.04. Not later than July 1, 2016, the department shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the department shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the department, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. (C) Subdivision (c) shall not apply to a health care service plan contract subject to subparagraph (A). (c) Nothing in this section shall prevent a plan from using appropriate footnotes or disclaimers to reasonably and fairly describe coverage arrangements in order to clarify any part of the matrix that may be unclear. (d) All plans, solicitors, and representatives of a plan shall, when presenting any plan contract for examination or sale to an individual prospective plan member, provide the individual with a properly completed disclosure form, as prescribed by the director pursuant to this section for each plan so examined or sold. (e) In the case of group contracts, the completed disclosure form and evidence of coverage shall be presented to the contractholder upon delivery of the completed health care service plan agreement. (f) Group contractholders shall disseminate copies of the completed disclosure form to all persons eligible to be a subscriber under the group contract at the time those persons are offered the plan. If the individual group members are offered a choice of plans, separate disclosure forms shall be supplied for each plan available. Each group contractholder shall also disseminate or cause to be disseminated copies of the evidence of coverage to all applicants, upon request, prior to enrollment and to all subscribers enrolled under the group contract. (g) In the case of conflicts between the group contract and the evidence of coverage, the provisions of the evidence of coverage shall be binding upon the plan notwithstanding any provisions in the group contract that may be less favorable to subscribers or enrollees. (h) In addition to the other disclosures required by this section, every health care service plan and any agent or employee of the plan shall, when presenting a plan for examination or sale to any individual purchaser or the representative of a group consisting of 25 or fewer individuals, disclose in writing the ratio of premium costs to health services paid for plan contracts with individuals and with groups of the same or similar size for the plan’s preceding fiscal year. A plan may report that information by geographic area, provided the plan identifies the geographic area and reports information applicable to that geographic area. (i) Subdivision (b) shall not apply to any coverage provided by a plan for the Medi-Cal program or the Medicare Program pursuant to Title XVIII and Title XIX of the federal Social Security Act. SEC. 2. Section 10603 of the Insurance Code, as amended by Section 8 of Chapter 1 of the First Extraordinary Session of the Statutes of 2013, is amended to read: 10603. (a) (1) On or before April 1, 1975, the commissioner shall promulgate a standard supplemental disclosure form for all disability insurance policies. Upon the appropriate disclosure form as prescribed by the commissioner, each insurer shall provide, in easily understood language and in a uniform, clearly organized manner, as prescribed and required by the commissioner, the summary information about each disability insurance policy offered by the insurer as the commissioner finds is necessary to provide for full and fair disclosure of the provisions of the policy. (2) On and after January 1, 2014, a disability insurer offering health insurance coverage subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) shall satisfy the requirements of this section and the implementing regulations by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act and any rules or regulations issued thereunder. An insurer that issues the federal uniform summary of benefits referenced in this paragraph shall ensure that all applicable disclosures required in this chapter and its implementing regulations are met in other documents provided to policyholders and insureds. An insurer subject to this paragraph shall provide the uniform summary of benefits and coverage to the commissioner together with the corresponding health insurance policy pursuant to Section 10290. (3) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this subdivision shall constitute a vital document for the purposes of Section 10133.8. Not later than July 1, 2016, the commissioner shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the commissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the commissioner, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. (b) Nothing in this section shall preclude the disclosure form from being included with the evidence of coverage or certificate of coverage or policy. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires a group health plan and a health insurance issuer offering group or individual health insurance coverage to provide a written summary of benefits and coverage (SBC) and requires that the SBC be provided in a culturally and linguistically appropriate manner, as specified. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a plan or insurer to provide certain disclosures of the benefits, services, and terms of a contract or policy. Existing law requires that contracts and policies subject to PPACA satisfy certain of those disclosure requirements by providing the SBC required under PPACA. Existing law requires the departments to adopt regulations establishing standards and requirements to provide enrollees and insureds with access to language assistance, including requirements for the translation of vital documents, as specified. This bill would, commencing October 1, 2016, provide that the SBC constitutes a vital document and would require a plan or insurer to comply with requirements applicable to those documents. The bill would, commencing July 1, 2016, require the Department of Managed Health Care and the Insurance Commissioner to develop written translations of the template uniform summary of benefits and coverage and to make available those translations in specified languages on their respective Internet Web sites. Because a willful violation of those requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1363 of the Health and Safety Code is amended to read: 1363. (a) The director shall require the use by each plan of disclosure forms or materials containing information regarding the benefits, services, and terms of the plan contract as the director may require, so as to afford the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan in readily understood language and in a clearly organized manner. The director may require that the materials be presented in a reasonably uniform manner so as to facilitate comparisons between plan contracts of the same or other types of plans. Nothing contained in this chapter shall preclude the director from permitting the disclosure form to be included with the evidence of coverage or plan contract. The disclosure form shall provide for at least the following information, in concise and specific terms, relative to the plan, together with additional information as may be required by the director, in connection with the plan or plan contract: (1) The principal benefits and coverage of the plan, including coverage for acute care and subacute care. (2) The exceptions, reductions, and limitations that apply to the plan. (3) The full premium cost of the plan. (4) Any copayment, coinsurance, or deductible requirements that may be incurred by the member or the member’s family in obtaining coverage under the plan. (5) The terms under which the plan may be renewed by the plan member, including any reservation by the plan of any right to change premiums. (6) A statement that the disclosure form is a summary only, and that the plan contract itself should be consulted to determine governing contractual provisions. The first page of the disclosure form shall contain a notice that conforms with all of the following conditions: (A) (i) States that the evidence of coverage discloses the terms and conditions of coverage. (ii) States, with respect to individual plan contracts, small group plan contracts, and any other group plan contracts for which health care services are not negotiated, that the applicant has a right to view the evidence of coverage prior to enrollment, and, if the evidence of coverage is not combined with the disclosure form, the notice shall specify where the evidence of coverage can be obtained prior to enrollment. (B) Includes a statement that the disclosure and the evidence of coverage should be read completely and carefully and that individuals with special health care needs should read carefully those sections that apply to them. (C) Includes the plan’s telephone number or numbers that may be used by an applicant to receive additional information about the benefits of the plan or a statement where the telephone number or numbers are located in the disclosure form. (D) For individual contracts, and small group plan contracts as defined in Article 3.1 (commencing with Section 1357), the disclosure form shall state where the health plan benefits and coverage matrix is located. (E) Is printed in type no smaller than that used for the remainder of the disclosure form and is displayed prominently on the page. (7) A statement as to when benefits shall cease in the event of nonpayment of the prepaid or periodic charge and the effect of nonpayment upon an enrollee who is hospitalized or undergoing treatment for an ongoing condition. (8) To the extent that the plan permits a free choice of provider to its subscribers and enrollees, the statement shall disclose the nature and extent of choice permitted and the financial liability that is, or may be, incurred by the subscriber, enrollee, or a third party by reason of the exercise of that choice. (9) A summary of the provisions required by subdivision (g) of Section 1373, if applicable. (10) If the plan utilizes arbitration to settle disputes, a statement of that fact. (11) A summary of, and a notice of the availability of, the process the plan uses to authorize, modify, or deny health care services under the benefits provided by the plan, pursuant to Sections 1363.5 and 1367.01. (12) A description of any limitations on the patient’s choice of primary care physician, specialty care physician, or nonphysician health care practitioner, based on service area and limitations on the patient’s choice of acute care hospital care, subacute or transitional inpatient care, or skilled nursing facility. (13) General authorization requirements for referral by a primary care physician to a specialty care physician or a nonphysician health care practitioner. (14) Conditions and procedures for disenrollment. (15) A description as to how an enrollee may request continuity of care as required by Section 1373.96 and request a second opinion pursuant to Section 1383.15. (16) Information concerning the right of an enrollee to request an independent review in accordance with Article 5.55 (commencing with Section 1374.30). (17) A notice as required by Section 1364.5. (b) (1) As of July 1, 1999, the director shall require each plan offering a contract to an individual or small group to provide with the disclosure form for individual and small group plan contracts a uniform health plan benefits and coverage matrix containing the plan’s major provisions in order to facilitate comparisons between plan contracts. The uniform matrix shall include the following category descriptions together with the corresponding copayments and limitations in the following sequence: (A) Deductibles. (B) Lifetime maximums. (C) Professional services. (D) Outpatient services. (E) Hospitalization services. (F) Emergency health coverage. (G) Ambulance services. (H) Prescription drug coverage. (I) Durable medical equipment. (J) Mental health services. (K) Chemical dependency services. (L) Home health services. (M) Other. (2) The following statement shall be placed at the top of the matrix in all capital letters in at least 10-point boldface type: THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE BENEFITS AND IS A SUMMARY ONLY. THE EVIDENCE OF COVERAGE AND PLAN CONTRACT SHOULD BE CONSULTED FOR A DETAILED DESCRIPTION OF COVERAGE BENEFITS AND LIMITATIONS. (3) (A) A health care service plan contract subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15), shall satisfy the requirements of this subdivision by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) and any rules or regulations issued thereunder. A health care service plan that issues the uniform summary of benefits referenced in this paragraph shall do both of the following: (i) Ensure that all applicable benefit disclosure requirements specified in this chapter and in Title 28 of the California Code of Regulations are met in other health plan documents provided to enrollees under the provisions of this chapter. (ii) Consistent with applicable law, advise applicants and enrollees, in a prominent place in the plan documents referenced in subdivision (a), that enrollees are not financially responsible in payment of emergency care services, in any amount that the health care service plan is obligated to pay, beyond the enrollee’s copayments, coinsurance, and deductibles as provided in the enrollee’s health care service plan contract. (B) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this paragraph shall constitute a vital document for the purposes of Section 1367.04. Not later than July 1, 2016, the department shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the department shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the department, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. (C) Subdivision (c) shall not apply to a health care service plan contract subject to subparagraph (A). (c) Nothing in this section shall prevent a plan from using appropriate footnotes or disclaimers to reasonably and fairly describe coverage arrangements in order to clarify any part of the matrix that may be unclear. (d) All plans, solicitors, and representatives of a plan shall, when presenting any plan contract for examination or sale to an individual prospective plan member, provide the individual with a properly completed disclosure form, as prescribed by the director pursuant to this section for each plan so examined or sold. (e) In the case of group contracts, the completed disclosure form and evidence of coverage shall be presented to the contractholder upon delivery of the completed health care service plan agreement. (f) Group contractholders shall disseminate copies of the completed disclosure form to all persons eligible to be a subscriber under the group contract at the time those persons are offered the plan. If the individual group members are offered a choice of plans, separate disclosure forms shall be supplied for each plan available. Each group contractholder shall also disseminate or cause to be disseminated copies of the evidence of coverage to all applicants, upon request, prior to enrollment and to all subscribers enrolled under the group contract. (g) In the case of conflicts between the group contract and the evidence of coverage, the provisions of the evidence of coverage shall be binding upon the plan notwithstanding any provisions in the group contract that may be less favorable to subscribers or enrollees. (h) In addition to the other disclosures required by this section, every health care service plan and any agent or employee of the plan shall, when presenting a plan for examination or sale to any individual purchaser or the representative of a group consisting of 25 or fewer individuals, disclose in writing the ratio of premium costs to health services paid for plan contracts with individuals and with groups of the same or similar size for the plan’s preceding fiscal year. A plan may report that information by geographic area, provided the plan identifies the geographic area and reports information applicable to that geographic area. (i) Subdivision (b) shall not apply to any coverage provided by a plan for the Medi-Cal program or the Medicare Program pursuant to Title XVIII and Title XIX of the federal Social Security Act. SEC. 2. Section 10603 of the Insurance Code, as amended by Section 8 of Chapter 1 of the First Extraordinary Session of the Statutes of 2013, is amended to read: 10603. (a) (1) On or before April 1, 1975, the commissioner shall promulgate a standard supplemental disclosure form for all disability insurance policies. Upon the appropriate disclosure form as prescribed by the commissioner, each insurer shall provide, in easily understood language and in a uniform, clearly organized manner, as prescribed and required by the commissioner, the summary information about each disability insurance policy offered by the insurer as the commissioner finds is necessary to provide for full and fair disclosure of the provisions of the policy. (2) On and after January 1, 2014, a disability insurer offering health insurance coverage subject to Section 2715 of the federal Public Health Service Act (42 U.S.C. Sec. 300gg-15) shall satisfy the requirements of this section and the implementing regulations by providing the uniform summary of benefits and coverage required under Section 2715 of the federal Public Health Service Act and any rules or regulations issued thereunder. An insurer that issues the federal uniform summary of benefits referenced in this paragraph shall ensure that all applicable disclosures required in this chapter and its implementing regulations are met in other documents provided to policyholders and insureds. An insurer subject to this paragraph shall provide the uniform summary of benefits and coverage to the commissioner together with the corresponding health insurance policy pursuant to Section 10290. (3) Commencing October 1, 2016, the uniform summary of benefits and coverage referenced in this subdivision shall constitute a vital document for the purposes of Section 10133.8. Not later than July 1, 2016, the commissioner shall develop written translations of the template uniform summary of benefits and coverage for all language groups identified by the State Department of Health Care Services in all plan letters as of August 27, 2014, for translation services pursuant to Section 14029.91 of the Welfare and Institutions Code, except for any language group for which the United States Department of Labor has already prepared a written translation. Not later than July 1, 2016, the commissioner shall make available on its Internet Web site written translations of the template uniform summary of benefits and coverage developed by the commissioner, and written translations prepared by the United States Department of Labor, if available, for any language group to which this subparagraph applies. (b) Nothing in this section shall preclude the disclosure form from being included with the evidence of coverage or certificate of coverage or policy. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 23663 of the Revenue and Taxation Code is amended to read: 23663. (a) (1) Notwithstanding any other law to the contrary , for each taxable year beginning on or after July 1, 2008, any credit allowed to a taxpayer under this chapter that is an eligible credit may be assigned by that taxpayer to any eligible assignee. (2) A credit assigned under paragraph (1) may only be applied by the eligible assignee only against the “tax” (as “tax,” as defined in Section 23036) 23036, of the eligible assignee in a taxable year beginning on or after January 1, 2010. (3) Except as specifically provided in this section, following an assignment of any eligible credit under this section, the eligible assignee shall be treated as if it originally earned the assigned credit. (b) For purposes of this section, the following definitions shall apply: (1) “Affiliated corporation” means a corporation that is a member of a commonly controlled group as defined in Section 25105. (2) “Eligible credit” shall mean: (A) Any credit earned by the taxpayer in a taxable year beginning on or after July 1, 2008, or (B) Any credit earned in any taxable year beginning before July 1, 2008, that is eligible to be carried forward to the taxpayer’s first taxable year beginning on or after July 1, 2008, under the provisions of this part. (3) “Eligible assignee” shall mean any affiliated corporation that is properly treated as a member of the same combined reporting group pursuant to Section 25101 or 25110 as the taxpayer assigning the eligible credit as of: (A) In the case of credits earned in taxable years beginning before July 1, 2008: (i) June 30, 2008, and (ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. (B) In the case of credits earned in taxable years beginning on or after July 1, 2008. (i) The last day of the first taxable year in which the credit was allowed to the taxpayer, and (ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. (c) (1) The election to assign any credit under subdivision (a) shall be irrevocable once made, and shall be made by the taxpayer allowed that credit on its original return for the taxable year in which the assignment is made. (2) The taxpayer assigning any credit under this section shall reduce the amount of its unused credit by the face amount of any credit assigned under this section, and the amount of the assigned credit shall not be available for application against the assigning taxpayer’s “tax” in any taxable year, nor shall it thereafter be included in the amount of any credit carryover of the assigning taxpayer. (3) The eligible assignee of any credit under this section may apply all or any portion of the assigned credits against the “tax” of the eligible assignee for the taxable year in which the assignment occurs, or any subsequent taxable year, subject to any carryover period limitations that apply to the assigned credit and also subject to the limitation in paragraph (2) of subdivision (a). (4) In no case may the The eligible assignee shall not sell, otherwise transfer, or thereafter assign the assigned credit to any other taxpayer. (d) (1) No consideration Consideration shall not be required to be paid by the eligible assignee to the assigning taxpayer for assignment of any credit under this section. (2) In the event that any consideration is paid by the eligible assignee to the assigning taxpayer for the transfer of an eligible credit under this section, then: (A) No A deduction shall not be allowed to the eligible assignee under this part with respect to any amounts so paid, and (B) No amounts Any amount so received by the assigning taxpayer shall not be includable in gross income under this part. (e) (1) The Franchise Tax Board shall specify the form and manner in which the election required under this section shall be made, as well as any necessary information that shall be required to be provided by the taxpayer assigning the credit to the eligible assignee. (2) Any taxpayer who assigns any credit under this section shall report any information, in the form and manner specified by the Franchise Tax Board, necessary to substantiate any credit assigned under this section and verify the assignment and subsequent application of any assigned credit. (3) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to paragraphs (1) and (2). (4) The Franchise Tax Board may issue any regulations regulation necessary to implement the purposes of this section, including any regulations regulation necessary to specify the treatment of any assignment that does not comply with the requirements of this section (including, for example, where if the taxpayer and eligible assignee are not properly treated as members of the same combined reporting group on any of the dates specified in paragraph (3) of subdivision (b). (f) (1) The taxpayer and the eligible assignee shall be jointly and severally liable for any tax, addition to tax, or penalty that results from the disallowance, in whole or in part, of any eligible credit assigned under this section. (2) Nothing in this This section shall not limit the authority of the Franchise Tax Board to audit either the assigning taxpayer or the eligible assignee with respect to any eligible credit assigned under this section. (g) On or before June 30, 2013, the Franchise Tax Board shall report to the Joint Legislative Budget Committee, the Legislative Analyst, and the relevant policy committees of both houses on the effects of this section. The report shall include, but need not be limited to, the following: (1) An estimate of use of credits in the 2010 and 2011 taxable years by eligible taxpayers. (2) An analysis of effect of this section on expanding business activity in the state related to these credits. (3) An estimate of the resulting tax revenue loss to the state. (4) The report shall cover all credits covered in this section, but focus on the credits related to research and development, economic incentive areas, and low-income housing.

The Corporation Tax Law allows various credits against the taxes imposed by that law. That law allows, for each taxable year beginning on or after July 1, 2008, any credit that is an eligible credit, as defined, to be assigned to any eligible assignee, as defined. This bill would make technical, nonsubstantive changes to this provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23663 of the Revenue and Taxation Code is amended to read: 23663. (a) (1) Notwithstanding any other law to the contrary , for each taxable year beginning on or after July 1, 2008, any credit allowed to a taxpayer under this chapter that is an eligible credit may be assigned by that taxpayer to any eligible assignee. (2) A credit assigned under paragraph (1) may only be applied by the eligible assignee only against the “tax” (as “tax,” as defined in Section 23036) 23036, of the eligible assignee in a taxable year beginning on or after January 1, 2010. (3) Except as specifically provided in this section, following an assignment of any eligible credit under this section, the eligible assignee shall be treated as if it originally earned the assigned credit. (b) For purposes of this section, the following definitions shall apply: (1) “Affiliated corporation” means a corporation that is a member of a commonly controlled group as defined in Section 25105. (2) “Eligible credit” shall mean: (A) Any credit earned by the taxpayer in a taxable year beginning on or after July 1, 2008, or (B) Any credit earned in any taxable year beginning before July 1, 2008, that is eligible to be carried forward to the taxpayer’s first taxable year beginning on or after July 1, 2008, under the provisions of this part. (3) “Eligible assignee” shall mean any affiliated corporation that is properly treated as a member of the same combined reporting group pursuant to Section 25101 or 25110 as the taxpayer assigning the eligible credit as of: (A) In the case of credits earned in taxable years beginning before July 1, 2008: (i) June 30, 2008, and (ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. (B) In the case of credits earned in taxable years beginning on or after July 1, 2008. (i) The last day of the first taxable year in which the credit was allowed to the taxpayer, and (ii) The last day of the taxable year of the assigning taxpayer in which the eligible credit is assigned. (c) (1) The election to assign any credit under subdivision (a) shall be irrevocable once made, and shall be made by the taxpayer allowed that credit on its original return for the taxable year in which the assignment is made. (2) The taxpayer assigning any credit under this section shall reduce the amount of its unused credit by the face amount of any credit assigned under this section, and the amount of the assigned credit shall not be available for application against the assigning taxpayer’s “tax” in any taxable year, nor shall it thereafter be included in the amount of any credit carryover of the assigning taxpayer. (3) The eligible assignee of any credit under this section may apply all or any portion of the assigned credits against the “tax” of the eligible assignee for the taxable year in which the assignment occurs, or any subsequent taxable year, subject to any carryover period limitations that apply to the assigned credit and also subject to the limitation in paragraph (2) of subdivision (a). (4) In no case may the The eligible assignee shall not sell, otherwise transfer, or thereafter assign the assigned credit to any other taxpayer. (d) (1) No consideration Consideration shall not be required to be paid by the eligible assignee to the assigning taxpayer for assignment of any credit under this section. (2) In the event that any consideration is paid by the eligible assignee to the assigning taxpayer for the transfer of an eligible credit under this section, then: (A) No A deduction shall not be allowed to the eligible assignee under this part with respect to any amounts so paid, and (B) No amounts Any amount so received by the assigning taxpayer shall not be includable in gross income under this part. (e) (1) The Franchise Tax Board shall specify the form and manner in which the election required under this section shall be made, as well as any necessary information that shall be required to be provided by the taxpayer assigning the credit to the eligible assignee. (2) Any taxpayer who assigns any credit under this section shall report any information, in the form and manner specified by the Franchise Tax Board, necessary to substantiate any credit assigned under this section and verify the assignment and subsequent application of any assigned credit. (3) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to paragraphs (1) and (2). (4) The Franchise Tax Board may issue any regulations regulation necessary to implement the purposes of this section, including any regulations regulation necessary to specify the treatment of any assignment that does not comply with the requirements of this section (including, for example, where if the taxpayer and eligible assignee are not properly treated as members of the same combined reporting group on any of the dates specified in paragraph (3) of subdivision (b). (f) (1) The taxpayer and the eligible assignee shall be jointly and severally liable for any tax, addition to tax, or penalty that results from the disallowance, in whole or in part, of any eligible credit assigned under this section. (2) Nothing in this This section shall not limit the authority of the Franchise Tax Board to audit either the assigning taxpayer or the eligible assignee with respect to any eligible credit assigned under this section. (g) On or before June 30, 2013, the Franchise Tax Board shall report to the Joint Legislative Budget Committee, the Legislative Analyst, and the relevant policy committees of both houses on the effects of this section. The report shall include, but need not be limited to, the following: (1) An estimate of use of credits in the 2010 and 2011 taxable years by eligible taxpayers. (2) An analysis of effect of this section on expanding business activity in the state related to these credits. (3) An estimate of the resulting tax revenue loss to the state. (4) The report shall cover all credits covered in this section, but focus on the credits related to research and development, economic incentive areas, and low-income housing. ### Summary: This text is a bill that would amend the California Revenue and Taxation Code to allow taxpayers to assign credits to affiliated corporations. ### Related Bills: This bill

The people of the State of California do enact as follows: SECTION 1. Section 1516 of the Health and Safety Code is amended to read: 1516. (a)A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services. (b)A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation. (c)A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain its capacity if issued a crisis nursery license until there is a change in the licensee’s program, location, or client population. (d)Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request. (e)Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services. (1)A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period. (2)The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request. (3)No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period. (f)A crisis nursery license shall be issued for a specific capacity determined by the department. (1)(A)The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children’s activities shall be included in the calculation of indoor space. This subparagraph shall not apply to a crisis nursery that is located in an office building. (B)There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space. (2)Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children. (3)A child who has been voluntarily placed in a crisis residential overnight program shall be included in the licensed capacity for crisis day services. (g)Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries. (h)For purposes of this section, the following definitions shall apply: (1)“Crisis day services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception. (2)“Crisis residential overnight program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days. (3)“Voluntarily placed” means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care of his or her children who are placed for temporary emergency care. “Voluntarily placed” does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency. SEC. 2. SECTION 1. Section 1596.810 is added to the Health and Safety Code, immediately following Section 1596.809, to read: 1596.810. A child day care facility, other than a family day care home, shall not be required to meet the square footage requirements of indoor activity space for child care centers if the facility is located in an office building.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, as defined, and crisis nurseries by the State Department of Social Services. Existing law requires that the maximum licensed capacity for those facilities be based on 35 square feet of indoor activity space per child. This bill would exempt those facilities from the 35 square footage requirement if the facility is located in an office building.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1516 of the Health and Safety Code is amended to read: 1516. (a)A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be licensed by the department to operate a crisis residential overnight program. Notwithstanding Section 1596.80, a crisis nursery may also provide crisis day services. (b)A crisis nursery shall be organized and operated on a nonprofit basis by either a private nonprofit corporation or a nonprofit public benefit corporation. (c)A facility licensed on or before January 1, 2004, as a group home for children under six years of age with a licensed capacity greater than 14 children, but less than 21 children, that provides crisis nursery services shall be allowed to retain its capacity if issued a crisis nursery license until there is a change in the licensee’s program, location, or client population. (d)Each crisis nursery shall collect and maintain information, in a format specified by the department, indicating the total number of children placed in the program, the length of stay for each child, the reasons given for the use of the crisis nursery, and the age of each child. This information shall be made available to the department upon request. (e)Notwithstanding Section 1596.80, a crisis nursery may provide crisis day services for children under six years of age at the same site that it is providing crisis residential overnight services. (1)A child shall not receive crisis day services at a crisis nursery for more than 30 calendar days, maximum of 12 hours per day, or a total of 360 hours, in a six-month period unless the department issues an exception to allow a child to receive additional crisis day services in a six-month period. (2)The department, upon receipt of an exception request pursuant to paragraph (1) and supporting documentation as required by the department, shall respond within five working days to approve or deny the request. (3)No more than two exceptions, in seven-calendar day or 84-hour increments, may be granted per child in a six-month period. (f)A crisis nursery license shall be issued for a specific capacity determined by the department. (1)(A)The maximum licensed capacity for crisis day services shall be based on 35 square feet of indoor activity space per child. Bedrooms, bathrooms, halls, offices, isolation areas, food-preparation areas, and storage places shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs, and other equipment intended for use as part of children’s activities shall be included in the calculation of indoor space. This subparagraph shall not apply to a crisis nursery that is located in an office building. (B)There shall be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools, adjacent pool decking, and natural or man-made hazards shall not be included in the calculation of outdoor activity space. (2)Except as provided in subdivision (c), the maximum licensed capacity for a crisis residential overnight program shall be 14 children. (3)A child who has been voluntarily placed in a crisis residential overnight program shall be included in the licensed capacity for crisis day services. (g)Exceptions to group home licensing regulations pursuant to subdivision (c) of Section 84200 of Title 22 of the California Code of Regulations, in effect on August 1, 2004, for county-operated or county-contracted emergency shelter care facilities that care for children under six years of age for no more than 30 days, shall be contained in regulations for crisis nurseries. (h)For purposes of this section, the following definitions shall apply: (1)“Crisis day services” means temporary, nonmedical care and supervision for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for less than 24 hours per day. Crisis day services shall be provided during a time period defined by the crisis nursery in its plan of operation, but not to exceed a period of 14 hours per day. The plan of operation shall assure sleeping arrangements are available for children there after 7 p.m. A child may not receive crisis day services at a crisis nursery for more than 30 calendar days, or a total of 360 hours, in a six-month period unless the department issues an exception. (2)“Crisis residential overnight program” means short-term, 24-hour nonmedical residential care and supervision, including overnight, for children under six years of age who are voluntarily placed by a parent or legal guardian due to a family crisis or stressful situation for no more than 30 days. (3)“Voluntarily placed” means a child, who is not receiving Aid to Families with Dependent Children-Foster Care, placed by a parent or legal guardian who retains physical custody of, and remains responsible for, the care of his or her children who are placed for temporary emergency care. “Voluntarily placed” does not include placement of a child who has been removed from the care and custody of his or her parent or legal guardian and placed in foster care by a child welfare services agency. SEC. 2. SECTION 1. Section 1596.810 is added to the Health and Safety Code, immediately following Section 1596.809, to read: 1596.810. A child day care facility, other than a family day care home, shall not be required to meet the square footage requirements of indoor activity space for child care centers if the facility is located in an office building. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1214.1 of the Penal Code is amended to read: 1214.1. (a) In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code. (b) (1) The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendant’s last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment. (2) Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. (c) If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment. (d) The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (e) Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties. SEC. 2. Section 42008.8 of the Vehicle Code is amended to read: 42008.8. (a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: (1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. (2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365. (3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. (4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. (b) A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code. (c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following: (1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. (2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code. (3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. (4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. (5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. (d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program. (e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: (1) The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). (2) The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). (3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program. (4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program. (f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153. (g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met: (1) The violation is an infraction violation filed with the court. (2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1). (3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. (4) The initial due date for payment of the fine or bail was on or before January 1, 2013. (5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section. (6) The person does not owe victim restitution on any case within the county. (7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code. (h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c). (2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c). (i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: (1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant. (2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan. (3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section. (4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program. (5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following: (A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code. (B) Posting on the department’s Internet Web site information regarding the amnesty program. (C) Personnel costs associated with the amnesty program. (j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county. (k) No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program. (l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code. (2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows: (A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. (B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: (i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund. (ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund. (m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.

Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment. This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge. Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified. This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1214.1 of the Penal Code is amended to read: 1214.1. (a) In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code. (b) (1) The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendant’s last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment. (2) Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. (c) If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment. (d) The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (e) Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties. SEC. 2. Section 42008.8 of the Vehicle Code is amended to read: 42008.8. (a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following: (1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines. (2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365. (3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid. (4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases. (b) A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code. (c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following: (1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule. (2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code. (3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code. (4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code. (5) Criminal conviction assessments pursuant to Section 70373 of the Government Code. (d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program. (e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply: (1) The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). (2) The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). (3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program. (4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program. (f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153. (g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met: (1) The violation is an infraction violation filed with the court. (2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1). (3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies. (4) The initial due date for payment of the fine or bail was on or before January 1, 2013. (5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section. (6) The person does not owe victim restitution on any case within the county. (7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code. (h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c). (2) If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c). (i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following: (1) Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant. (2) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan. (3) If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section. (4) A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program. (5) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following: (A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code. (B) Posting on the department’s Internet Web site information regarding the amnesty program. (C) Personnel costs associated with the amnesty program. (j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county. (k) No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program. (l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code. (2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows: (A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council. (B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur: (i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund. (ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund. (m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 12945.2 of the Government Code is amended to read: 12945.2. (a) Except as provided in subdivision (b), it is an unlawful employment practice for an employer to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request. (b) Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs fewer than 50 employees within 75 miles of the worksite where that employee is employed. (c) For purposes of this section: (1) “Child” means a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis. (2) “Employer” means either of the following: (A) Any person who directly employs 50 or more persons to perform services for a wage or salary. (B) The state, and any political or civil subdivision of the state and cities. (3) “Family care and medical leave” means any of the following: (A) Leave for reason of the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition. (C) Leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. (4) “Employment in the same or a comparable position” means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave. (5) “FMLA” means the federal Family and Medical Leave Act of 1993 (Public Law 103-3; 29 U.S.C. Sec. 2601 et seq.). (6) “Health care provider” means any of the following: (A) An individual holding either a physician’s and surgeon’s certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physician’s and surgeon’s certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition. (B) Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA. (7) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. (8) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: (A) Inpatient care in a hospital, hospice, or residential health care facility. (B) Continuing treatment or continuing supervision by a health care provider. (d) An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e). (e) An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employee’s accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employee’s own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee. (f) (1) During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a “group health plan” beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: (A) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. (B) The employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee. (2) (A) Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer at his or her discretion, may require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. (B) For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave. (g) During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation. (h) If the employee’s need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave. (i) If the employee’s need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision. (j) (1) An employer may require that an employee’s request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following: (A) The date on which the serious health condition commenced. (B) The probable duration of the condition. (C) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. (D) A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. (2) Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required. (k) (1) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following: (A) The date on which the serious health condition commenced. (B) The probable duration of the condition. (C) A statement that, due to the serious health condition, the employee is unable to perform the function of his or her position. (2) The employer may require that the employee obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required. (3) (A) In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1). (B) The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer. (C) In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1). (D) The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee. (4) As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from his or her health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee. (l) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: (1) An individual’s exercise of the right to family care and medical leave provided by subdivision (a). (2) An individual’s giving information or testimony as to his or her own family care and medical leave, or another person’s family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section. (m) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. (n) The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first. (o) This section shall be construed as separate and distinct from Section 12945. (p) Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences. (q) (1) Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: (A) The employee is a salaried employee who is among the highest paid 10 percent of the employer’s employees who are employed within 75 miles of the worksite at which that employee is employed. (B) The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer. (C) The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B). (2) In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C). (r) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. (s) It is an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.

The Moore-Brown-Roberti Family Rights Act makes it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee’s parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. The act provides that if the same employer employs both parents entitled to leave under the act, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in the act. The act defines “child” to mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or an adult dependent child. The act defines “family care and medical leave” to mean, among other things, leave for reason of the serious health condition of a child, and leave to care for a parent or a spouse who has a serious health condition. The act defines “parent” to mean a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would make various changes to the definitions described above, thereby expanding the persons and purposes for which leave is required to be provided under the act. The bill would redefine the term “child” to include a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status. The bill would expand the definition of leave with regard to caring for persons with a serious health condition to also include leave to care for a grandparent, grandchild, sibling, or domestic partner who has a serious health condition. The bill would include a parent-in-law in the definition of “parent.”

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 12945.2 of the Government Code is amended to read: 12945.2. (a) Except as provided in subdivision (b), it is an unlawful employment practice for an employer to refuse to grant a request by any employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to a total of 12 workweeks in any 12-month period for family care and medical leave. Family care and medical leave requested pursuant to this subdivision shall not be deemed to have been granted unless the employer provides the employee, upon granting the leave request, a guarantee of employment in the same or a comparable position upon the termination of the leave. The commission shall adopt a regulation specifying the elements of a reasonable request. (b) Notwithstanding subdivision (a), it shall not be an unlawful employment practice for an employer to refuse to grant a request for family care and medical leave by an employee if the employer employs fewer than 50 employees within 75 miles of the worksite where that employee is employed. (c) For purposes of this section: (1) “Child” means a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis. (2) “Employer” means either of the following: (A) Any person who directly employs 50 or more persons to perform services for a wage or salary. (B) The state, and any political or civil subdivision of the state and cities. (3) “Family care and medical leave” means any of the following: (A) Leave for reason of the birth of a child of the employee or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (B) Leave to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition. (C) Leave because of an employee’s own serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions. (4) “Employment in the same or a comparable position” means employment in a position that has the same or similar duties and pay that can be performed at the same or similar geographic location as the position held prior to the leave. (5) “FMLA” means the federal Family and Medical Leave Act of 1993 (Public Law 103-3; 29 U.S.C. Sec. 2601 et seq.). (6) “Health care provider” means any of the following: (A) An individual holding either a physician’s and surgeon’s certificate issued pursuant to Article 4 (commencing with Section 2080) of Chapter 5 of Division 2 of the Business and Professions Code, an osteopathic physician’s and surgeon’s certificate issued pursuant to Article 4.5 (commencing with Section 2099.5) of Chapter 5 of Division 2 of the Business and Professions Code, or an individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, who directly treats or supervises the treatment of the serious health condition. (B) Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA. (7) “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. (8) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either of the following: (A) Inpatient care in a hospital, hospice, or residential health care facility. (B) Continuing treatment or continuing supervision by a health care provider. (d) An employer shall not be required to pay an employee for any leave taken pursuant to subdivision (a), except as required by subdivision (e). (e) An employee taking a leave permitted by subdivision (a) may elect, or an employer may require the employee, to substitute, for leave allowed under subdivision (a), any of the employee’s accrued vacation leave or other accrued time off during this period or any other paid or unpaid time off negotiated with the employer. If an employee takes a leave because of the employee’s own serious health condition, the employee may also elect, or the employer may also require the employee, to substitute accrued sick leave during the period of the leave. However, an employee shall not use sick leave during a period of leave in connection with the birth, adoption, or foster care of a child, or to care for a child, parent, or spouse with a serious health condition, unless mutually agreed to by the employer and the employee. (f) (1) During any period that an eligible employee takes leave pursuant to subdivision (a) or takes leave that qualifies as leave taken under the FMLA, the employer shall maintain and pay for coverage under a “group health plan,” as defined in Section 5000(b)(1) of the Internal Revenue Code, for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave taken under the FMLA commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Nothing in the preceding sentence shall preclude an employer from maintaining and paying for coverage under a “group health plan” beyond 12 workweeks. An employer may recover the premium that the employer paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: (A) The employee fails to return from leave after the period of leave to which the employee is entitled has expired. (B) The employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subdivision (a) or other circumstances beyond the control of the employee. (2) (A) Any employee taking leave pursuant to subdivision (a) shall continue to be entitled to participate in employee health plans for any period during which coverage is not provided by the employer under paragraph (1), employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, pension and retirement plans, and supplemental unemployment benefit plans to the same extent and under the same conditions as apply to an unpaid leave taken for any purpose other than those described in subdivision (a). In the absence of these conditions an employee shall continue to be entitled to participate in these plans and, in the case of health and welfare employee benefit plans, including life insurance or short-term or long-term disability or accident insurance, or other similar plans, the employer at his or her discretion, may require the employee to pay premiums, at the group rate, during the period of leave not covered by any accrued vacation leave, or other accrued time off, or any other paid or unpaid time off negotiated with the employer, as a condition of continued coverage during the leave period. However, the nonpayment of premiums by an employee shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. (B) For purposes of pension and retirement plans, an employer shall not be required to make plan payments for an employee during the leave period, and the leave period shall not be required to be counted for purposes of time accrued under the plan. However, an employee covered by a pension plan may continue to make contributions in accordance with the terms of the plan during the period of the leave. (g) During a family care and medical leave period, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any collective bargaining agreement, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced, for purposes of layoff, recall, promotion, job assignment, and seniority-related benefits such as vacation. (h) If the employee’s need for a leave pursuant to this section is foreseeable, the employee shall provide the employer with reasonable advance notice of the need for the leave. (i) If the employee’s need for leave pursuant to this section is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the employer, subject to the approval of the health care provider of the individual requiring the treatment or supervision. (j) (1) An employer may require that an employee’s request for leave to care for a child, a spouse, or a parent who has a serious health condition be supported by a certification issued by the health care provider of the individual requiring care. That certification shall be sufficient if it includes all of the following: (A) The date on which the serious health condition commenced. (B) The probable duration of the condition. (C) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care. (D) A statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. (2) Upon expiration of the time estimated by the health care provider in subparagraph (C) of paragraph (1), the employer may require the employee to obtain recertification, in accordance with the procedure provided in paragraph (1), if additional leave is required. (k) (1) An employer may require that an employee’s request for leave because of the employee’s own serious health condition be supported by a certification issued by his or her health care provider. That certification shall be sufficient if it includes all of the following: (A) The date on which the serious health condition commenced. (B) The probable duration of the condition. (C) A statement that, due to the serious health condition, the employee is unable to perform the function of his or her position. (2) The employer may require that the employee obtain subsequent recertification regarding the employee’s serious health condition on a reasonable basis, in accordance with the procedure provided in paragraph (1), if additional leave is required. (3) (A) In any case in which the employer has reason to doubt the validity of the certification provided pursuant to this section, the employer may require, at the employer’s expense, that the employee obtain the opinion of a second health care provider, designated or approved by the employer, concerning any information certified under paragraph (1). (B) The health care provider designated or approved under subparagraph (A) shall not be employed on a regular basis by the employer. (C) In any case in which the second opinion described in subparagraph (A) differs from the opinion in the original certification, the employer may require, at the employer’s expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the employer and the employee, concerning the information certified under paragraph (1). (D) The opinion of the third health care provider concerning the information certified under paragraph (1) shall be considered to be final and shall be binding on the employer and the employee. (4) As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employer may have a uniformly applied practice or policy that requires the employee to obtain certification from his or her health care provider that the employee is able to resume work. Nothing in this paragraph shall supersede a valid collective bargaining agreement that governs the return to work of that employee. (l) It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any individual because of any of the following: (1) An individual’s exercise of the right to family care and medical leave provided by subdivision (a). (2) An individual’s giving information or testimony as to his or her own family care and medical leave, or another person’s family care and medical leave, in any inquiry or proceeding related to rights guaranteed under this section. (m) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. (n) The amendments made to this section by Chapter 827 of the Statutes of 1993 shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until February 5, 1994, whichever occurs first. (o) This section shall be construed as separate and distinct from Section 12945. (p) Leave provided for pursuant to this section may be taken in one or more periods. The 12-month period during which 12 workweeks of leave may be taken under this section shall run concurrently with the 12-month period under the FMLA, and shall commence the date leave taken under the FMLA commences. (q) (1) Notwithstanding subdivision (a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: (A) The employee is a salaried employee who is among the highest paid 10 percent of the employer’s employees who are employed within 75 miles of the worksite at which that employee is employed. (B) The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer. (C) The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under subparagraph (B). (2) In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (C). (r) Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability on account of pregnancy, childbirth, or related medical conditions. The aggregate amount of leave taken under this section or the FMLA, or both, except for leave taken for disability on account of pregnancy, childbirth, or related medical conditions, shall not exceed 12 workweeks in a 12-month period. An employee is entitled to take, in addition to the leave provided for under this section and the FMLA, the leave provided for in Section 12945, if the employee is otherwise qualified for that leave. (s) It is an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section. ### Summary: This text is a summary of the bill. ### Instruction: This text is a summary of the bill. ### Text: The people of the

The people of the State of California do enact as follows: SECTION 1. Section 14134.5 of the Welfare and Institutions Code is amended to read: 14134.5. All of the following provisions apply to the provision of services pursuant to subdivision (u) of Section 14132: (a) “Comprehensive perinatal provider” means any general practice physician, family practice physician, obstetrician-gynecologist, pediatrician, certified nurse midwife, a group, any of whose members is one of the above-named providers, or any preferred provider organization or clinic enrolled in the Medi-Cal program and certified pursuant to the standards of this section. (b) “Perinatal” means the period from the establishment of pregnancy to one month following delivery. (c) “Comprehensive perinatal services” shall include, but not be limited to, the provision of the combination of services developed through the former Department of Health Services Obstetrical Access Pilot Program provided or coordinated by a comprehensive perinatal provider. (d) The comprehensive perinatal provider shall schedule visits with appropriate providers and shall track the patient to verify whether services have been received. As part of the reimbursement for coordinating these services, the comprehensive perinatal provider shall ensure the provision of the following services either through the provider’s own service or through subcontracts or referrals to other providers: (1) A psychosocial assessment and when appropriate referrals to counseling. (2) Nutrition assessments and when appropriate referral to counseling on food supplement programs, vitamins, and breastfeeding. (3) Health, childbirth, and parenting education. (e) (1) Except where existing law prohibits the employment of physicians, a health care provider may employ or contract with all of the following medical and other practitioners for the purpose of providing the comprehensive services delineated in this section: (A) Physicians, including a general practitioner, a family practice physician, a pediatrician, or an obstetrician-gynecologist. (B) Certified nurse midwives. (C) Licensed midwives. (D) Nurses. (E) Nurse practitioners. (F) Physician assistants. (G) Social workers. (H) Health and childbirth educators. (I) Registered dietitians. (2) The department shall adopt regulations that define the qualifications of any of these practitioners who are not currently included under the regulations adopted pursuant to this chapter. Providers shall, as feasible, utilize staffing patterns that reflect the linguistic and cultural features of the populations they serve. (f) The California Medical Assistance Program and the Maternal and Child Health Branch of the State Department of Public Health in consultation with the California Conference of Local Health Officers shall establish standards for health care providers and for services rendered pursuant to this subdivision. (g) The department shall assist local health departments to establish a community perinatal program whose responsibilities may include certifying and monitoring providers of comprehensive perinatal services. The department shall provide the local health departments with technical assistance for the purpose of implementing the community perinatal program. The department shall, to the extent feasible, and to the extent funding for administrative costs is available, utilize local health departments in the administration of the perinatal program. If these funds are not available, the department shall use alternative means to implement the community perinatal program. (h) (1) It is the intent of the Legislature that the department shall establish a method for reimbursement of comprehensive perinatal providers that shall include a fee for coordinating services and shall be sufficient to cover reasonable costs for the provision of comprehensive perinatal services. The department may utilize fees for service, capitated fees, or global fees to reimburse providers. However, if capitated or global fees are established, the department shall set minimum standards for the provision of services including, but not limited to, the number of prenatal visits and the amount and type of psychosocial, nutritional, and educational services patients shall receive. (2) Notwithstanding the type of reimbursement system, the comprehensive perinatal provider shall not be financially at risk for the provision of inpatient services. The provision of inpatient services that are not related to perinatal care shall not be subject to the provisions of this section. Inpatient services related to services pursuant to this subdivision shall be reimbursed, in accordance with Section 14081, 14086, 14087, or 14087.2, whichever is applicable. (i) The department shall develop systems for the monitoring and oversight of the comprehensive perinatal services provided in this section. The monitoring shall include, but shall not be limited to, the collection of information using the perinatal data form. (j) Participation for services provided pursuant to this section shall be voluntary. The department shall adopt patient rights safeguards for recipients of the comprehensive perinatal services. (k) The amendments made to this section by the act that added this subdivision shall not be construed to revise or expand the scope of practice of licensed midwives, as defined in Article 24 (commencing with Section 2505) of Chapter 5 of Division 2 of the Business and Professions Code. (l) Notwithstanding subdivision (a), on the effective date of the regulations adopted by the Medical Board of California pursuant to Section 2507 of the Business and Professions Code, a licensed midwife shall be eligible to serve as a comprehensive perinatal provider. SEC. 2. The State Department of Health Care Services shall commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of the amendments made to Section 14134.5 of the Welfare and Institutions Code by this act, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including comprehensive perinatal services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, to the extent that federal financial participation is available, requires that midwifery services provided by a licensed midwife be covered under the Medi-Cal program. Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. Existing law authorizes a licensed midwife to assist a woman only in normal pregnancy and childbirth, which is defined as meeting specified conditions, including, among others, a pregnancy in which there is an absence of any preexisting maternal disease or condition likely to affect the pregnancy and of significant disease arising from the pregnancy. Existing law requires the board to adopt regulations further specifying those conditions. Existing law establishes the Comprehensive Perinatal Services Program, administered by the State Department of Public Health, to maintain, to the extent resources are available, a permanent statewide community-based comprehensive perinatal system to provide care and services to low-income pregnant women and their infants who are considered underserved in terms of comprehensive perinatal care. Existing law generally authorizes a health care provider to employ or contract specified practitioners, including physicians and certified nurse midwives, for the purpose of providing comprehensive perinatal services. This bill would additionally authorize a health care provider to employ or contract licensed midwives for the purpose of providing comprehensive perinatal services. The bill would provide that, on the effective date of the regulations adopted by the board pursuant to the provisions described above, a licensed midwife shall be eligible to serve as a “comprehensive perinatal provider,” as defined. The bill would declare that its provisions shall not be construed to revise or expand the scope of practice, as defined, of licensed midwives. The bill would require the State Department of Health Care Services to commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of this bill.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14134.5 of the Welfare and Institutions Code is amended to read: 14134.5. All of the following provisions apply to the provision of services pursuant to subdivision (u) of Section 14132: (a) “Comprehensive perinatal provider” means any general practice physician, family practice physician, obstetrician-gynecologist, pediatrician, certified nurse midwife, a group, any of whose members is one of the above-named providers, or any preferred provider organization or clinic enrolled in the Medi-Cal program and certified pursuant to the standards of this section. (b) “Perinatal” means the period from the establishment of pregnancy to one month following delivery. (c) “Comprehensive perinatal services” shall include, but not be limited to, the provision of the combination of services developed through the former Department of Health Services Obstetrical Access Pilot Program provided or coordinated by a comprehensive perinatal provider. (d) The comprehensive perinatal provider shall schedule visits with appropriate providers and shall track the patient to verify whether services have been received. As part of the reimbursement for coordinating these services, the comprehensive perinatal provider shall ensure the provision of the following services either through the provider’s own service or through subcontracts or referrals to other providers: (1) A psychosocial assessment and when appropriate referrals to counseling. (2) Nutrition assessments and when appropriate referral to counseling on food supplement programs, vitamins, and breastfeeding. (3) Health, childbirth, and parenting education. (e) (1) Except where existing law prohibits the employment of physicians, a health care provider may employ or contract with all of the following medical and other practitioners for the purpose of providing the comprehensive services delineated in this section: (A) Physicians, including a general practitioner, a family practice physician, a pediatrician, or an obstetrician-gynecologist. (B) Certified nurse midwives. (C) Licensed midwives. (D) Nurses. (E) Nurse practitioners. (F) Physician assistants. (G) Social workers. (H) Health and childbirth educators. (I) Registered dietitians. (2) The department shall adopt regulations that define the qualifications of any of these practitioners who are not currently included under the regulations adopted pursuant to this chapter. Providers shall, as feasible, utilize staffing patterns that reflect the linguistic and cultural features of the populations they serve. (f) The California Medical Assistance Program and the Maternal and Child Health Branch of the State Department of Public Health in consultation with the California Conference of Local Health Officers shall establish standards for health care providers and for services rendered pursuant to this subdivision. (g) The department shall assist local health departments to establish a community perinatal program whose responsibilities may include certifying and monitoring providers of comprehensive perinatal services. The department shall provide the local health departments with technical assistance for the purpose of implementing the community perinatal program. The department shall, to the extent feasible, and to the extent funding for administrative costs is available, utilize local health departments in the administration of the perinatal program. If these funds are not available, the department shall use alternative means to implement the community perinatal program. (h) (1) It is the intent of the Legislature that the department shall establish a method for reimbursement of comprehensive perinatal providers that shall include a fee for coordinating services and shall be sufficient to cover reasonable costs for the provision of comprehensive perinatal services. The department may utilize fees for service, capitated fees, or global fees to reimburse providers. However, if capitated or global fees are established, the department shall set minimum standards for the provision of services including, but not limited to, the number of prenatal visits and the amount and type of psychosocial, nutritional, and educational services patients shall receive. (2) Notwithstanding the type of reimbursement system, the comprehensive perinatal provider shall not be financially at risk for the provision of inpatient services. The provision of inpatient services that are not related to perinatal care shall not be subject to the provisions of this section. Inpatient services related to services pursuant to this subdivision shall be reimbursed, in accordance with Section 14081, 14086, 14087, or 14087.2, whichever is applicable. (i) The department shall develop systems for the monitoring and oversight of the comprehensive perinatal services provided in this section. The monitoring shall include, but shall not be limited to, the collection of information using the perinatal data form. (j) Participation for services provided pursuant to this section shall be voluntary. The department shall adopt patient rights safeguards for recipients of the comprehensive perinatal services. (k) The amendments made to this section by the act that added this subdivision shall not be construed to revise or expand the scope of practice of licensed midwives, as defined in Article 24 (commencing with Section 2505) of Chapter 5 of Division 2 of the Business and Professions Code. (l) Notwithstanding subdivision (a), on the effective date of the regulations adopted by the Medical Board of California pursuant to Section 2507 of the Business and Professions Code, a licensed midwife shall be eligible to serve as a comprehensive perinatal provider. SEC. 2. The State Department of Health Care Services shall commence, no later than March 1, 2016, the revision of existing regulations as it determines are necessary for the implementation of the amendments made to Section 14134.5 of the Welfare and Institutions Code by this act, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 2516.5 is added to the Business and Professions Code, to read: 2516.5. (a) As used in this section, the following definitions apply: (1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative, clerical, and midwife technical supportive services in accordance with this chapter for a licensed midwife or certified nurse-midwife, is at least 18 years of age, and has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board for a medical assistant pursuant to Section 2069. The midwife assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. Each employer of the midwife assistant or the midwife assistant shall retain a copy of the certificate as a record. (2) “Midwife technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a midwife assistant who has limited training and who functions under the supervision of a licensed midwife or certified nurse-midwife. (3) “Specific authorization” means a specific written order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed. A notation of the standing order shall be placed in the patient’s medical record. (4) “Supervision” means the supervision of procedures authorized by this section by a licensed midwife or certified nurse-midwife, within his or her scope of practice, who is physically present on the premises during the performance of those procedures. (b) Notwithstanding any other provision of law, a midwife assistant may do all of the following: (1) Administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical support services upon the specific authorization and supervision of a licensed midwife or certified nurse-midwife. A midwife assistant may also perform all these tasks and services in a clinic licensed in accordance with subdivision (a) of Section 1204 of the Health and Safety Code upon the specific authorization of a licensed midwife or certified nurse-midwife. (2) Perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed midwife or certified nurse-midwife, if the midwife assistant has met the educational and training requirements for medical assistants as established in Section 2070. Each employer of the assistant shall retain a copy of any related certificates as a record. (3) Perform the following midwife technical support services: (A) Administer medications orally, sublingually, topically, or rectally, or by providing a single dose to a patient for immediate self-administration, and administer oxygen at the direction of the supervising licensed midwife or certified nurse-midwife. The licensed midwife or certified nurse-midwife shall verify the correct medication and dosage before the midwife assistant administers medication. (B) Assist in immediate newborn care when the licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. (C) Assist in placement of the device used for auscultation of fetal heart tones when a licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. (D) Collect by noninvasive techniques and preserve specimens for testing, including, but not limited to, urine. (E) Assist patients to and from a patient examination room, bed, or bathroom. (F) Assist patients in activities of daily living, such as assisting with bathing or clothing. (G) As authorized by the licensed midwife or certified nurse-midwife, provide patient information and instructions. (H) Collect and record patient data, including height, weight, temperature, pulse, respiration rate, blood pressure, and basic information about the presenting and previous conditions. (I) Perform simple laboratory and screening tests customarily performed in a medical or midwife office. (4) Perform additional midwife technical support services under regulations and standards established by the board. (c) (1) Nothing in this section shall be construed as authorizing the licensure of midwife assistants. Nothing in this section shall be construed as authorizing the administration of local anesthetic agents by a midwife assistant. Nothing in this section shall be construed as authorizing the board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. (2) Nothing in this section shall be construed as authorizing a midwife assistant to perform any clinical laboratory test or examination for which he or she is not authorized under Chapter 3 (commencing with Section 1200). (d) Notwithstanding any other law, a midwife assistant shall not be employed for inpatient care in a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

The Licensed Midwifery Practice Act of 1993 provides for the licensing and regulation of midwives by the Medical Board of California. The license to practice midwifery authorizes the holder to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family planning care, for the mother, and immediate care for the newborn. The Licensed Midwifery Practice Act of 1993 requires a midwife to refer to a physician and surgeon under prescribed circumstances. A violation of the Licensed Midwifery Practice Act of 1993 is a crime. The Nursing Practice Act provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing and authorizes the board to issue a certificate to practice nurse-midwifery to a person who meets educational standards established by the board or the equivalent of those educational standards. The Nursing Practice Act authorizes a certified nurse-midwife, under the supervision of a licensed physician and surgeon, to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn, and provides that the practice of nurse-midwifery constitutes the furthering or undertaking by a certified person, under the supervision of a licensed physician and surgeon who has current practice or training in obstetrics, to assist a woman in childbirth so long as progress meets criteria accepted as normal. This bill would authorize a midwife assistant to perform certain assistive activities under the supervision of a licensed midwife or certified nurse-midwife, including the administration of medicine, the withdrawing of blood, and midwife technical support services. The bill would define terms for these purposes. The bill would prohibit a midwife assistant from being employed for inpatient care in a licensed general acute care hospital. By adding new requirements and prohibitions to the Licensed Midwifery Practice Act of 1993, the violation of which would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2516.5 is added to the Business and Professions Code, to read: 2516.5. (a) As used in this section, the following definitions apply: (1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative, clerical, and midwife technical supportive services in accordance with this chapter for a licensed midwife or certified nurse-midwife, is at least 18 years of age, and has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board for a medical assistant pursuant to Section 2069. The midwife assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. Each employer of the midwife assistant or the midwife assistant shall retain a copy of the certificate as a record. (2) “Midwife technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a midwife assistant who has limited training and who functions under the supervision of a licensed midwife or certified nurse-midwife. (3) “Specific authorization” means a specific written order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising midwife or supervising nurse-midwife authorizing the procedures to be performed. A notation of the standing order shall be placed in the patient’s medical record. (4) “Supervision” means the supervision of procedures authorized by this section by a licensed midwife or certified nurse-midwife, within his or her scope of practice, who is physically present on the premises during the performance of those procedures. (b) Notwithstanding any other provision of law, a midwife assistant may do all of the following: (1) Administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical support services upon the specific authorization and supervision of a licensed midwife or certified nurse-midwife. A midwife assistant may also perform all these tasks and services in a clinic licensed in accordance with subdivision (a) of Section 1204 of the Health and Safety Code upon the specific authorization of a licensed midwife or certified nurse-midwife. (2) Perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific authorization and under the supervision of a licensed midwife or certified nurse-midwife, if the midwife assistant has met the educational and training requirements for medical assistants as established in Section 2070. Each employer of the assistant shall retain a copy of any related certificates as a record. (3) Perform the following midwife technical support services: (A) Administer medications orally, sublingually, topically, or rectally, or by providing a single dose to a patient for immediate self-administration, and administer oxygen at the direction of the supervising licensed midwife or certified nurse-midwife. The licensed midwife or certified nurse-midwife shall verify the correct medication and dosage before the midwife assistant administers medication. (B) Assist in immediate newborn care when the licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. (C) Assist in placement of the device used for auscultation of fetal heart tones when a licensed midwife or certified nurse-midwife is engaged in a concurrent activity that precludes the licensed midwife or certified nurse-midwife from doing so. (D) Collect by noninvasive techniques and preserve specimens for testing, including, but not limited to, urine. (E) Assist patients to and from a patient examination room, bed, or bathroom. (F) Assist patients in activities of daily living, such as assisting with bathing or clothing. (G) As authorized by the licensed midwife or certified nurse-midwife, provide patient information and instructions. (H) Collect and record patient data, including height, weight, temperature, pulse, respiration rate, blood pressure, and basic information about the presenting and previous conditions. (I) Perform simple laboratory and screening tests customarily performed in a medical or midwife office. (4) Perform additional midwife technical support services under regulations and standards established by the board. (c) (1) Nothing in this section shall be construed as authorizing the licensure of midwife assistants. Nothing in this section shall be construed as authorizing the administration of local anesthetic agents by a midwife assistant. Nothing in this section shall be construed as authorizing the board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052. (2) Nothing in this section shall be construed as authorizing a midwife assistant to perform any clinical laboratory test or examination for which he or she is not authorized under Chapter 3 (commencing with Section 1200). (d) Notwithstanding any other law, a midwife assistant shall not be employed for inpatient care in a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 69 of the Penal Code is amended to read: 69. (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. (b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a). SEC. 2. Section 148 of the Penal Code is amended to read: 148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. (c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: (1) The officer’s holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer’s holster by the defendant. (3) The firearm safety was released by the defendant. (4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. (5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. (6) The defendant’s fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. (e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. (g) The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.

Under existing law, every person who deters or prevents an executive officer from performing any of his or her duties, or knowingly resists the officer, is punishable by a fine or imprisonment, or both, as specified. This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision. Under existing law, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any of his or her duties shall be punished by a fine or imprisonment, or both, as specified. This bill would provide that the fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, is not, in and of itself, a violation of the above-mentioned provision, nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 69 of the Penal Code is amended to read: 69. (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment. (b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a). SEC. 2. Section 148 of the Penal Code is amended to read: 148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. (2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. (c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a firearm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170. In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred: (1) The officer’s holster strap was unfastened by the defendant. (2) The firearm was partially removed from the officer’s holster by the defendant. (3) The firearm safety was released by the defendant. (4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm. (5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it. (6) The defendant’s fingerprint was found on the firearm or holster. (7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm. (8) In the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up. (e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of subdivision (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A person may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims. (f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act. (g) The fact that a person takes a photograph or makes an audio or video recording of a public officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a), nor does it constitute reasonable suspicion to detain the person or probable cause to arrest the person. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Part 40.2 (commencing with Section 67430) is added to Division 5 of Title 3 of the Education Code, to read: PART 40.2. THE CALIFORNIA PROMISE 67430. This part shall be known, and may be cited, as the California Promise. 67431. For purposes of this part, the following terms have the following meanings: (a) “Academic year of the student’s first year of enrollment” means the first full academic year in which a person is a student at the California State University. (b) “Campus” means a campus within the California State University system as set forth in Section 89001. (c) “Transfer student” is a student who earned an associate degree for transfer from a California community college. (d) “Trustees” means the Trustees of the California State University. 67432. The California Promise is hereby established to support California State University students in earning a baccalaureate degree within four academic years of the student’s first year of enrollment or, for transfer students within two academic years of the student’s first year of enrollment to the campus. 67433. The Legislature finds and declares all of the following: (a) A more concerted, statewide effort to create pathways to four-year graduation is needed at the California State University. For the 2010 cohort of full-time, first-time students at the California State University, 19 percent graduated within four academic years. According to the Legislative Analyst’s Office, the most recent nationally comparable data shows that the California State University’s overall four-year graduation rate was 16 percent in 2011, below the national rate of 26 percent among similar public institutions. (b) Impediments students face in graduating within four academic years include the inability to complete sufficient units per academic year or take courses that are part of their degree programs. (c) New approaches are critical for the future of higher education in California. Efforts have been ongoing, though sporadic, to improve postsecondary educational institution enrollment and graduation. These efforts will need to be intensified and made more broadly systemic. (d) Students who graduate within four academic years save tens of thousands of dollars. In addition to the direct costs of extended college and university enrollment, students miss out on earnings in the workforce while they remain in school. (e) According to the Public Policy Institute of California, if bold measures are not taken, California will fall short of the state’s economic demand by 1.1 million college and university graduates by 2030. An increased demand for highly educated workers will outweigh the number of qualified applicants for available jobs, which will be exacerbated when scores of highly educated baby boomers retire. The share of workers with a baccalaureate degree will be 33 percent in 2030, below the 38 percent that will be needed. (f) The impact of graduation rates from California State University campuses is felt not only throughout the state, but also the nation. One out of every 10 California employees is a California State University graduate, while one out of every 20 United States citizens with a college or university degree graduates from a campus of the California State University. These statistics emphasize the national importance of graduation rates at California State University campuses. (g) It is the intent of the Legislature that the California State University system include the California Promise as a component of the plan submitted to the Legislature and the Department of Finance to increase graduation rates at CSU campuses above those at other institutions and increase graduation rates for low-income students, first-generation students, and students from underrepresented minority groups as quickly as possible. (h) The California Promise programs established at the California State University in accordance with this part should aim to reflect the demographics of their respective campuses and make the benefits provided available on an equitable basis considering the populations attending each campus. 67434. (a) The trustees shall develop and implement a California Promise program that complies with this part. (b) Commencing with the 2017–18 academic year, a minimum of eight campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying student who is enrolled at the campus and who is not a transfer student to support the student in earning a baccalaureate degree within four academic years of the academic year of the student’s first year of enrollment. (c) Commencing with the 2017–18 academic year, a minimum of 15 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree program within two academic years of the student’s first year of enrollment to the campus, as applicable. (d) Commencing with the 2018–19 academic year, a minimum of 20 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable. (e)To be a qualifying entering student or transfer student at the California State University, the student must comply with both of the following: (1) Be a California resident for purposes of in-state tuition eligibility. (2) Commit to completing at least 30 semester units or the quarter equivalent per academic year. Units completed by the student during a summer term may count towards the previous or following academic year as determined by the trustees. (f) Each College Promise program shall be reviewed by a graduation initiative advisory committee of the campus or a committee with similar functions designated by the president of the campus. (g) (1) A campus shall guarantee participation in the program to, at a minimum, any student who is any of the following: (A) A low-income student. For purposes of this section, “low-income student” shall have the same meaning as specified in Section 89295. (B) A student who has graduated from a high school located in a community that is underrepresented in college attendance. (C) A student who is a first-generation college student. (D) A transfer student. (2) It is the intent of the Legislature that the California Promise program at each campus accommodate as many students into the program as feasible and in consideration of available funding. (h) Support provided by a California State University campus to a student who participates in the California Promise program shall include, but not necessarily be limited to, both of the following: (1) (A) Priority registration in coursework. (B) For purposes of this paragraph, a student shall not receive priority registration in coursework under the program if he or she qualifies for priority registration under another policy or program, as determined by the campus or the Office of the Chancellor of the California State University. (C) A graduation initiative advisory committee of the campus, or a committee with similar functions designated by the president of the campus, shall consider pre-existing priority registration policies when implementing this section. (2) Academic advisement that includes monitoring the student’s academic progress. (i) (1) The trustees shall develop application criteria, administrative guidelines, and additional requirements, including how campuses will measure student success, for purposes of implementing and administering the California Promise program. (2) As a condition of continued participation in a California Promise program, a student may be required to demonstrate both of the following: (A) Completion of at least 30 semester units, or the quarter equivalent, in each prior academic year. (B) Attainment of a grade point average in excess of a standard established by the campus. (3) In implementing this part, the trustees shall take into consideration the report on graduation rates required pursuant to Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016. (j) (1) The trustees shall submit a report to the appropriate policy and fiscal committees of the Legislature by July 1, 2021, that includes all of the following: (A) The number of students participating in the program in total, by campus, and disaggregated based on the following: (i) Whether the student entered as a first-time freshman or a transfer student. (ii) Whether the student is a first-generation college student. (iii) Whether the student is a recipient of financial aid under the Federal Pell Grant Program (20 U.S.C. Sec. 1070a) or the Cal Grant Program established in Chapter 1.7 (commencing with Section 69430) of Part 42. (iv) According to the student’s ethnicity. (B) The total number of students who graduated in four academic years for students who entered as first-time freshmen, and two academic years, for students who entered as transfer students, in total, by campus, and disaggregated based on the characteristics identified in clauses (i) to (iv), inclusive, or subparagraph (A). (2) The report required by paragraph (1) shall include a summary description of significant differences in the implementation of the California Promise program at each campus. (k) The trustees shall submit recommendations to the appropriate policy and fiscal committees of the Legislature by March 15, 2017, regarding potential financial incentives that could benefit students who participate in the California Promise program. (l) A student who successfully completes his or her associate degree for transfer at a community college shall be guaranteed participation in the California Promise program at the California State University transfer campus, if established. (m) The trustees shall make every effort to close the achievement gap and encourage broad participation in a California Promise program that reflects the demographic populations served by the campus. 67435. This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.

Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as 2 of the segments of public postsecondary education in this state. This bill would establish the California Promise, which would require specified minimum numbers of campuses of the California State University to establish a California Promise program by which the campus would enter into a pledge with a student who satisfies specified criteria to support the student in earning a baccalaureate degree within 4 academic years, or if the student is a community college transfer student who earned an associate degree for transfer, within 2 academic years, of the academic year of the student’s first year of enrollment, as specified. The bill would require the trustees to submit, by July 1, 2021, a report to the appropriate policy and fiscal committees of the Legislature that includes specified information about students who participate in the program and a summary description of significant differences in implementation of the program by campuses. The bill would require the trustees to submit recommendations, by March 15, 2017, to the appropriate policy and fiscal committees of the Legislature regarding potential financial incentives that could benefit students who participate in the program. The bill’s provisions would be repealed as of January 1, 2026.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Part 40.2 (commencing with Section 67430) is added to Division 5 of Title 3 of the Education Code, to read: PART 40.2. THE CALIFORNIA PROMISE 67430. This part shall be known, and may be cited, as the California Promise. 67431. For purposes of this part, the following terms have the following meanings: (a) “Academic year of the student’s first year of enrollment” means the first full academic year in which a person is a student at the California State University. (b) “Campus” means a campus within the California State University system as set forth in Section 89001. (c) “Transfer student” is a student who earned an associate degree for transfer from a California community college. (d) “Trustees” means the Trustees of the California State University. 67432. The California Promise is hereby established to support California State University students in earning a baccalaureate degree within four academic years of the student’s first year of enrollment or, for transfer students within two academic years of the student’s first year of enrollment to the campus. 67433. The Legislature finds and declares all of the following: (a) A more concerted, statewide effort to create pathways to four-year graduation is needed at the California State University. For the 2010 cohort of full-time, first-time students at the California State University, 19 percent graduated within four academic years. According to the Legislative Analyst’s Office, the most recent nationally comparable data shows that the California State University’s overall four-year graduation rate was 16 percent in 2011, below the national rate of 26 percent among similar public institutions. (b) Impediments students face in graduating within four academic years include the inability to complete sufficient units per academic year or take courses that are part of their degree programs. (c) New approaches are critical for the future of higher education in California. Efforts have been ongoing, though sporadic, to improve postsecondary educational institution enrollment and graduation. These efforts will need to be intensified and made more broadly systemic. (d) Students who graduate within four academic years save tens of thousands of dollars. In addition to the direct costs of extended college and university enrollment, students miss out on earnings in the workforce while they remain in school. (e) According to the Public Policy Institute of California, if bold measures are not taken, California will fall short of the state’s economic demand by 1.1 million college and university graduates by 2030. An increased demand for highly educated workers will outweigh the number of qualified applicants for available jobs, which will be exacerbated when scores of highly educated baby boomers retire. The share of workers with a baccalaureate degree will be 33 percent in 2030, below the 38 percent that will be needed. (f) The impact of graduation rates from California State University campuses is felt not only throughout the state, but also the nation. One out of every 10 California employees is a California State University graduate, while one out of every 20 United States citizens with a college or university degree graduates from a campus of the California State University. These statistics emphasize the national importance of graduation rates at California State University campuses. (g) It is the intent of the Legislature that the California State University system include the California Promise as a component of the plan submitted to the Legislature and the Department of Finance to increase graduation rates at CSU campuses above those at other institutions and increase graduation rates for low-income students, first-generation students, and students from underrepresented minority groups as quickly as possible. (h) The California Promise programs established at the California State University in accordance with this part should aim to reflect the demographics of their respective campuses and make the benefits provided available on an equitable basis considering the populations attending each campus. 67434. (a) The trustees shall develop and implement a California Promise program that complies with this part. (b) Commencing with the 2017–18 academic year, a minimum of eight campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying student who is enrolled at the campus and who is not a transfer student to support the student in earning a baccalaureate degree within four academic years of the academic year of the student’s first year of enrollment. (c) Commencing with the 2017–18 academic year, a minimum of 15 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree program within two academic years of the student’s first year of enrollment to the campus, as applicable. (d) Commencing with the 2018–19 academic year, a minimum of 20 campuses shall have established a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable. (e)To be a qualifying entering student or transfer student at the California State University, the student must comply with both of the following: (1) Be a California resident for purposes of in-state tuition eligibility. (2) Commit to completing at least 30 semester units or the quarter equivalent per academic year. Units completed by the student during a summer term may count towards the previous or following academic year as determined by the trustees. (f) Each College Promise program shall be reviewed by a graduation initiative advisory committee of the campus or a committee with similar functions designated by the president of the campus. (g) (1) A campus shall guarantee participation in the program to, at a minimum, any student who is any of the following: (A) A low-income student. For purposes of this section, “low-income student” shall have the same meaning as specified in Section 89295. (B) A student who has graduated from a high school located in a community that is underrepresented in college attendance. (C) A student who is a first-generation college student. (D) A transfer student. (2) It is the intent of the Legislature that the California Promise program at each campus accommodate as many students into the program as feasible and in consideration of available funding. (h) Support provided by a California State University campus to a student who participates in the California Promise program shall include, but not necessarily be limited to, both of the following: (1) (A) Priority registration in coursework. (B) For purposes of this paragraph, a student shall not receive priority registration in coursework under the program if he or she qualifies for priority registration under another policy or program, as determined by the campus or the Office of the Chancellor of the California State University. (C) A graduation initiative advisory committee of the campus, or a committee with similar functions designated by the president of the campus, shall consider pre-existing priority registration policies when implementing this section. (2) Academic advisement that includes monitoring the student’s academic progress. (i) (1) The trustees shall develop application criteria, administrative guidelines, and additional requirements, including how campuses will measure student success, for purposes of implementing and administering the California Promise program. (2) As a condition of continued participation in a California Promise program, a student may be required to demonstrate both of the following: (A) Completion of at least 30 semester units, or the quarter equivalent, in each prior academic year. (B) Attainment of a grade point average in excess of a standard established by the campus. (3) In implementing this part, the trustees shall take into consideration the report on graduation rates required pursuant to Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016. (j) (1) The trustees shall submit a report to the appropriate policy and fiscal committees of the Legislature by July 1, 2021, that includes all of the following: (A) The number of students participating in the program in total, by campus, and disaggregated based on the following: (i) Whether the student entered as a first-time freshman or a transfer student. (ii) Whether the student is a first-generation college student. (iii) Whether the student is a recipient of financial aid under the Federal Pell Grant Program (20 U.S.C. Sec. 1070a) or the Cal Grant Program established in Chapter 1.7 (commencing with Section 69430) of Part 42. (iv) According to the student’s ethnicity. (B) The total number of students who graduated in four academic years for students who entered as first-time freshmen, and two academic years, for students who entered as transfer students, in total, by campus, and disaggregated based on the characteristics identified in clauses (i) to (iv), inclusive, or subparagraph (A). (2) The report required by paragraph (1) shall include a summary description of significant differences in the implementation of the California Promise program at each campus. (k) The trustees shall submit recommendations to the appropriate policy and fiscal committees of the Legislature by March 15, 2017, regarding potential financial incentives that could benefit students who participate in the California Promise program. (l) A student who successfully completes his or her associate degree for transfer at a community college shall be guaranteed participation in the California Promise program at the California State University transfer campus, if established. (m) The trustees shall make every effort to close the achievement gap and encourage broad participation in a California Promise program that reflects the demographic populations served by the campus. 67435. This part shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 8670.11 is added to the Government Code, to read: 8670.11. In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises required pursuant to Section 155.4052 of Title 33 of the Code of Federal Regulations. The administrator shall make publicly available the established schedule. SEC. 2. Section 8670.12 of the Government Code is amended to read: 8670.12. (a) The administrator shall conduct studies and evaluations necessary for improving oil spill response, containment, and cleanup and oil spill wildlife rehabilitation in waters of the state and oil transportation systems. The administrator may expend moneys from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38, enter into consultation agreements, and acquire necessary equipment and services for the purpose of carrying out these studies and evaluations. (b) The administrator shall, consulting current peer-reviewed published scientific literature, study the use and effects of dispersants, incineration, bioremediation, and any other methods used to respond to a spill and, by May 1, 2016, request that the federal California Dispersant Plan be updated pursuant to subdivision (d). The study shall periodically be updated by the administrator, consulting current peer-reviewed published scientific literature, to ensure the best achievable protection from the use of those methods. Based upon substantial evidence in the record, the administrator may determine in individual cases that best achievable protection is provided by establishing requirements that provide the greatest degree of protection achievable without imposing costs that significantly outweigh the incremental protection that would otherwise be provided. The studies shall do all of the following: (1) Evaluate the effectiveness of dispersants and other chemical, bioremediation, and biological agents in oil spill response under varying environmental conditions. (2) Evaluate potential adverse impacts on the environment and public health including, but not limited to, adverse toxic impacts on water quality, fisheries, and wildlife with consideration to bioaccumulation and synergistic impacts, and the potential for human exposure, including skin contact and consumption of contaminated seafood. (3) Recommend appropriate uses and limitations on the use of dispersants and other chemical, bioremediation, and biological agents to ensure they are used only in situations where the administrator determines they are effective and safe. (c) The studies shall be performed with consideration of current peer-reviewed published scientific literature and any studies performed by federal, state, and international entities. The administrator may enter into contracts for the studies. (d) The administrator shall support the federal Regional Response Team, as described in Section 300.115 of Title 40 of the Code of Federal Regulations, in the development, and shall request regular updates, of plans and procedures for use of dispersants and other chemical agents in California. The administrator’s assistance may include, but is not limited to, providing the federal Regional Response Team with current peer-reviewed published scientific literature, and risk and consequence analysis. SEC. 3. Section 8670.13 of the Government Code is amended to read: 8670.13. (a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid prevention, response, containment, cleanup, and wildlife rehabilitation. (b) (1) On or before January 1, 2017, the administrator shall submit a report to the Legislature, pursuant to Section 9795, assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response. (2) The report shall evaluate studies of estimated recovery system potential as a methodology for rating equipment in comparison to effective daily recovery capacity. (3) Pursuant to Section 10231.5, this subdivision is inoperative on July 1, 2020. (c) (1) Including, but not limited to, the report prepared pursuant to subdivision (b), the administrator shall update regulations governing the adequacy of oil spill contingency plans for best achievable technologies for oil spill prevention and response no later than July 1, 2018. (2) The updated regulations shall enhance the capabilities for prevention, response, containment, cleanup, and wildlife rehabilitation. (d) (1) The administrator shall direct the Harbor Safety Committees, established pursuant to Section 8670.23, to assess the presence and capability of tugs within their respective geographic areas of responsibility to provide emergency towing of tank vessels and nontank vessels to arrest their drift or otherwise guide emergency transit. (2) The assessments for harbors in the San Francisco Bay area and in Los Angeles-Long Beach area shall be initiated by May 1, 2016. The assessments for the other harbors shall be initiated by January 1, 2020. (3) The assessment shall consider, but not be limited to, data from available United States Coast Guard Vessel Traffic Systems, relevant incident and accident data, any relevant simulation models, and identification of any transit areas where risks are higher. (4) The assessment shall consider the condition of tank and nontank vessels calling on harbors, including the United States Coast Guard’s marine inspection program and port state control program regarding risks due to a vessel’s hull or engineering material deficiencies, or inadequate crew training and professionalism. SEC. 4. Section 8670.13.3 is added to the Government Code, to read: 8670.13.3. If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature within three days of the use. The administrator shall provide the Legislature with written justification of their use, including copies of key supporting documentation used by the federal on-scene coordinator and the federal Regional Response Team as soon as those material are released. Within two months of the use of dispersants in state waters, the administrator shall also provide a report to the Legislature on the effectiveness of the dispersants used, including, but not limited to, results of any available monitoring data to determine whether the dispersant use resulted in overall environmental benefit or harm. The written notification, justification, and report shall be submitted pursuant to Section 9795. SEC. 5. Section 8670.28 of the Government Code is amended to read: 8670.28. (a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, shall adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented under this article. All regulations shall be developed in consultation with the Oil Spill Technical Advisory Committee, and shall be consistent with the California oil spill contingency plan and not in conflict with the National Contingency Plan. The regulations shall provide for the best achievable protection of waters and natural resources of the state. The regulations shall permit the development, application, and use of an oil spill contingency plan for similar vessels, pipelines, terminals, and facilities within a single company or organization, and across companies and organizations. The regulations shall, at a minimum, ensure all of the following: (1) All areas of state waters are at all times protected by prevention, response, containment, and cleanup equipment and operations. (2) Standards set for response, containment, and cleanup equipment and operations are maintained and regularly improved to protect the resources of the state. (3) All appropriate personnel employed by operators required to have a contingency plan receive training in oil spill response and cleanup equipment usage and operations. (4) Each oil spill contingency plan provides for appropriate financial or contractual arrangements for all necessary equipment and services for the response, containment, and cleanup of a reasonable worst case oil spill scenario for each area the plan addresses. (5) Each oil spill contingency plan demonstrates that all protection measures are being taken to reduce the possibility of an oil spill occurring as a result of the operation of the facility or vessel. The protection measures shall include, but not be limited to, response to disabled vessels and an identification of those measures taken to comply with requirements of Division 7.8 (commencing with Section 8750) of the Public Resources Code. (6) Each oil spill contingency plan identifies the types of equipment that can be used, the location of the equipment, and the time taken to deliver the equipment. (7) Each facility, as determined by the administrator, conducts a hazard and operability study to identify the hazards associated with the operation of the facility, including the use of the facility by vessels, due to operating error, equipment failure, and external events. For the hazards identified in the hazard and operability studies, the facility shall conduct an offsite consequence analysis that, for the most likely hazards, assumes pessimistic water and air dispersion and other adverse environmental conditions. (8) Each oil spill contingency plan contains a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. (9) Each oil spill contingency plan identifies the measures to be taken to protect the recreational and environmentally sensitive areas that would be threatened by a reasonable worst case oil spill scenario. (10) Standards for determining a reasonable worst case oil spill. However, for a nontank vessel, the reasonable worst case is a spill of the total volume of the largest fuel tank on the nontank vessel. (11) Each oil spill contingency plan specifies an agent for service of process. The agent shall be located in this state. (b) The regulations and guidelines adopted pursuant to this section shall also include provisions to provide public review and comment on submitted oil spill contingency plans. (c) The regulations adopted pursuant to this section shall specifically address the types of equipment that will be necessary, the maximum time that will be allowed for deployment, the maximum distance to cooperating response entities, the amounts of dispersant, and the maximum time required for application, should the use of dispersants be approved. Upon a determination by the administrator that booming is appropriate at the site and necessary to provide best achievable protection, the regulations shall require that vessels engaged in lightering operations be boomed prior to the commencement of operations. (d) The administrator shall adopt regulations and guidelines for oil spill contingency plans with regard to mobile transfer units, small marine fueling facilities, and vessels carrying oil as secondary cargo that acknowledge the reduced risk of damage from oil spills from those units, facilities, and vessels while maintaining the best achievable protection for the public health and safety and the environment. SEC. 6. Section 8670.55.1 is added to the Government Code, to read: 8670.55.1. (a) The committee shall convene a taskforce, including appropriate state and federal governmental representatives, nongovernmental organizations, oil spill response organizations, and commercial fishing and other potential vessels of opportunity, to evaluate and make recommendations regarding the feasibility of using vessels of opportunity for oil spill response in marine waters. The evaluation shall examine the following: (1) Appropriate functions of vessels of opportunity during an oil spill. (2) Appropriate management of a vessels of opportunity spill response program. (3) Vessels of opportunity equipment, training, and technology needs. (4) Liability and insurance. (5) Compensation. (b) As part of the evaluation, the taskforce shall hold two public meetings, one in southern California and one in northern California, prior to making final recommendations. (c) (1) On or before January 1, 2017, the committee shall provide to the administrator and to the Legislature final recommendations on whether vessels of opportunity should be included in oil spill response planning. (2) The recommendations provided to the Legislature shall be provided pursuant to Section 9795. (d) If appropriate, the administrator, by January 1, 2018, shall update regulations to provide for inclusion of vessels of opportunity in the oil spill prevention, response, and preparedness program. SEC. 7. Section 8670.67.5 of the Government Code is amended to read: 8670.67.5. (a) Regardless of intent or negligence, any person who causes or permits a spill shall be strictly liable civilly in accordance with subdivision (b) or (c). (b) A penalty may be administratively imposed by the administrator in accordance with Section 8670.68 in an amount not to exceed twenty dollars ($20) per gallon for a spill. (c) Whenever the release of oil resulted from gross negligence or reckless conduct, the administrator shall, in accordance with Section 8670.68, impose a penalty in an amount not to exceed sixty dollars ($60) per gallon for a spill.

(1) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness, and oil spill containment and cleanup. The act authorizes the administrator to use volunteer workers in response, containment, restoration, wildlife rehabilitation, and cleanup efforts for oil spills in waters of the state. Existing law requires the administrator to evaluate the feasibility of using commercial fishermen and other mariners for oil spill containment and cleanup. This bill would require the administrator, in cooperation with the United States Coast Guard, to establish a schedule of drills and exercises that are required under the federal Salvage and Marine Firefighting regulations. The bill would require the administrator, on or before January 1, 2017, to submit to the Legislature a report assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response and to update regulations governing the adequacy of oil spill contingency plans before July 1, 2018. The bill would require the administrator to direct the Harbor Safety Committees for various regions to assess, among other things, the presence and capability of tugs within their respective regions of responsibility to provide emergency towing of tank and nontank vessels to arrest their drift or guide emergency transit. (2) The act requires the administrator to study the use and effects of methods used to respond to oil spills and to periodically update the study to ensure the best achievable protection from the use of those methods. This bill would require the administrator, in conducting the study and updates, to consult current peer-reviewed published scientific literature. The bill would require the administrator, by May 1, 2016, to request that the federal California Dispersant Plan be updated, as provided, and to provide support and assistance in that regard. (3) The act requires the administrator to license oil spill cleanup agents for use in response to oil spills. This bill would require the administrator, if dispersants are used in response to an oil spill, to submit to the Legislature a written notification of, and a written justification for, the use of dispersants and a report on the effectiveness of the dispersants used, as provided. (4) Existing law establishes the Oil Spill Technical Advisory Committee and requires the committee to provide recommendations to, among other entities, the administrator on the implementation of the act. This bill would require the committee to convene a taskforce to evaluate the feasibility of using vessels of opportunity for oil spill response. The bill would require the taskforce to provide recommendations to the administrator and the Legislature on whether vessels of opportunity should be included in oil spill response planning. (5) The act makes a person who causes or permits a spill or inland spill strictly liable for specified penalties for the spill on a per-gallon-released basis. The act provides that the amount of penalty is reduced by the amount of released oil that is recovered and properly disposed of. This bill would eliminate that reduction in the penalty by the amount of oil recovered and properly disposed of.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 8670.11 is added to the Government Code, to read: 8670.11. In addition to Section 8670.10, the administrator, in cooperation with the United States Coast Guard, shall establish a schedule of drills and exercises required pursuant to Section 155.4052 of Title 33 of the Code of Federal Regulations. The administrator shall make publicly available the established schedule. SEC. 2. Section 8670.12 of the Government Code is amended to read: 8670.12. (a) The administrator shall conduct studies and evaluations necessary for improving oil spill response, containment, and cleanup and oil spill wildlife rehabilitation in waters of the state and oil transportation systems. The administrator may expend moneys from the Oil Spill Prevention and Administration Fund created pursuant to Section 8670.38, enter into consultation agreements, and acquire necessary equipment and services for the purpose of carrying out these studies and evaluations. (b) The administrator shall, consulting current peer-reviewed published scientific literature, study the use and effects of dispersants, incineration, bioremediation, and any other methods used to respond to a spill and, by May 1, 2016, request that the federal California Dispersant Plan be updated pursuant to subdivision (d). The study shall periodically be updated by the administrator, consulting current peer-reviewed published scientific literature, to ensure the best achievable protection from the use of those methods. Based upon substantial evidence in the record, the administrator may determine in individual cases that best achievable protection is provided by establishing requirements that provide the greatest degree of protection achievable without imposing costs that significantly outweigh the incremental protection that would otherwise be provided. The studies shall do all of the following: (1) Evaluate the effectiveness of dispersants and other chemical, bioremediation, and biological agents in oil spill response under varying environmental conditions. (2) Evaluate potential adverse impacts on the environment and public health including, but not limited to, adverse toxic impacts on water quality, fisheries, and wildlife with consideration to bioaccumulation and synergistic impacts, and the potential for human exposure, including skin contact and consumption of contaminated seafood. (3) Recommend appropriate uses and limitations on the use of dispersants and other chemical, bioremediation, and biological agents to ensure they are used only in situations where the administrator determines they are effective and safe. (c) The studies shall be performed with consideration of current peer-reviewed published scientific literature and any studies performed by federal, state, and international entities. The administrator may enter into contracts for the studies. (d) The administrator shall support the federal Regional Response Team, as described in Section 300.115 of Title 40 of the Code of Federal Regulations, in the development, and shall request regular updates, of plans and procedures for use of dispersants and other chemical agents in California. The administrator’s assistance may include, but is not limited to, providing the federal Regional Response Team with current peer-reviewed published scientific literature, and risk and consequence analysis. SEC. 3. Section 8670.13 of the Government Code is amended to read: 8670.13. (a) The administrator shall periodically evaluate the feasibility of requiring new technologies to aid prevention, response, containment, cleanup, and wildlife rehabilitation. (b) (1) On or before January 1, 2017, the administrator shall submit a report to the Legislature, pursuant to Section 9795, assessing the best achievable technology of equipment for oil spill prevention, preparedness, and response. (2) The report shall evaluate studies of estimated recovery system potential as a methodology for rating equipment in comparison to effective daily recovery capacity. (3) Pursuant to Section 10231.5, this subdivision is inoperative on July 1, 2020. (c) (1) Including, but not limited to, the report prepared pursuant to subdivision (b), the administrator shall update regulations governing the adequacy of oil spill contingency plans for best achievable technologies for oil spill prevention and response no later than July 1, 2018. (2) The updated regulations shall enhance the capabilities for prevention, response, containment, cleanup, and wildlife rehabilitation. (d) (1) The administrator shall direct the Harbor Safety Committees, established pursuant to Section 8670.23, to assess the presence and capability of tugs within their respective geographic areas of responsibility to provide emergency towing of tank vessels and nontank vessels to arrest their drift or otherwise guide emergency transit. (2) The assessments for harbors in the San Francisco Bay area and in Los Angeles-Long Beach area shall be initiated by May 1, 2016. The assessments for the other harbors shall be initiated by January 1, 2020. (3) The assessment shall consider, but not be limited to, data from available United States Coast Guard Vessel Traffic Systems, relevant incident and accident data, any relevant simulation models, and identification of any transit areas where risks are higher. (4) The assessment shall consider the condition of tank and nontank vessels calling on harbors, including the United States Coast Guard’s marine inspection program and port state control program regarding risks due to a vessel’s hull or engineering material deficiencies, or inadequate crew training and professionalism. SEC. 4. Section 8670.13.3 is added to the Government Code, to read: 8670.13.3. If dispersants are used in response to an oil spill in state waters, the administrator shall provide written notification of their use to the Legislature within three days of the use. The administrator shall provide the Legislature with written justification of their use, including copies of key supporting documentation used by the federal on-scene coordinator and the federal Regional Response Team as soon as those material are released. Within two months of the use of dispersants in state waters, the administrator shall also provide a report to the Legislature on the effectiveness of the dispersants used, including, but not limited to, results of any available monitoring data to determine whether the dispersant use resulted in overall environmental benefit or harm. The written notification, justification, and report shall be submitted pursuant to Section 9795. SEC. 5. Section 8670.28 of the Government Code is amended to read: 8670.28. (a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, shall adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented under this article. All regulations shall be developed in consultation with the Oil Spill Technical Advisory Committee, and shall be consistent with the California oil spill contingency plan and not in conflict with the National Contingency Plan. The regulations shall provide for the best achievable protection of waters and natural resources of the state. The regulations shall permit the development, application, and use of an oil spill contingency plan for similar vessels, pipelines, terminals, and facilities within a single company or organization, and across companies and organizations. The regulations shall, at a minimum, ensure all of the following: (1) All areas of state waters are at all times protected by prevention, response, containment, and cleanup equipment and operations. (2) Standards set for response, containment, and cleanup equipment and operations are maintained and regularly improved to protect the resources of the state. (3) All appropriate personnel employed by operators required to have a contingency plan receive training in oil spill response and cleanup equipment usage and operations. (4) Each oil spill contingency plan provides for appropriate financial or contractual arrangements for all necessary equipment and services for the response, containment, and cleanup of a reasonable worst case oil spill scenario for each area the plan addresses. (5) Each oil spill contingency plan demonstrates that all protection measures are being taken to reduce the possibility of an oil spill occurring as a result of the operation of the facility or vessel. The protection measures shall include, but not be limited to, response to disabled vessels and an identification of those measures taken to comply with requirements of Division 7.8 (commencing with Section 8750) of the Public Resources Code. (6) Each oil spill contingency plan identifies the types of equipment that can be used, the location of the equipment, and the time taken to deliver the equipment. (7) Each facility, as determined by the administrator, conducts a hazard and operability study to identify the hazards associated with the operation of the facility, including the use of the facility by vessels, due to operating error, equipment failure, and external events. For the hazards identified in the hazard and operability studies, the facility shall conduct an offsite consequence analysis that, for the most likely hazards, assumes pessimistic water and air dispersion and other adverse environmental conditions. (8) Each oil spill contingency plan contains a list of contacts to call in the event of a drill, threatened discharge of oil, or discharge of oil. (9) Each oil spill contingency plan identifies the measures to be taken to protect the recreational and environmentally sensitive areas that would be threatened by a reasonable worst case oil spill scenario. (10) Standards for determining a reasonable worst case oil spill. However, for a nontank vessel, the reasonable worst case is a spill of the total volume of the largest fuel tank on the nontank vessel. (11) Each oil spill contingency plan specifies an agent for service of process. The agent shall be located in this state. (b) The regulations and guidelines adopted pursuant to this section shall also include provisions to provide public review and comment on submitted oil spill contingency plans. (c) The regulations adopted pursuant to this section shall specifically address the types of equipment that will be necessary, the maximum time that will be allowed for deployment, the maximum distance to cooperating response entities, the amounts of dispersant, and the maximum time required for application, should the use of dispersants be approved. Upon a determination by the administrator that booming is appropriate at the site and necessary to provide best achievable protection, the regulations shall require that vessels engaged in lightering operations be boomed prior to the commencement of operations. (d) The administrator shall adopt regulations and guidelines for oil spill contingency plans with regard to mobile transfer units, small marine fueling facilities, and vessels carrying oil as secondary cargo that acknowledge the reduced risk of damage from oil spills from those units, facilities, and vessels while maintaining the best achievable protection for the public health and safety and the environment. SEC. 6. Section 8670.55.1 is added to the Government Code, to read: 8670.55.1. (a) The committee shall convene a taskforce, including appropriate state and federal governmental representatives, nongovernmental organizations, oil spill response organizations, and commercial fishing and other potential vessels of opportunity, to evaluate and make recommendations regarding the feasibility of using vessels of opportunity for oil spill response in marine waters. The evaluation shall examine the following: (1) Appropriate functions of vessels of opportunity during an oil spill. (2) Appropriate management of a vessels of opportunity spill response program. (3) Vessels of opportunity equipment, training, and technology needs. (4) Liability and insurance. (5) Compensation. (b) As part of the evaluation, the taskforce shall hold two public meetings, one in southern California and one in northern California, prior to making final recommendations. (c) (1) On or before January 1, 2017, the committee shall provide to the administrator and to the Legislature final recommendations on whether vessels of opportunity should be included in oil spill response planning. (2) The recommendations provided to the Legislature shall be provided pursuant to Section 9795. (d) If appropriate, the administrator, by January 1, 2018, shall update regulations to provide for inclusion of vessels of opportunity in the oil spill prevention, response, and preparedness program. SEC. 7. Section 8670.67.5 of the Government Code is amended to read: 8670.67.5. (a) Regardless of intent or negligence, any person who causes or permits a spill shall be strictly liable civilly in accordance with subdivision (b) or (c). (b) A penalty may be administratively imposed by the administrator in accordance with Section 8670.68 in an amount not to exceed twenty dollars ($20) per gallon for a spill. (c) Whenever the release of oil resulted from gross negligence or reckless conduct, the administrator shall, in accordance with Section 8670.68, impose a penalty in an amount not to exceed sixty dollars ($60) per gallon for a spill. ### Summary: This bill would amend the Government Code to require the administrator of the Office of Spill Prevention and Response to establish a schedule of drills and exercises for oil spill response,

The people of the State of California do enact as follows: SECTION 1. Section 798.70 of the Civil Code is amended to read: 798.70. (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets which provide information on the mobilehome for sale, exchange, or rent. (b) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. SEC. 2. Section 798.70 is added to the Civil Code, to read: 798.70. (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. (b) This section shall become operative on July 1, 2016. SEC. 3. Section 798.71 of the Civil Code is amended to read: 798.71. (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. (2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. (d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. (e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. (f) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. SEC. 4. Section 798.71 is added to the Civil Code, to read: 798.71. (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. (2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. (d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. (e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. (f) This section shall become operative on July 1, 2016. SEC. 5. Section 798.74 of the Civil Code is amended to read: 798.74. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than those stated in this article, the management or owner may be held liable for all damages proximately resulting therefrom. (b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (c) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. SEC. 6. Section 798.74 is added to the Civil Code, to read: 798.74. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. Upon written request of any selling homeowner or prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person, in writing, of the information management will require and the standards that will be utilized in determining if the person will be acceptable as a homeowner in the park. Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than either of the following, the management or owner may be held liable for all damages proximately resulting therefrom: (1) Reasons stated in this article. (2) Reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser. (b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (c) This section shall become operative on July 1, 2016.

The Mobilehome Residency Law governs tenancies in mobilehome parks. That law, among other things, sets forth certain rights and requirements for the management and selling homeowners in connection with the listing, sale, or exchange of a mobilehome, and, if not prohibited by management, the rental of a mobilehome, including, but not limited to, authorizing the display of signs advertising the sale, exchange, or rental, and authorizing the display of an “open house” sign unless prohibited by park rules; requiring the signs to contain specified information and be of an H-frame or A-frame design; and requiring the management, upon request of a prospective homeowner, to provide the information the management will use to determine if the person will be acceptable as a homeowner in the park. Under that law, the management or owner may be held liable for damages proximately resulting from the withholding of approval of a prospective homeowner for any reason not stated in that law. On and after July 1, 2016, this bill would no longer condition the display of an open house sign on the lack of prohibition in park rules, but would allow a park to establish reasonable rules or regulations governing the conduct of open houses, as specified; would additionally authorize a seller to display one sign of an L-frame or a generally accepted yard-arm type design; would authorize management to require the use of a step-in L-frame sign; and would define a “listing.” The bill would require the management, upon written request, to provide in writing the information and standards the management will use to review a prospective homeowner to the prospective homeowner or seller and make technical changes. The bill would additionally condition the liability for damages resulting from withholding approval of a prospective homeowner for reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 798.70 of the Civil Code is amended to read: 798.70. (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets which provide information on the mobilehome for sale, exchange, or rent. (b) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. SEC. 2. Section 798.70 is added to the Civil Code, to read: 798.70. (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying one sign in the window of the mobilehome, or by one sign posted on the side of the mobilehome facing the street, or by one sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display one sign conforming to these requirements indicating that the mobilehome is on display for an “open house,” if allowed by the park. The park may allow open houses and may establish reasonable rules or regulations governing how an open house may be conducted, including rules regarding the number of houses allowed to be open at one time, hours, and parking. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame, A-frame, L-frame, or generally accepted yard-arm type design with the sign face perpendicular to, but not extending into, the street. Management may require the use of a step-in L-frame sign. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent. (b) This section shall become operative on July 1, 2016. SEC. 3. Section 798.71 of the Civil Code is amended to read: 798.71. (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. (2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. (d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. (e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. (f) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. SEC. 4. Section 798.71 is added to the Civil Code, to read: 798.71. (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. (2) Management may require that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise management in writing that his or her manufactured home or mobilehome is for sale, failure to comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. For purposes of this section, “listing” includes advertising the address of the home to the general public. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufactured home or mobilehome as a condition of resale of the home in the park or of management’s approval of the buyer or prospective homeowner for residency in the park. (d) The management shall not require a homeowner, who is replacing a mobilehome or manufactured home on a space in the park, in which he or she resides, to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home. (e) Nothing in this section shall be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. (f) This section shall become operative on July 1, 2016. SEC. 5. Section 798.74 of the Civil Code is amended to read: 798.74. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. Upon request of any prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than those stated in this article, the management or owner may be held liable for all damages proximately resulting therefrom. (b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (c) This section shall remain in effect only until July 1, 2016, and as of that date is repealed. SEC. 6. Section 798.74 is added to the Civil Code, to read: 798.74. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchaser’s prior tenancies, he or she will not comply with the rules and regulations of the park. In determining whether the purchaser has the financial ability to pay the rent and charges of the park, the management shall not require the purchaser to submit copies of any personal income tax returns in order to obtain approval for residency in the park. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. Upon written request of any selling homeowner or prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management shall inform that person, in writing, of the information management will require and the standards that will be utilized in determining if the person will be acceptable as a homeowner in the park. Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. During this 15-day period the prospective homeowner shall comply with the management’s request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than either of the following, the management or owner may be held liable for all damages proximately resulting therefrom: (1) Reasons stated in this article. (2) Reasons based upon fraud, deceit, or concealment of material facts by the prospective purchaser. (b) If the management collects a fee or charge from a prospective purchaser of a mobilehome in order to obtain a financial report or credit rating, the full amount of the fee or charge shall be credited toward payment of the first month’s rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management shall refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. (c) This section shall become operative on July 1, 2016. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 7873 of the Labor Code is amended to read: 7873. (a) As used in this section, “trade secret” means a trade secret as defined in subdivision (d) of Section 6254.7 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for petroleum refinery employers is not a trade secret. (b) (1) If a petroleum refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the petroleum refinery employer shall nevertheless provide this information to the division. The petroleum refinery employer may, at the time of submission, identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records. (2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the petroleum refinery employer pursuant to paragraph (1). (c) (1) Upon the receipt of a request for the release of information to the public that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the petroleum refinery employer in writing of the request by certified mail, return receipt requested. (2) The division shall release the requested information to the public, unless both of the following occur: (A) Within 30 days of receipt of the notice of the request for information, the petroleum refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action. (B) Within 120 days of receipt of the notice of the request for information, the petroleum refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action. (3) This subdivision shall not be construed to allow a petroleum refinery employer to refuse to disclose the information required pursuant to this section to the division. (d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a petroleum refinery employer shall not be released to any member of the public, except that such information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division. (e) (1) The petroleum refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served. (2) A person who has requested the release of information that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the petroleum refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene. (f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section. (g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority. (h) If the person requesting the release of information identified by a petroleum refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the petroleum refinery employer in writing of the action by certified mail, return receipt requested. The petroleum refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the petroleum refinery employer. The court shall permit the petroleum refinery employer to intervene. (i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person he or she knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section.

Existing law requires a petroleum refinery employer to, every September 15, submit to the Division of Occupational Safety and Health information regarding planned turnarounds, as defined, for the following calendar year and provide onsite access to the division for inspection. Existing law establishes procedures for the public disclosure of turnaround information designated a trade secret, including authorization for a petroleum refinery employer to seek a declaratory judgment to prevent disclosure. Existing law requires a court to award attorney’s fees to a party that prevails in an action to compel or prohibit the division from disclosing turnaround information. This bill would delete the requirement that a person requesting the release of the above-described information, or a petroleum refinery employer seeking to prevent disclosure, name the other as a real party in interest in an applicable action. The bill would delete the requirement that a person requesting release of this information provide notice of an action to compel disclosure to the petroleum refinery employer and would instead require the division to provide that notification. The bill would instead authorize the person to intervene in a petroleum refinery employer’s declaratory relief action and require the court to permit that person to intervene. The bill would also require the court to allow the petroleum refinery employer to intervene in that action. The bill would also delete the requirement that the court award attorney’s fees.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7873 of the Labor Code is amended to read: 7873. (a) As used in this section, “trade secret” means a trade secret as defined in subdivision (d) of Section 6254.7 of the Government Code or Section 1061 of the Evidence Code, and shall include the schedule submitted to the division pursuant to subdivision (b) of Section 7872 of this code, and the scheduling, duration, layout, configuration, and type of work to be performed during a turnaround. Upon completion of a turnaround, the scheduling and duration of that turnaround shall no longer be considered a trade secret. The wages, hours, benefits, job classifications, and training standards for employees performing work for petroleum refinery employers is not a trade secret. (b) (1) If a petroleum refinery employer believes that information submitted to the division pursuant to Section 7872 may involve the release of a trade secret, the petroleum refinery employer shall nevertheless provide this information to the division. The petroleum refinery employer may, at the time of submission, identify all or a portion of the information submitted to the division as trade secret and, to the extent feasible, segregate records designated as trade secret from the other records. (2) Subject to subdivisions (c), (d), and (g), the division shall not release to the public any information designated as a trade secret by the petroleum refinery employer pursuant to paragraph (1). (c) (1) Upon the receipt of a request for the release of information to the public that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b), the division shall notify the petroleum refinery employer in writing of the request by certified mail, return receipt requested. (2) The division shall release the requested information to the public, unless both of the following occur: (A) Within 30 days of receipt of the notice of the request for information, the petroleum refinery employer files an action in an appropriate court for a declaratory judgment that the information is subject to protection as a trade secret, as defined in subdivision (a), and promptly notifies the division of that action. (B) Within 120 days of receipt of the notice of the request for information, the petroleum refinery employer obtains an order prohibiting disclosure of the information to the public and promptly notifies the division of that action. (3) This subdivision shall not be construed to allow a petroleum refinery employer to refuse to disclose the information required pursuant to this section to the division. (d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a petroleum refinery employer shall not be released to any member of the public, except that such information may be disclosed to other officers or employees of the division when relevant in any proceeding of the division. (e) (1) The petroleum refinery employer filing an action pursuant to paragraph (2) of subdivision (c) shall provide notice of the action to the person requesting the release of the information at the same time that the defendant in the action is served. (2) A person who has requested the release of information that includes information that the petroleum refinery employer has notified the division is a trade secret pursuant to paragraph (1) of subdivision (b) may intervene in an action by the petroleum refinery employer filed pursuant to paragraph (2) of subdivision (c). The court shall permit that person to intervene. (f) The public agency shall not bear the court costs for any party named in litigation filed pursuant to this section. (g) This section shall not be construed to prohibit the exchange of trade secrets between local, state, or federal public agencies or state officials when those trade secrets are relevant and reasonably necessary to the exercise of their authority. (h) If the person requesting the release of information identified by a petroleum refinery employer as a trade secret files an action against the division to order disclosure of that information, the division shall promptly notify the petroleum refinery employer in writing of the action by certified mail, return receipt requested. The petroleum refinery employer may intervene in an action filed by the person requesting the release of trade secrets identified by the petroleum refinery employer. The court shall permit the petroleum refinery employer to intervene. (i) An officer or employee of the division who, by virtue of that employment or official position, has possession of, or has access to, trade secret information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person he or she knows is not entitled to receive it, is guilty of a misdemeanor. A contractor with the division and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the division for purposes of this section. ### Summary: This text is a summary of the text above. ### Instruction: Summary this text ### Text: The people of the State of California do enact

The people of the State of California do enact as follows: SECTION 1. The heading of Division 26 (commencing with Section 35100) of the Public Resources Code is amended to read: DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY SEC. 2. Section 35100 of the Public Resources Code is amended to read: 35100. This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act. SEC. 3. Section 35101 of the Public Resources Code is amended to read: 35101. The Legislature hereby finds and declares all of the following: (a) In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities. (b) In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses. (c) It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties. (d) All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space. SEC. 4. Section 35103 of the Public Resources Code is amended to read: 35103. “Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara. SEC. 5. Section 35120 of the Public Resources Code is amended to read: 35120. The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission. SEC. 6. Section 35122 is added to the Public Resources Code, to read: 35122. Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority. SEC. 7. Section 35152 of the Public Resources Code is amended to read: 35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property. (b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority. (c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section. (d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease. SEC. 8. Section 35153 of the Public Resources Code is amended to read: 35153. The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property.

Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authority’s jurisdiction, necessary to the full exercise of its powers. Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. Existing law provides that the maximum jurisdiction of the authority shall include all areas within the county, as provided. This bill would authorize the authority to acquire, but not to take by eminent domain, interests in real property that are without the authority’s jurisdiction, necessary to the full exercise of its powers. The bill would also authorize the authority’s boundaries to be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, as provided. The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The heading of Division 26 (commencing with Section 35100) of the Public Resources Code is amended to read: DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY SEC. 2. Section 35100 of the Public Resources Code is amended to read: 35100. This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act. SEC. 3. Section 35101 of the Public Resources Code is amended to read: 35101. The Legislature hereby finds and declares all of the following: (a) In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities. (b) In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses. (c) It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties. (d) All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space. SEC. 4. Section 35103 of the Public Resources Code is amended to read: 35103. “Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara. SEC. 5. Section 35120 of the Public Resources Code is amended to read: 35120. The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission. SEC. 6. Section 35122 is added to the Public Resources Code, to read: 35122. Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority. SEC. 7. Section 35152 of the Public Resources Code is amended to read: 35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property. (b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority. (c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section. (d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease. SEC. 8. Section 35153 of the Public Resources Code is amended to read: 35153. The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property. ### Summary: This text amends the Public Resources Code to amend the heading of Division 26 (commencing with Section 35100) of the Public Resources

The people of the State of California do enact as follows: SECTION 1. Section 7360 of the Revenue and Taxation Code is amended to read: 7360. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of fuel subject to the tax in Sections 7362, 7363, and 7364. (2) If the federal fuel tax is reduced below the rate of nine cents ($0.09) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), on and after the date of the reduction, shall be recalculated by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal twenty-seven cents ($0.27). (3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be so exempt under this section. (b) (1) On and after July 1, 2010, in addition to the tax imposed by subdivision (a), a tax is hereby imposed upon each gallon of motor vehicle fuel, other than aviation gasoline, subject to the tax in Sections 7362, 7363, and 7364 in an amount equal to seventeen and three-tenths cents ($0.173) per gallon. (2) (A) For the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, and for the 2021 –22 fiscal year and each fiscal year thereafter, the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. (B) For the 2016–17 fiscal year and each fiscal year thereafter to the 2020 –21 fiscal year, inclusive , the Department of Finance shall, on or before March 1 May 15 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. (3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2012, the adjustment under paragraph (2) shall also take into account the extent to which the actual amount of revenues derived pursuant to this subdivision and, as applicable, Section 7361.1, the revenue loss attributable to the exemption provided by Section 6357.7 resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 or May 15, as applicable . (4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Section 6357.7, does not produce a net revenue gain in state taxes. (5) No later than March 10 May 15 , 2016, and each March 10 May 15 thereafter to May 15, 2020 , the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year. SEC. 2. Section 60050 of the Revenue and Taxation Code is amended to read: 60050. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of diesel fuel subject to the tax in Sections 60051, 60052, and 60058. (2) If the federal fuel tax is reduced below the rate of fifteen cents ($0.15) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), including any reduction or adjustment pursuant to subdivision (b), on and after the date of the reduction, shall be increased by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal what it would have been in the absence of the federal reduction. (3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be exempt under this section. (b) (1) On July 1, 2011, the tax rate specified in paragraph (1) of subdivision (a) shall be reduced to thirteen cents ($0.13) and every July 1 thereafter shall be adjusted pursuant to paragraphs (2) and (3). (2) (A) For the 2012–13 fiscal year to the 2015–16 fiscal year, inclusive, and for the 2021 –22 fiscal year and each fiscal year thereafter, the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. (B) For the 2016–17 fiscal year and each fiscal year thereafter to the 2020 –21 fiscal year, inclusive , the Department of Finance shall, on or before March 1 May 15 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. (3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2013, the adjustment under paragraph (2) shall take into account the extent to which the actual amount of revenues derived pursuant to Sections 6051.8 and 6201.8 and the revenue loss attributable to this subdivision resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 or May 15, as applicable . (4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Sections 6051.8 and 6201.8, does not produce a net revenue gain in state taxes. (5) No later than March 10 May 15 , 2016, and each March 10 May 15 thereafter to May 15, 2020 , the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year

Existing law, as of July 1, 2010, exempts the sale of, and the storage, use, or other consumption of, motor vehicle fuel from specified sales and use taxes and increases the excise tax on motor vehicle fuel, as provided. Existing law requires the State Board of Equalization, for the 2011–12 fiscal year and each fiscal year thereafter, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, to adjust the motor vehicle fuel tax rate in that manner as to generate an amount of revenue equal to the amount of revenue loss attributable to the sales and use tax exemption on motor vehicle fuel, based on estimates made by the board. Existing law also requires, in order to maintain revenue neutrality, the board to take into account actual net revenue gain or loss for the fiscal year ending prior to the rate adjustment date. Existing law requires this determined rate to be effective during the state’s next fiscal year. This bill would, for the 2016–17 fiscal year and each fiscal year thereafter to the 2020 –21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year , instead require the Department of Finance to adjust the motor vehicle fuel tax rate as described above, and would require the department to notify the board of the rate adjustment effective for the state’s next fiscal year, as provided. Existing law, as of July 1, 2011, increases the taxes on the sale of, and the storage, use, or other consumption of, diesel fuel, and reduces the excise tax on diesel fuel. Existing law requires the board, for the 2012–13 fiscal year and each fiscal year thereafter, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, to adjust the diesel fuel tax rate by reducing it in that manner as to result in a revenue loss that will equal the amount of revenue gain attributable to the increase in the sales and use tax rate, based on estimates made by the board. Existing law also requires, in order to maintain revenue neutrality, the board to take into account actual net revenue gain or loss for the fiscal year ending prior to the rate adjustment date. Existing law requires this determined rate to be effective during the state’s next fiscal year. This bill would, for the 2016–17 fiscal year and each fiscal year thereafter to the 2020 –21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year , instead require the Department of Finance to adjust the diesel fuel excise tax rate as described above, and would require the department to notify the board of the rate adjustment effective for the state’s next fiscal year, as provided.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7360 of the Revenue and Taxation Code is amended to read: 7360. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of fuel subject to the tax in Sections 7362, 7363, and 7364. (2) If the federal fuel tax is reduced below the rate of nine cents ($0.09) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), on and after the date of the reduction, shall be recalculated by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal twenty-seven cents ($0.27). (3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be so exempt under this section. (b) (1) On and after July 1, 2010, in addition to the tax imposed by subdivision (a), a tax is hereby imposed upon each gallon of motor vehicle fuel, other than aviation gasoline, subject to the tax in Sections 7362, 7363, and 7364 in an amount equal to seventeen and three-tenths cents ($0.173) per gallon. (2) (A) For the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, and for the 2021 –22 fiscal year and each fiscal year thereafter, the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. (B) For the 2016–17 fiscal year and each fiscal year thereafter to the 2020 –21 fiscal year, inclusive , the Department of Finance shall, on or before March 1 May 15 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate in paragraph (1) in that manner as to generate an amount of revenue that will equal the amount of revenue loss attributable to the exemption provided by Section 6357.7, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. (3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2012, the adjustment under paragraph (2) shall also take into account the extent to which the actual amount of revenues derived pursuant to this subdivision and, as applicable, Section 7361.1, the revenue loss attributable to the exemption provided by Section 6357.7 resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 or May 15, as applicable . (4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Section 6357.7, does not produce a net revenue gain in state taxes. (5) No later than March 10 May 15 , 2016, and each March 10 May 15 thereafter to May 15, 2020 , the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year. SEC. 2. Section 60050 of the Revenue and Taxation Code is amended to read: 60050. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed upon each gallon of diesel fuel subject to the tax in Sections 60051, 60052, and 60058. (2) If the federal fuel tax is reduced below the rate of fifteen cents ($0.15) per gallon and federal financial allocations to this state for highway and exclusive public mass transit guideway purposes are reduced or eliminated correspondingly, the tax rate imposed by paragraph (1), including any reduction or adjustment pursuant to subdivision (b), on and after the date of the reduction, shall be increased by an amount so that the combined state rate under paragraph (1) and the federal tax rate per gallon equal what it would have been in the absence of the federal reduction. (3) If any person or entity is exempt or partially exempt from the federal fuel tax at the time of a reduction, the person or entity shall continue to be exempt under this section. (b) (1) On July 1, 2011, the tax rate specified in paragraph (1) of subdivision (a) shall be reduced to thirteen cents ($0.13) and every July 1 thereafter shall be adjusted pursuant to paragraphs (2) and (3). (2) (A) For the 2012–13 fiscal year to the 2015–16 fiscal year, inclusive, and for the 2021 –22 fiscal year and each fiscal year thereafter, the board shall, on or before March 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the board, and that rate shall be effective during the state’s next fiscal year. (B) For the 2016–17 fiscal year and each fiscal year thereafter to the 2020 –21 fiscal year, inclusive , the Department of Finance shall, on or before March 1 May 15 of the fiscal year immediately preceding the applicable fiscal year, adjust the rate reduction in paragraph (1) in that manner as to result in a revenue loss attributable to paragraph (1) that will equal the amount of revenue gain attributable to Sections 6051.8 and 6201.8, based on estimates made by the Department of Finance, and that rate shall be effective during the state’s next fiscal year. (3) In order to maintain revenue neutrality for each year, beginning with the rate adjustment on or before March 1, 2013, the adjustment under paragraph (2) shall take into account the extent to which the actual amount of revenues derived pursuant to Sections 6051.8 and 6201.8 and the revenue loss attributable to this subdivision resulted in a net revenue gain or loss for the fiscal year ending prior to the rate adjustment date on or before March 1 or May 15, as applicable . (4) The intent of paragraphs (2) and (3) is to ensure that Chapter 6 of the Statutes of 2011, which added this subdivision and Sections 6051.8 and 6201.8, does not produce a net revenue gain in state taxes. (5) No later than March 10 May 15 , 2016, and each March 10 May 15 thereafter to May 15, 2020 , the Department of Finance shall notify the board of the rate adjustment effective for the state’s next fiscal year ### Summary: This bill would amend the Revenue and Taxation Code to increase the tax on motor vehicle fuel and diesel fuel. The bill would also amend the Revenue and Taxation Code to

The people of the State of California do enact as follows: SECTION 1. Section 11362.777 of the Health and Safety Code is amended to read: 11362.777. (a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, secretary and, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, medical cannabis is an agricultural product. (b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: (A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (B) A state license issued by the department pursuant to this section. (2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning. (c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability prior to before issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana prior to before obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department. (2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements. (4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. (d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. (2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. (e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: (A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. (B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. (2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. (A) Unique identifiers will only be issued to those persons appropriately licensed by this section. (B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. (C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. (D) The department may promulgate regulations to implement this section. (3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. (f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. (g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban. exercising its police power authority under Section 7 of Article XI of the California Constitution. SECTION 1. The Legislature finds and declares as follows: (a)It is the intent of the Legislature in enacting this act to provide for collaboration among public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives, as necessary, to identify consistent appropriate payment methods to support chronic care management in, and to align incentives in support of, patient centered medical homes. (b)It is the intent of the Legislature to exempt from state antitrust laws and to provide immunity from federal antitrust laws, pursuant to the state action doctrine for, any activities undertaken pursuant to this act that otherwise might be constrained by those laws. It is not the intent of the Legislature to authorize any person or entity to engage in or conspire to engage in any activity that would constitute a per se violation of state or federal antitrust laws, including, but not limited to, an agreement among competing health care providers or health insurance carriers as to the price or specific level of payment for a health care service. (c)It is the intent of the Legislature that the state shall articulate a clear and affirmative policy describing its intent to displace competition with respect to the implementation of this act, and shall actively supervise anticompetitive conduct and its results with ongoing oversight. SEC. 2. Chapter 3.5 (commencing with Section 24300) is added to Division 20 of the Health and Safety Code , to read: 3.5. Patient Centered Medical Home Health Care Delivery Model 24300. The Secretary of California Health and Human Services shall convene a working group of public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. 24301. (a)The working group convened pursuant to this chapter shall consult with, and provide recommendations to, the Legislature and relevant state agencies on all matters relating to the implementation of a patient centered medical home care model. (b)The working group shall have the authority to do all of the following: (1)Develop consensus on strategies for implementing the patient centered medical home care model and service delivery change at the practice, community, and health care system level. (2)Identify ways to create alignment regarding payment, reporting, and infrastructure investments. (3)Identify ways to utilize public and private purchasing power and ways to enable competing payers to work collaboratively to establish common patient centered medical home initiatives. (4)Propose participation in relevant federally funded pilot and demonstration projects. 24302. The secretary shall convene the working group only after he or she makes a determination that sufficient nonstate funds have been received to pay for all costs of implementing this chapter.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law, enacted by the Legislature, provides for the licensing and regulation by both state and local entities of medical marijuana and its cultivation. Existing law requires the Department of Food and Agriculture to establish a Medical Cannabis Cultivation Program. The program prohibits a person from cultivating medical marijuana without first obtaining a state license issued by the department and a license, permit, or other entitlement specifically permitting cultivation pursuant to the program from the city, county, or city and county in which the cultivation will occur, as specified. Existing law exempts certain persons from these licensure requirements under specified conditions, but authorizes a city, county, or city and county to regulate or ban the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person. This bill would instead provide that an exemption from these licensure requirements does not limit or prevent a city, county, or city and county from exercising its police power authority under a specified provision of the California Constitution. Existing law requires the Office of Statewide Health Planning and Development to perform various functions and duties with respect to health policy and planning and health professions development. Existing law states the Legislature’s finding that there is a need to improve the effectiveness of health care delivery systems. Existing law generally defines a medical home as a single provider, facility, or team that coordinates an individual’s health care services. This bill would require the Secretary of California Health and Human Services to convene a working group of public payers, private health insurance carriers, 3rd-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. The bill would prescribe the powers and duties of the working group, including consulting with, and providing recommendations to, the Legislature and relevant state agencies on matters relating to the implementation of the patient centered medical home care model. The bill would require the secretary to convene the working group only after making a determination that sufficient nonstate funds have been received to pay for all costs of implementing the bill. This bill would make legislative findings and declarations regarding the intent of the Legislature to exempt and immunize activities undertaken in connection with patient centered medical homes from state and federal antitrust laws, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11362.777 of the Health and Safety Code is amended to read: 11362.777. (a) The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, secretary and, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code, medical cannabis is an agricultural product. (b) (1) A person or entity shall not cultivate medical marijuana without first obtaining both of the following: (A) A license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (B) A state license issued by the department pursuant to this section. (2) A person or entity shall not submit an application for a state license issued by the department pursuant to this section unless that person or entity has received a license, permit, or other entitlement, specifically permitting cultivation pursuant to these provisions, from the city, county, or city and county in which the cultivation will occur. (3) A person or entity shall not submit an application for a state license issued by the department pursuant to this section if the proposed cultivation of marijuana will violate the provisions of any local ordinance or regulation, or if medical marijuana is prohibited by the city, county, or city and county in which the cultivation is proposed to occur, either expressly or otherwise under principles of permissive zoning. (c) (1) Except as otherwise specified in this subdivision, and without limiting any other local regulation, a city, county, or city and county, through its current or future land use regulations or ordinance, may issue or deny a permit to cultivate medical marijuana pursuant to this section. A city, county, or city and county may inspect the intended cultivation site for suitability prior to before issuing a permit. After the city, county, or city and county has approved a permit, the applicant shall apply for a state medical marijuana cultivation license from the department. A locally issued cultivation permit shall only become active upon licensing by the department and receiving final local approval. A person shall not cultivate medical marijuana prior to before obtaining both a permit from the city, county, or city and county and a state medical marijuana cultivation license from the department. (2) A city, county, or city and county that issues or denies conditional licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (3) A city, county, or city and county’s locally issued conditional permit requirements must be at least as stringent as the department’s state licensing requirements. (4) If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the division shall be the sole licensing authority for medical marijuana cultivation applicants in that city, county, or city and county. (d) (1) The secretary may prescribe, adopt, and enforce regulations relating to the implementation, administration, and enforcement of this part, including, but not limited to, applicant requirements, collections, reporting, refunds, and appeals. (2) The secretary may prescribe, adopt, and enforce any emergency regulations as necessary to implement this part. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. (3) The secretary may enter into a cooperative agreement with a county agricultural commissioner to carry out the provisions of this chapter, including, but not limited to, administration, investigations, inspections, licensing and assistance pertaining to the cultivation of medical marijuana. Compensation under the cooperative agreement shall be paid from assessments and fees collected and deposited pursuant to this chapter and shall provide reimbursement to the county agricultural commissioner for associated costs. (e) (1) The department, in consultation with, but not limited to, the Bureau of Medical Marijuana Regulation, the State Water Resources Control Board, and the Department of Fish and Wildlife, shall implement a unique identification program for medical marijuana. In implementing the program, the department shall consider issues, including, but not limited to, water use and environmental impacts. In implementing the program, the department shall ensure that: (A) Individual and cumulative effects of water diversion and discharge associated with cultivation do not affect the instream flows needed for fish spawning, migration, and rearing, and the flows needed to maintain natural flow variability. (B) Cultivation will not negatively impact springs, riparian wetlands, and aquatic habitats. (2) The department shall establish a program for the identification of permitted medical marijuana plants at a cultivation site during the cultivation period. The unique identifier shall be attached at the base of each plant. A unique identifier, such as, but not limited to, a zip tie, shall be issued for each medical marijuana plant. (A) Unique identifiers will only be issued to those persons appropriately licensed by this section. (B) Information associated with the assigned unique identifier and licensee shall be included in the trace and track program specified in Section 19335 of the Business and Professions Code. (C) The department may charge a fee to cover the reasonable costs of issuing the unique identifier and monitoring, tracking, and inspecting each medical marijuana plant. (D) The department may promulgate regulations to implement this section. (3) The department shall take adequate steps to establish protections against fraudulent unique identifiers and limit illegal diversion of unique identifiers to unlicensed persons. (f) (1) A city, county, or city and county that issues or denies licenses to cultivate medical marijuana pursuant to this section shall notify the department in a manner prescribed by the secretary. (2) Unique identifiers and associated identifying information administered by a city or county shall adhere to the requirements set by the department and be the equivalent to those administered by the department. (g) This section does not apply to a qualified patient cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 100 square feet and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity. This section does not apply to a primary caregiver cultivating marijuana pursuant to Section 11362.5 if the area he or she uses to cultivate marijuana does not exceed 500 square feet and he or she cultivates marijuana exclusively for the personal medical use of no more than five specified qualified patients for whom he or she is the primary caregiver within the meaning of Section 11362.7 and does not receive remuneration for these activities, except for compensation provided in full compliance with subdivision (c) of Section 11362.765. For purposes of this section, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants on the premises. Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from regulating or banning the cultivation, storage, manufacture, transport, provision, or other activity by the exempt person, or impair the enforcement of that regulation or ban. exercising its police power authority under Section 7 of Article XI of the California Constitution. SECTION 1. The Legislature finds and declares as follows: (a)It is the intent of the Legislature in enacting this act to provide for collaboration among public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives, as necessary, to identify consistent appropriate payment methods to support chronic care management in, and to align incentives in support of, patient centered medical homes. (b)It is the intent of the Legislature to exempt from state antitrust laws and to provide immunity from federal antitrust laws, pursuant to the state action doctrine for, any activities undertaken pursuant to this act that otherwise might be constrained by those laws. It is not the intent of the Legislature to authorize any person or entity to engage in or conspire to engage in any activity that would constitute a per se violation of state or federal antitrust laws, including, but not limited to, an agreement among competing health care providers or health insurance carriers as to the price or specific level of payment for a health care service. (c)It is the intent of the Legislature that the state shall articulate a clear and affirmative policy describing its intent to displace competition with respect to the implementation of this act, and shall actively supervise anticompetitive conduct and its results with ongoing oversight. SEC. 2. Chapter 3.5 (commencing with Section 24300) is added to Division 20 of the Health and Safety Code , to read: 3.5. Patient Centered Medical Home Health Care Delivery Model 24300. The Secretary of California Health and Human Services shall convene a working group of public payers, private health insurance carriers, third-party purchasers, health care providers, and health care consumer representatives to identify appropriate payment methods to align incentives in support of patient centered medical homes. 24301. (a)The working group convened pursuant to this chapter shall consult with, and provide recommendations to, the Legislature and relevant state agencies on all matters relating to the implementation of a patient centered medical home care model. (b)The working group shall have the authority to do all of the following: (1)Develop consensus on strategies for implementing the patient centered medical home care model and service delivery change at the practice, community, and health care system level. (2)Identify ways to create alignment regarding payment, reporting, and infrastructure investments. (3)Identify ways to utilize public and private purchasing power and ways to enable competing payers to work collaboratively to establish common patient centered medical home initiatives. (4)Propose participation in relevant federally funded pilot and demonstration projects. 24302. The secretary shall convene the working group only after he or she makes a determination that sufficient nonstate funds have been received to pay for all costs of implementing this chapter. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1136

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Effective and sustainable implementation of a statewide earthquake early warning system, as funded through the California Earthquake Safety Fund, requires a governance structure that coordinates the multiple entities involved in establishing and operating the different functional areas of the system, including, but not limited to, system operations, research and development, finance and investment, and training and education. (b) Each of the functional areas necessary for a statewide earthquake early warning system consists of designated working groups that include subject matter experts and stakeholders in the public and private sectors. (c) The California Earthquake Early Warning Advisory Board is intended to advise the Director of Emergency Services on implementation of the earthquake early warning program. SEC. 2. Section 8587.8 of the Government Code is amended to read: 8587.8. (a) The Office of Emergency Services, in collaboration with the California Institute of Technology (Caltech), the California Geological Survey, the University of California, the United States Geological Survey, the Alfred E. Alquist Seismic Safety Commission, and other stakeholders, shall develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, which shall include, but not be limited to, the following features: (1) Installation of field sensors. (2) Improvement of field telemetry. (3) Construction and testing of central processing and notification centers. (4) Establishment of warning notification distribution paths to the public. (5) Integration of earthquake early warning education with general earthquake preparedness efforts. (b) In consultation with stakeholders, the Office of Emergency Services shall develop an approval mechanism to review compliance with earthquake early warning standards as they are developed. The development of the approval mechanism shall include input from a broad representation of earthquake early warning stakeholders. The approval mechanism shall accomplish all of the following: (1) Ensure the standards are appropriate. (2) Determine the degree to which the standards apply to providers and components of the system. (3) Determine methods to ensure compliance with the standards. (4) Determine requirements for participation in the system. (c) The Office of Emergency Services shall identify funding for the system described in subdivision (a) through single or multiple sources of revenue. SEC. 3. Section 8587.11 is added to the Government Code, to read: 8587.11. (a) There is in state government, within the office, both of the following: (1) The California Earthquake Early Warning Program. (2) The California Earthquake Early Warning Advisory Board. (b) The following definitions apply to this section and Section 8587.12: (1) “Board” means the California Earthquake Early Warning Advisory Board. (2) “Program” means the California Earthquake Early Warning Program. (3) “System” means the statewide earthquake early warning system. (c) (1) The board shall be composed of the following eight members: (A) Seven voting members, as follows: (i) The Secretary of the Natural Resources Agency, or his or her designee. (ii) The Secretary of California Health and Human Services, or his or her designee. (iii) The Secretary of Transportation, or his or her designee. (iv) The Secretary of Business, Consumer Services, and Housing, or his or her designee. (v) One member who is appointed by, and serves at the pleasure of, the Speaker of the Assembly and represents the interests of private businesses. (vi) One member who is appointed by, and serves at the pleasure of, the Governor and represents the utilities industry. (vii) One member who is appointed by, and serves at the pleasure of, the Senate Committee on Rules and represents county government. (B) The Chancellor of the California State University, or his or her designee, shall serve as a nonvoting member of the board. (2) The President of the University of California, or his or her designee, may serve as a nonvoting member of the board. (3) The members of the board shall serve without compensation, but shall be reimbursed for actual and reasonable travel and meal expenses to attend board meetings. (d) (1) The board shall convene periodically and advise the director on all aspects of the program, including, but not limited to, the following functional areas of the program: (A) System operations. (B) Research and development. (C) Finance and investment. (D) Training and education. (2) The board shall utilize committees, groups, and organizations, including, but not limited to, the California Institute of Technology, the California Geological Survey, the University of California, the United States Geological Survey, and entities participating in the critical infrastructure sectors to fulfill the objectives of the program by supporting the functional areas of the system. (3) The board shall inform the public regarding, and provide the public with the opportunity to engage the board on, the development and implementation of the system. (4) The board shall consult with program participants, state agencies, departments, boards and commissions, private businesses, postsecondary educational institutions, and subject matter experts, as necessary, to advise the board on the development, implementation, and maintenance of the system. (e) (1) Except as otherwise provided by law, the California Integrated Seismic Network shall be responsible for the generation of an earthquake early warning alert and related system operations. (2) The board shall, in conjunction with the director, determine the appropriate methods to provide the public with an earthquake early warning alert. (f) (1) The board shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (2) Notwithstanding any law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), any information in a public record that is a trade secret, as that term is defined in Section 3426.1 of the Civil Code, of a private entity cooperating with the board or participating in the system or with the program is confidential and shall not be disclosed. SEC. 4. Section 8587.12 is added to the Government Code, to read: 8587.12. (a) On or before February 1, 2018, the office, in consultation with the board, shall develop and submit a business plan for the program to the Senate Committee on Governmental Organization, the Assembly Committee on Governmental Organization, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Legislative Analyst’s Office. The business plan shall include, but not be limited to, all of the following elements: (1) The funding plan for the program and the estimated costs associated with the program. The funding plan shall include, but not be limited to, all of the following: (A) Specific cost estimates for each component of the program, including, but not limited to, education and outreach costs, staff costs, and the capital costs, operation costs, and maintenance costs of the system. (B) Identification of specific sources of funding, including, but not limited to, federal funds, funds from revenue bonds, local funds, general funds, special funds, funds from private sources, and funding from any written agreements with public or private entities to fund components of the program. (2) The expected roles and responsibilities of various program participants, including, but not limited to, private sector partners and local emergency personnel. (3) The expected time schedule for completing the system and when it can start to provide alerts. (4) A discussion of all reasonably foreseeable risks the program may encounter, including, but not limited to, risks associated with the program’s finances, the reliability of the system, access to land for sensor placement, and changes in technology. The plan shall describe the office’s strategies, processes, or other actions it intends to utilize to manage those risks. (b) On or before February 1, 2019, and annually thereafter, the office shall report to the Legislature any changes to the business plan from the prior year and shall provide a general report on progress of the program and the implementation of the system. The report shall include, but not be limited to, all of the following: (1) The overall progress of the implementation of the system. (2) An update on funding acquired and expended. (3) An update on contracts and requests for proposals. (4) A summary of recommendations made by the board to the office. SEC. 5. The Legislature finds and declares that Section 3 of this act, which adds Section 8587.11 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The development and implementation of the California Earthquake Early Warning System will help mitigate the loss of lives and property due to an earthquake. The need to protect the proprietary rights of owners of trade secrets relating to systems or products that may be incorporated into the California Earthquake Early Warning System and used within the California Earthquake Early Warning Program and the need to encourage the participation of those owners in the development and implementation of that system and program outweigh publicly disclosing those trade secrets.

(1) The California Emergency Services Act requires the Office of Emergency Services, among other things, to develop in collaboration with specified entities a comprehensive statewide earthquake early warning system in California through a public-private partnership, as specified. The act requires the office to identify funding for the system through single or multiple sources of revenue, and requires those sources to exclude the General Fund and to be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. Under the act, the requirement that the office develop the system is not operative until funding is identified, and is repealed if funding is not identified by July 1, 2016. The act establishes the California Earthquake Safety Fund in the State Treasury to be used, upon appropriation by the Legislature, for seismic safety and earthquake-related programs, including the statewide earthquake early warning system. This bill would discontinue the requirement that the funding sources for the system exclude the General Fund and be limited to federal funds, funds from revenue bonds, local funds, and funds from private sources. The bill would delete the provisions providing for the repeal and the contingent operation of the requirement that the office develop the system. This bill would establish, within the office, the California Earthquake Early Warning Program and the California Earthquake Early Warning Advisory Board to support the development of the statewide earthquake early warning system, as specified. The bill would require the board to include 7 voting members, as specified, and the Chancellor of the California State University, or his or her designee, who would serve as a nonvoting member. The bill would authorize the President of the University of California, or his or her designee, to serve as an additional nonvoting member of the board. The bill would require all members to serve without compensation, but would require reimbursement for actual and reasonable travel and meal expenses to attend board meetings. The bill would require the board to comply with existing state open meeting and public record disclosure laws and would prohibit the disclosure of any information in a public record that is a trade secret, as defined, of a private entity cooperating with the board or participating in the statewide earthquake early warning system or the program. The bill would make legislative findings in support of its provisions. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Effective and sustainable implementation of a statewide earthquake early warning system, as funded through the California Earthquake Safety Fund, requires a governance structure that coordinates the multiple entities involved in establishing and operating the different functional areas of the system, including, but not limited to, system operations, research and development, finance and investment, and training and education. (b) Each of the functional areas necessary for a statewide earthquake early warning system consists of designated working groups that include subject matter experts and stakeholders in the public and private sectors. (c) The California Earthquake Early Warning Advisory Board is intended to advise the Director of Emergency Services on implementation of the earthquake early warning program. SEC. 2. Section 8587.8 of the Government Code is amended to read: 8587.8. (a) The Office of Emergency Services, in collaboration with the California Institute of Technology (Caltech), the California Geological Survey, the University of California, the United States Geological Survey, the Alfred E. Alquist Seismic Safety Commission, and other stakeholders, shall develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, which shall include, but not be limited to, the following features: (1) Installation of field sensors. (2) Improvement of field telemetry. (3) Construction and testing of central processing and notification centers. (4) Establishment of warning notification distribution paths to the public. (5) Integration of earthquake early warning education with general earthquake preparedness efforts. (b) In consultation with stakeholders, the Office of Emergency Services shall develop an approval mechanism to review compliance with earthquake early warning standards as they are developed. The development of the approval mechanism shall include input from a broad representation of earthquake early warning stakeholders. The approval mechanism shall accomplish all of the following: (1) Ensure the standards are appropriate. (2) Determine the degree to which the standards apply to providers and components of the system. (3) Determine methods to ensure compliance with the standards. (4) Determine requirements for participation in the system. (c) The Office of Emergency Services shall identify funding for the system described in subdivision (a) through single or multiple sources of revenue. SEC. 3. Section 8587.11 is added to the Government Code, to read: 8587.11. (a) There is in state government, within the office, both of the following: (1) The California Earthquake Early Warning Program. (2) The California Earthquake Early Warning Advisory Board. (b) The following definitions apply to this section and Section 8587.12: (1) “Board” means the California Earthquake Early Warning Advisory Board. (2) “Program” means the California Earthquake Early Warning Program. (3) “System” means the statewide earthquake early warning system. (c) (1) The board shall be composed of the following eight members: (A) Seven voting members, as follows: (i) The Secretary of the Natural Resources Agency, or his or her designee. (ii) The Secretary of California Health and Human Services, or his or her designee. (iii) The Secretary of Transportation, or his or her designee. (iv) The Secretary of Business, Consumer Services, and Housing, or his or her designee. (v) One member who is appointed by, and serves at the pleasure of, the Speaker of the Assembly and represents the interests of private businesses. (vi) One member who is appointed by, and serves at the pleasure of, the Governor and represents the utilities industry. (vii) One member who is appointed by, and serves at the pleasure of, the Senate Committee on Rules and represents county government. (B) The Chancellor of the California State University, or his or her designee, shall serve as a nonvoting member of the board. (2) The President of the University of California, or his or her designee, may serve as a nonvoting member of the board. (3) The members of the board shall serve without compensation, but shall be reimbursed for actual and reasonable travel and meal expenses to attend board meetings. (d) (1) The board shall convene periodically and advise the director on all aspects of the program, including, but not limited to, the following functional areas of the program: (A) System operations. (B) Research and development. (C) Finance and investment. (D) Training and education. (2) The board shall utilize committees, groups, and organizations, including, but not limited to, the California Institute of Technology, the California Geological Survey, the University of California, the United States Geological Survey, and entities participating in the critical infrastructure sectors to fulfill the objectives of the program by supporting the functional areas of the system. (3) The board shall inform the public regarding, and provide the public with the opportunity to engage the board on, the development and implementation of the system. (4) The board shall consult with program participants, state agencies, departments, boards and commissions, private businesses, postsecondary educational institutions, and subject matter experts, as necessary, to advise the board on the development, implementation, and maintenance of the system. (e) (1) Except as otherwise provided by law, the California Integrated Seismic Network shall be responsible for the generation of an earthquake early warning alert and related system operations. (2) The board shall, in conjunction with the director, determine the appropriate methods to provide the public with an earthquake early warning alert. (f) (1) The board shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (2) Notwithstanding any law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), any information in a public record that is a trade secret, as that term is defined in Section 3426.1 of the Civil Code, of a private entity cooperating with the board or participating in the system or with the program is confidential and shall not be disclosed. SEC. 4. Section 8587.12 is added to the Government Code, to read: 8587.12. (a) On or before February 1, 2018, the office, in consultation with the board, shall develop and submit a business plan for the program to the Senate Committee on Governmental Organization, the Assembly Committee on Governmental Organization, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Legislative Analyst’s Office. The business plan shall include, but not be limited to, all of the following elements: (1) The funding plan for the program and the estimated costs associated with the program. The funding plan shall include, but not be limited to, all of the following: (A) Specific cost estimates for each component of the program, including, but not limited to, education and outreach costs, staff costs, and the capital costs, operation costs, and maintenance costs of the system. (B) Identification of specific sources of funding, including, but not limited to, federal funds, funds from revenue bonds, local funds, general funds, special funds, funds from private sources, and funding from any written agreements with public or private entities to fund components of the program. (2) The expected roles and responsibilities of various program participants, including, but not limited to, private sector partners and local emergency personnel. (3) The expected time schedule for completing the system and when it can start to provide alerts. (4) A discussion of all reasonably foreseeable risks the program may encounter, including, but not limited to, risks associated with the program’s finances, the reliability of the system, access to land for sensor placement, and changes in technology. The plan shall describe the office’s strategies, processes, or other actions it intends to utilize to manage those risks. (b) On or before February 1, 2019, and annually thereafter, the office shall report to the Legislature any changes to the business plan from the prior year and shall provide a general report on progress of the program and the implementation of the system. The report shall include, but not be limited to, all of the following: (1) The overall progress of the implementation of the system. (2) An update on funding acquired and expended. (3) An update on contracts and requests for proposals. (4) A summary of recommendations made by the board to the office. SEC. 5. The Legislature finds and declares that Section 3 of this act, which adds Section 8587.11 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The development and implementation of the California Earthquake Early Warning System will help mitigate the loss of lives and property due to an earthquake. The need to protect the proprietary rights of owners of trade secrets relating to systems or products that may be incorporated into the California Earthquake Early Warning System and used within the California Earthquake Early Warning Program and the need to encourage the participation of those owners in the development and implementation of that system and program outweigh publicly disclosing those trade secrets. ### Summary: This bill establishes the California Earthquake Early Warning Program and the California Earthquake Early Warning Advisory Board within the Office of Emergency Services. The bill also requires the Office of Emergency

The people of the State of California do enact as follows: SECTION 1. Section 303.4 is added to the Elections Code, to read: 303.4. “Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis: (a) Manufacture and finish card stock. (b) Finish unfinished ballot cards into ballot cards. SEC. 2. Section 2170 of the Elections Code is amended to read: 2170. (a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). (b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. (c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. (2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. (d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with all of the following procedures: (1) The elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. (2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). (3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding provisional ballot. (4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information. (5) If a conditional registration is deemed effective, the elections official shall include the corresponding provisional ballot in the official canvass. (e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). SEC. 3. Section 2550 is added to the Elections Code, to read: 2550. (a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data: (1) Name. (2) Address. (3) Precinct. (4) Party preference. (5) Whether or not the voter has been issued a vote by mail ballot. (6) Whether or not the vote by mail ballot has been recorded as received by the elections official. (b) An electronic poll book shall not be used unless it has been certified by the Secretary of State. (c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. (d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. SEC. 4. Section 13004 of the Elections Code is amended to read: 13004. (a) The Secretary of State shall adopt regulations governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and ballot on demand systems. For commercial ballot manufacturers and finishers, the Secretary of State shall require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The Secretary of State shall also approve each ballot card manufacturer, finisher, and ballot on demand system before manufacturing or finishing ballot cards, or deploying a ballot on demand system, for use in California elections. (b) Not later than five working days before the Secretary of State begins his or her initial inspection, the ballot card manufacturer, finisher, or ballot on demand system vendor shall disclose to the Secretary of State in writing any known flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. Once approved by the Secretary of State, the ballot card manufacturer, finisher, or ballot on demand system vendor shall notify the Secretary of State and the affected local elections officials in writing within two business days after it discovers any flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. SEC. 5. Section 13004.5 is added to the Elections Code, to read: 13004.5. (a) A jurisdiction shall not purchase, lease, or contract for a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. (b) A vendor, company, or person shall not sell, lease, or contract with a jurisdiction for the use of a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. (c) This section does not preclude a jurisdiction from conducting research and development of a ballot on demand system.

(1) Existing law permits a county elections official to offer conditional voter registration and provisional voting on election day at satellite offices of the county elections office, as specified. This bill would also allow a county elections official to offer conditional voter registration and provisional voting at satellite offices other than on election day. (2) Existing law requires each precinct board to keep a roster of voters who voted at the precinct, as specified. Existing law also requires an elections official to furnish to the precinct officers, among other things, printed copies of the index to the affidavits of registration for that precinct. This bill would require the Secretary of State to adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books, as defined. The bill would require that the electronic poll book include specified voter registration data. The bill would prohibit the use of an electronic poll book unless it has been certified by the secretary. (3) Existing law requires the secretary to adopt regulations (A) governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and (B) requiring the biennial inspection of the manufacturing, finishing, and storage facilities involving ballot cards. Existing law requires the secretary to also approve each ballot card manufacturer or finisher before a manufacturer or finisher provides ballot cards for use in California elections. This bill would require the secretary to adopt regulations (A) governing ballot on demand systems, as defined, and (B) for purposes of certifying ballot on demand systems. The bill, for commercial ballot manufacturers and finishers, would require the secretary to require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The bill would also require the secretary to approve each ballot on demand system before the system is deployed for use in California elections. The bill would prohibit a jurisdiction from purchasing, leasing, or contracting for, and a vendor, company, or person from selling, leasing, or contracting with a jurisdiction for, a ballot on demand system unless the ballot on demand system has been certified by the secretary.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 303.4 is added to the Elections Code, to read: 303.4. “Ballot on demand system” means a self-contained system that allows users to do both of the following on an as-needed basis: (a) Manufacture and finish card stock. (b) Finish unfinished ballot cards into ballot cards. SEC. 2. Section 2170 of the Elections Code is amended to read: 2170. (a) “Conditional voter registration” means a properly executed affidavit of registration that is delivered by the registrant to the county elections official during the 14 days immediately preceding an election or on election day and which may be deemed effective pursuant to this article after the elections official processes the affidavit, determines the registrant’s eligibility to register, and validates the registrant’s information, as specified in subdivision (c). (b) In addition to other methods of voter registration provided by this code, an elector who is otherwise qualified to register to vote under this code and Section 2 of Article II of the California Constitution may complete a conditional voter registration and cast a provisional ballot during the 14 days immediately preceding an election or on election day pursuant to this article. (c) (1) A conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the information provided by the registrant on the registration affidavit matches information contained in a database maintained by the Department of Motor Vehicles or the federal Social Security Administration. (2) If the information provided by the registrant on the registration affidavit cannot be verified pursuant to paragraph (1) but the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to Section 2150 and the conditional voter registration shall be deemed effective. (d) The county elections official shall offer conditional voter registration and provisional voting pursuant to this article, in accordance with all of the following procedures: (1) The elections official shall provide conditional voter registration and provisional voting pursuant to this article at all permanent offices of the county elections official in the county. (2) The elections official shall advise registrants that a conditional voter registration will be effective only if the registrant is determined to be eligible to register to vote for the election and the information provided by the registrant on the registration affidavit is verified pursuant to subdivision (c). (3) The elections official shall conduct the receipt and handling of each conditional voter registration and offer and receive a corresponding provisional ballot in a manner that protects the secrecy of the ballot and allows the elections official to process the registration, determine the registrant’s eligibility to register, and validate the registrant’s information before counting or rejecting the corresponding provisional ballot. (4) After receiving a conditional voter registration, the elections official shall process the registration, determine the registrant’s eligibility to register, and attempt to validate the registrant’s information. (5) If a conditional registration is deemed effective, the elections official shall include the corresponding provisional ballot in the official canvass. (e) The county elections official may offer conditional voter registration and provisional voting pursuant to this article at satellite offices of the county elections office, in accordance with the procedures specified in paragraphs (2) to (5), inclusive, of subdivision (d). SEC. 3. Section 2550 is added to the Elections Code, to read: 2550. (a) For purposes of this section, “electronic poll book” means an electronic list of registered voters that may be transported to the polling location. An electronic poll book shall contain all of the following voter registration data: (1) Name. (2) Address. (3) Precinct. (4) Party preference. (5) Whether or not the voter has been issued a vote by mail ballot. (6) Whether or not the vote by mail ballot has been recorded as received by the elections official. (b) An electronic poll book shall not be used unless it has been certified by the Secretary of State. (c) The Secretary of State shall adopt and publish electronic poll book standards and regulations governing the certification and use of electronic poll books. (d) The Secretary of State shall not certify an electronic poll book unless it fulfills the requirements of this section and the Secretary of State’s standards and regulations. SEC. 4. Section 13004 of the Elections Code is amended to read: 13004. (a) The Secretary of State shall adopt regulations governing the manufacture, finishing, quality standards, distribution, and inventory control of ballot cards and ballot on demand systems. For commercial ballot manufacturers and finishers, the Secretary of State shall require a biennial inspection of the certified manufacturing, finishing, and storage facilities. The Secretary of State shall also approve each ballot card manufacturer, finisher, and ballot on demand system before manufacturing or finishing ballot cards, or deploying a ballot on demand system, for use in California elections. (b) Not later than five working days before the Secretary of State begins his or her initial inspection, the ballot card manufacturer, finisher, or ballot on demand system vendor shall disclose to the Secretary of State in writing any known flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. Once approved by the Secretary of State, the ballot card manufacturer, finisher, or ballot on demand system vendor shall notify the Secretary of State and the affected local elections officials in writing within two business days after it discovers any flaw or defect in its ballot card manufacturing or finishing process, manufactured or finished ballot cards, or ballot on demand system that could adversely affect the future casting or tallying of votes. SEC. 5. Section 13004.5 is added to the Elections Code, to read: 13004.5. (a) A jurisdiction shall not purchase, lease, or contract for a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. (b) A vendor, company, or person shall not sell, lease, or contract with a jurisdiction for the use of a ballot on demand system unless the ballot on demand system has been certified by the Secretary of State. (c) This section does not preclude a jurisdiction from conducting research and development of a ballot on demand system. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 48852.7 is added to the Education Code, to read: 48852.7. (a) At the point of any change or any subsequent change in residence once a child becomes a homeless child, the local educational agency serving the homeless child shall allow the homeless child to continue his or her education in the school of origin through the duration of homelessness. (b) If the homeless child’s status changes before the end of the academic year so that he or she is no longer homeless, either of the following apply: (1) If the homeless child is in high school, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through graduation. (2) If the homeless child is in kindergarten or any of grades 1 to 8, inclusive, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year. (c) To ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, the following apply: (1) If the homeless child is transitioning between school grade levels, the local educational agency shall allow the homeless child to continue in the school district of origin in the same attendance area. (2) If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the local educational agency shall allow the homeless child to continue to the school designated for matriculation in that school district. (3) The new school shall immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (d) It is the intent of the Legislature that this section shall not supersede or exceed other laws governing special education services for eligible homeless children. (e) (1) The federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) shall govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin. (2) This section does not require a school district to provide transportation to a former homeless child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this section, unless the individualized education program team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided. (3) This section does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Homeless Assistance Act or other federal law. A school district may, at its discretion, provide transportation services to allow a homeless child to attend a school or school district. (f) For purposes of this section, the following definitions apply: (1) “Homeless child” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code. (2) “School of origin” means the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school in which the homeless child was last enrolled, or if there is some other school that the homeless child attended with which the homeless child is connected and that the homeless child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the homeless child and the person holding the right to make educational decisions for the homeless child, shall determine, in the best interests of the homeless child, the school that shall be deemed the school of origin. SEC. 2. Section 48859 of the Education Code is amended to read: 48859. For purposes of this chapter, the following terms have the following meanings: (a) “County placing agency” means the county social services department or county probation department. (b) “Educational authority” means an entity designated to represent the interests of a child for educational and related services. (c) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) The federal McKinney-Vento Homeless Assistance Act sets forth specified requirements relating to the education of homeless children and youth, as defined. Under existing state law, a local educational agency liaison for homeless children and youth is required to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison’s local educational agency, as specified. This bill would require a local educational agency serving a homeless child, once a child becomes a homeless child, to allow the homeless child to continue his or her education in the school of origin through the duration of the homelessness, and would set forth related requirements governing the enrollment of homeless children. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires a pupil placed in a licensed children’s institution or foster family home to attend programs operated by the local educational agency, unless one of certain circumstances applies. Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children, as defined. Existing law requires the educational liaison for foster children to ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and to assist foster children when transferring from one school to another school or from one school district to another school district in ensuring the proper transfer of credits, records, and grades. Existing law defines a local educational agency for purposes of these provisions, the provisions above relating to homeless children and youth, and other related provisions to include a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area. This bill would revise the definition of a local educational agency for purposes of those provisions to include all charter schools. To the extent this would impose additional duties on charter schools, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 48852.7 is added to the Education Code, to read: 48852.7. (a) At the point of any change or any subsequent change in residence once a child becomes a homeless child, the local educational agency serving the homeless child shall allow the homeless child to continue his or her education in the school of origin through the duration of homelessness. (b) If the homeless child’s status changes before the end of the academic year so that he or she is no longer homeless, either of the following apply: (1) If the homeless child is in high school, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through graduation. (2) If the homeless child is in kindergarten or any of grades 1 to 8, inclusive, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year. (c) To ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, the following apply: (1) If the homeless child is transitioning between school grade levels, the local educational agency shall allow the homeless child to continue in the school district of origin in the same attendance area. (2) If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the local educational agency shall allow the homeless child to continue to the school designated for matriculation in that school district. (3) The new school shall immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (d) It is the intent of the Legislature that this section shall not supersede or exceed other laws governing special education services for eligible homeless children. (e) (1) The federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) shall govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin. (2) This section does not require a school district to provide transportation to a former homeless child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this section, unless the individualized education program team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided. (3) This section does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Homeless Assistance Act or other federal law. A school district may, at its discretion, provide transportation services to allow a homeless child to attend a school or school district. (f) For purposes of this section, the following definitions apply: (1) “Homeless child” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code. (2) “School of origin” means the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school in which the homeless child was last enrolled, or if there is some other school that the homeless child attended with which the homeless child is connected and that the homeless child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the homeless child and the person holding the right to make educational decisions for the homeless child, shall determine, in the best interests of the homeless child, the school that shall be deemed the school of origin. SEC. 2. Section 48859 of the Education Code is amended to read: 48859. For purposes of this chapter, the following terms have the following meanings: (a) “County placing agency” means the county social services department or county probation department. (b) “Educational authority” means an entity designated to represent the interests of a child for educational and related services. (c) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 49600 of the Education Code is amended to read: 49600. (a) The governing board of a school district may provide a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program. (b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who is assigned specific times to directly counsel pupils. (c) It is the intent of the Legislature that school counselors do all of the following: (1) Engage with, advocate for, and provide support for, all pupils with respect to learning and achievement. (2) Plan, implement, and evaluate programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, and pupils at all levels of academic, social, and emotional abilities. (3) Use multiple sources of information to monitor and improve pupil behavior and achievement. (4) Collaborate and coordinate with school and community resources. (5) Promote and maintain a safe learning environment for all pupils by providing restorative justice practices, positive behavior interventions, and support services. (6) Intervene to ameliorate school-related problems, including issues related to chronic absences. (7) Use research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying. (8) Improve school climate and pupil well-being. (9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. (10) Provide counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services. (11) Engage in continued development as a professional school counselor. (d) Educational counseling shall include academic counseling, in which pupils receive counseling in the following areas: (1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans. (2) Optimizing progress towards achievement of proficiency standards. (3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes. (4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to public colleges and universities, standardized admissions tests, and financial aid. (5) Career and vocational counseling, in which pupils are assisted in doing all of the following: (A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition. (B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success. (C) Developing realistic perceptions of work, the changing work environment, and the effect of work on lifestyle. (D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options. (E) Understanding the value of participating in career technical education and work-based learning activities and programs, including, but not limited to, service learning, regional occupational centers and programs, partnership programs, job shadowing, and mentoring experiences. (F) Understanding the need to develop essential employable skills and work habits. (G) Understanding the variety of four-year colleges and universities and community college vocational and technical preparation programs, as well as admission criteria and enrollment procedures. (e) Educational counseling may also include counseling in any of the following: (1) Individualized review of the academic and deportment records of a pupil. (2) Individualized review of the pupil’s career goals, and the available academic and career technical education opportunities and community and workplace experiences available to the pupil that may support the pursuit of those goals. (3) Opportunity for a counselor to meet with each pupil and, if practicable, the parents or legal guardian of the pupil to discuss the academic and deportment records of the pupil, his or her educational options, the coursework and academic progress needed for satisfactory completion of middle or high school, passage of the high school exit examination or its successor, education opportunities at community colleges, eligibility for admission to a four-year institution of postsecondary education, including the University of California and the California State University, and the availability of career technical education. That discussion shall also address the availability of intensive instruction and services as required pursuant to subdivision (c) of Section 37254, for up to two consecutive academic years after the completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first, for those pupils who have not passed one or both parts of the high school exit examination, or its successor, by the end of grade 12. The educational options discussed at the meeting shall include, to the extent these services are available, the college preparatory program and career technical education programs, including regional occupational centers and programs and similar alternatives available to pupils within the school district. (4) Identifying pupils who are at risk of not graduating with the rest of their class, are not earning credits at a rate that will enable them to pass the high school exit examination, or its successor, or do not have sufficient training to allow them to fully engage in their chosen career. (5) In schools that enroll pupils in grades 10 and 12, developing a list of coursework and experience necessary to assist each pupil in his or her grade who has not passed one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University, and to successfully transition to postsecondary education or employment. (6) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements, including passing the high school exit examination, or its successor. (7) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist each pupil to begin to satisfy the curricular requirements for admission to the University of California and the California State University. (8) Providing a copy of the lists developed pursuant to paragraphs (6) and (7) to a pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record. (9) Informing each pupil who has failed to pass one or both parts of the high school exit examination, or its successor, of the option of intensive instruction and services. (10) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing his or her education if he or she fails to meet graduation requirements. These options shall include, but are not limited to, all of the following: (A) Enrolling in an adult education program. (B) Enrolling in a community college. (C) Continuing enrollment in the pupil’s current school district. (D) Continuing to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. (11) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (10) to the pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil. (12) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has failed to pass one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and his or her parent or legal guardian: (A) Consequences of not passing the high school exit examination, or its successor. (B) Programs, courses, and career technical education options available to the pupil as needed for satisfactory completion of middle or high school. (C) Cumulative records and transcripts of the pupil. (D) Results of standardized and diagnostic assessments of the pupil. (E) Remediation strategies, high school courses, and alternative education options available to the pupil, including, but not limited to, informing the pupil of the option to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. (F) Information on postsecondary education and training. (G) The score of the pupil on the English language arts or mathematics portion of the California Standards Test administered in grade 6, as applicable. (H) Eligibility requirements, including coursework and test requirements, and the progress of the pupil toward satisfaction of those requirements for admission to four-year institutions of postsecondary education, including the University of California and the California State University. (I) The availability of financial aid for postsecondary education. (13) Personal and social counseling, in which pupils receive counseling pertaining to interpersonal relationships for the purpose of promoting the development of their academic abilities, careers and vocations, and personal and social skills. (f) Professional development related to career and vocational counseling shall include strategies for counseling pupils pursuing postsecondary education, career technical education, multiple pathways, college, and global career opportunities. (g) Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program.

Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the schools of the district, and, if the program is provided, requires educational counseling to include both academic counseling and career and vocational counseling in specified areas. This bill would state the Legislature’s intent that school counselors also perform specified other functions and services to support pupil learning and achievement and would specify that educational counseling may also include counseling in specified other areas, including, but not limited to, individualized review of a pupil’s career goals. The bill would require professional development related to career and vocational counseling to include strategies for counseling pupils in specified areas. The bill would make a conforming change by deleting a provision relating to school counselors providing services prior to January 1, 1987.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 49600 of the Education Code is amended to read: 49600. (a) The governing board of a school district may provide a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program. (b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who is assigned specific times to directly counsel pupils. (c) It is the intent of the Legislature that school counselors do all of the following: (1) Engage with, advocate for, and provide support for, all pupils with respect to learning and achievement. (2) Plan, implement, and evaluate programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, and pupils at all levels of academic, social, and emotional abilities. (3) Use multiple sources of information to monitor and improve pupil behavior and achievement. (4) Collaborate and coordinate with school and community resources. (5) Promote and maintain a safe learning environment for all pupils by providing restorative justice practices, positive behavior interventions, and support services. (6) Intervene to ameliorate school-related problems, including issues related to chronic absences. (7) Use research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying. (8) Improve school climate and pupil well-being. (9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. (10) Provide counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services. (11) Engage in continued development as a professional school counselor. (d) Educational counseling shall include academic counseling, in which pupils receive counseling in the following areas: (1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans. (2) Optimizing progress towards achievement of proficiency standards. (3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes. (4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to public colleges and universities, standardized admissions tests, and financial aid. (5) Career and vocational counseling, in which pupils are assisted in doing all of the following: (A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition. (B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success. (C) Developing realistic perceptions of work, the changing work environment, and the effect of work on lifestyle. (D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options. (E) Understanding the value of participating in career technical education and work-based learning activities and programs, including, but not limited to, service learning, regional occupational centers and programs, partnership programs, job shadowing, and mentoring experiences. (F) Understanding the need to develop essential employable skills and work habits. (G) Understanding the variety of four-year colleges and universities and community college vocational and technical preparation programs, as well as admission criteria and enrollment procedures. (e) Educational counseling may also include counseling in any of the following: (1) Individualized review of the academic and deportment records of a pupil. (2) Individualized review of the pupil’s career goals, and the available academic and career technical education opportunities and community and workplace experiences available to the pupil that may support the pursuit of those goals. (3) Opportunity for a counselor to meet with each pupil and, if practicable, the parents or legal guardian of the pupil to discuss the academic and deportment records of the pupil, his or her educational options, the coursework and academic progress needed for satisfactory completion of middle or high school, passage of the high school exit examination or its successor, education opportunities at community colleges, eligibility for admission to a four-year institution of postsecondary education, including the University of California and the California State University, and the availability of career technical education. That discussion shall also address the availability of intensive instruction and services as required pursuant to subdivision (c) of Section 37254, for up to two consecutive academic years after the completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first, for those pupils who have not passed one or both parts of the high school exit examination, or its successor, by the end of grade 12. The educational options discussed at the meeting shall include, to the extent these services are available, the college preparatory program and career technical education programs, including regional occupational centers and programs and similar alternatives available to pupils within the school district. (4) Identifying pupils who are at risk of not graduating with the rest of their class, are not earning credits at a rate that will enable them to pass the high school exit examination, or its successor, or do not have sufficient training to allow them to fully engage in their chosen career. (5) In schools that enroll pupils in grades 10 and 12, developing a list of coursework and experience necessary to assist each pupil in his or her grade who has not passed one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University, and to successfully transition to postsecondary education or employment. (6) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements, including passing the high school exit examination, or its successor. (7) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist each pupil to begin to satisfy the curricular requirements for admission to the University of California and the California State University. (8) Providing a copy of the lists developed pursuant to paragraphs (6) and (7) to a pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record. (9) Informing each pupil who has failed to pass one or both parts of the high school exit examination, or its successor, of the option of intensive instruction and services. (10) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing his or her education if he or she fails to meet graduation requirements. These options shall include, but are not limited to, all of the following: (A) Enrolling in an adult education program. (B) Enrolling in a community college. (C) Continuing enrollment in the pupil’s current school district. (D) Continuing to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. (11) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (10) to the pupil and his or her parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil. (12) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has failed to pass one or both parts of the high school exit examination, or its successor, or has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and his or her parent or legal guardian: (A) Consequences of not passing the high school exit examination, or its successor. (B) Programs, courses, and career technical education options available to the pupil as needed for satisfactory completion of middle or high school. (C) Cumulative records and transcripts of the pupil. (D) Results of standardized and diagnostic assessments of the pupil. (E) Remediation strategies, high school courses, and alternative education options available to the pupil, including, but not limited to, informing the pupil of the option to receive intensive instruction and services for up to two consecutive academic years after completion of grade 12 or until the pupil has passed both parts of the high school exit examination or its successor, whichever comes first. (F) Information on postsecondary education and training. (G) The score of the pupil on the English language arts or mathematics portion of the California Standards Test administered in grade 6, as applicable. (H) Eligibility requirements, including coursework and test requirements, and the progress of the pupil toward satisfaction of those requirements for admission to four-year institutions of postsecondary education, including the University of California and the California State University. (I) The availability of financial aid for postsecondary education. (13) Personal and social counseling, in which pupils receive counseling pertaining to interpersonal relationships for the purpose of promoting the development of their academic abilities, careers and vocations, and personal and social skills. (f) Professional development related to career and vocational counseling shall include strategies for counseling pupils pursuing postsecondary education, career technical education, multiple pathways, college, and global career opportunities. (g) Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program. ### Summary: This text is a summary of the bill. ### Bill: AB 1266 ### Sponsor: Assembly Member Shirley D. Weber

The people of the State of California do enact as follows: SECTION 1. Section 7021 is added to the Business and Professions Code, to read: 7021. The board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6. SEC. 2. Section 7071.18 is added to the Business and Professions Code, to read: 7071.18. (a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event: (1) The conviction of the licensee for any felony. (2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor. (b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board’s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code. (2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act. SEC. 3. Section 18924.5 is added to the Health and Safety Code, to read: 18924.5. (a) By January 1, 2018, the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in California shall submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory changes or changes to the California Building Standards Code. (b) The working group shall review related documents and reports, including, but not limited to, any available forensic reports related to exterior elevated element failures in California, reports and studies used in the development of national and state building codes, and any other material deemed relevant to make recommendations to the appropriate state agency or agencies for the development of proposed building standards for exterior elevated elements. (c) The working group shall solicit technical expertise as appropriate from, but not limited to, representatives from the Department of Housing and Community Development, the Division of the State Architect—Structural Safety, the Office of the State Fire Marshal, local building officials and plan checkers, e Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code). SEC. 5. The Legislature finds and declares that Section 2 of this act, which adds Section 7071.18 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: By allowing records and documents exempt from disclosure to be shared with the Contractors’ State License Board and remain nonpublic under the Public Records Act, the act adding this section would encourage private individuals and entities to provide the board with information that is vital to the success of its study and report to determine whether additional regulations are appropriate. Therefore, this act properly balances the public’s right to access to public records in the possession of the board with the need for the state to obtain otherwise private information.

(1) Existing law, the Contractors’ State License Law, provides for the licensure, regulation, and discipline of contractors by the Contractors’ State License Board. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Under existing law, protection of the public is required to be the highest priority for the Contractors’ State License Board in exercising its licensing, regulatory, and disciplinary functions. Under existing law, the Division of Occupational Safety and Health has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Existing law requires the division to transmit to the Registrar of Contractors copies of any reports made in any investigation, as specified, and authorizes the division, upon its own motion or upon request, to transmit copies of any other reports made in any investigation conducted involving a licensed contractor. This bill would instead require the Division of Occupational Safety and Health, after consultation with the board, to transmit to the board copies of any citations or other actions taken by the division against a contractor, as defined. The bill would authorize the board to enter into an interagency agreement with any other state or local agency the board deems to be in possession of information relevant to its priority to protect the public. This bill would require a licensee to report to the registrar within 90 days of the date that the licensee has knowledge of the conviction of the licensee for any felony or any other crime substantially related to the qualifications, functions, and duties of a licensed contractor. This bill would require the board to consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, report to the Legislature the results of the study to determine if the board’s ability to protect the public would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. This bill would specify that participation in the study by licensees and consumers is voluntary. The bill would require records or documents obtained by the board during the course of implementing this study that are exempt from public disclosure to remain exempt from disclosure. (2) Under existing law, there exists the California Building Standards Commission. Existing law requires the California Building Standards Commission to, among other things, review the standards of adopting state agencies and approve, return for amendment with recommended changes, or reject building standards submitted to the commission for its approval, as provided. This bill, until January 1, 2018, would require the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in the state to submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory or other changes to the California Building Standards Code and would require the working group to review related documents and reports, as specified. However, if, at any time, it is determined by the working group that one or more changes to the California Building Standards Code are needed as soon as possible in order to protect the public, the bill would, until January 1, 2018, require the working group to submit the recommended changes to the California Building Standards Commission for consideration as soon as possible, as specified. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7021 is added to the Business and Professions Code, to read: 7021. The board may enter into an interagency agreement with any other state or local agency the board deems to be in possession of any information relevant to its priority to protect the public described in Section 7000.6. SEC. 2. Section 7071.18 is added to the Business and Professions Code, to read: 7071.18. (a) Notwithstanding any other law, a licensee shall report to the registrar in writing the occurrence of any of the following within 90 days after the licensee obtains knowledge of the event: (1) The conviction of the licensee for any felony. (2) The conviction of the licensee for any other crime that is substantially related to the qualifications, functions, and duties of a licensed contractor. (b) (1) The board shall consult with licensees, consumers, and other interested stakeholders in order to prepare a study of judgments, arbitration awards, and settlements that were the result of claims for construction defects for rental residential units and, by January 1, 2018, shall report to the Legislature the results of this study to determine if the board’s ability to protect the public as described in Section 7000.6 would be enhanced by regulations requiring licensees to report judgments, arbitration awards, or settlement payments of those claims. Participation by licensees and consumers shall be voluntary. The study shall include, but not be limited to, criteria used by insurers or others to differentiate between settlements that are for nuisance value and those that are not, whether settlement information or other information can help identify licensees who may be subject to an enforcement action, if there is a way to separate subcontractors from general contractors when identifying licensees who may be subject to an enforcement action, whether reporting should be limited to settlements resulting from construction defects that resulted in death or injury, the practice of other boards within the department, and any other criteria considered reasonable by the board. The board shall submit the report to the Legislature in accordance with Section 9795 of the Government Code. (2) Records or documents obtained by the board during the course of implementing this subdivision that are exempt from public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall remain exempt from disclosure pursuant to that act. SEC. 3. Section 18924.5 is added to the Health and Safety Code, to read: 18924.5. (a) By January 1, 2018, the working group formed by the California Building Standards Commission to study recent exterior elevated element failures in California shall submit a report to the appropriate policy committees of the Legislature containing any findings and possible recommendations for statutory changes or changes to the California Building Standards Code. (b) The working group shall review related documents and reports, including, but not limited to, any available forensic reports related to exterior elevated element failures in California, reports and studies used in the development of national and state building codes, and any other material deemed relevant to make recommendations to the appropriate state agency or agencies for the development of proposed building standards for exterior elevated elements. (c) The working group shall solicit technical expertise as appropriate from, but not limited to, representatives from the Department of Housing and Community Development, the Division of the State Architect—Structural Safety, the Office of the State Fire Marshal, local building officials and plan checkers, e Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code). SEC. 5. The Legislature finds and declares that Section 2 of this act, which adds Section 7071.18 to the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: By allowing records and documents exempt from disclosure to be shared with the Contractors’ State License Board and remain nonpublic under the Public Records Act, the act adding this section would encourage private individuals and entities to provide the board with information that is vital to the success of its study and report to determine whether additional regulations are appropriate. Therefore, this act properly balances the public’s right to access to public records in the possession of the board with the need for the state to obtain otherwise private information. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 2701 of the Business and Professions Code is amended to read: 2701. (a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members. (b) For purposes of this chapter, “board,” or “the board,” refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing. (c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. (d) This section shall remain in effect only until January 1, 2018, and as of that date, is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 2708 of the Business and Professions Code is amended to read: 2708. (a) The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties. (b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board. (c) The executive officer shall not be a member of the board. (d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. SEC. 3. Section 2718 is added to the Business and Professions Code, to read: 2718. (a) (1) By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board’s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. (2) The performance audit shall include, but not be limited to, an evaluation of all the following: (A) The quality and consistency of, and compliance with, complaint processing and investigation. (B) The consistency and adequacy of the application of board sanctions or discipline imposed on licensees. (C) The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014. (D) The timeframes for completing complaint processing, investigation, and resolution. (E) Staff concerns regarding licensee disciplinary matters or procedures. (F) The appropriate utilization of licensed professionals to investigate complaints. (G) The adequacy of the board’s cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses. (H) Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog. (I) The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions. (b) Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section. (c) For the purposes of this section, “office” means the California State Auditor’s Office. SEC. 4. Section 2736.5 of the Business and Professions Code is repealed. SEC. 5. Section 2786 of the Business and Professions Code is amended to read: 2786. (a) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). (b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved. (c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1. (d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. SEC. 6. Section 2786.1 is added to the Business and Professions Code, to read: 2786.1. (a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. (b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree. (c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.

The Nursing Practice Act provides for the licensure and regulation of registered nurses by the Board of Registered Nursing within the Department of Consumer Affairs. Existing law requires the board to appoint an executive officer to perform duties delegated by the board. Existing law repeals those provisions establishing the board and the executive officer position on January 1, 2016. This bill would extend the repeal date to January 1, 2018. The act authorizes the board to take disciplinary action against a certified or licensed nurse or to deny an application for a certificate or license for certain reasons, including unprofessional conduct. Existing law establishes the California State Auditor’s Office, which is headed by the California State Auditor, to conduct financial and performance audits as directed by statute. This bill would require the board, by February 1, 2016, to contract with the California State Auditor’s Office to conduct a performance audit of the board’s enforcement program, as specified. The bill would require the board to reimburse the office for the cost of the performance audit. The bill would require the office to report the results of the audit to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. The bill would require the board’s staff and management to cooperate with the office and provide the office with access to data, case files, employees, and information. The act authorizes any person who has served on active duty in the medical corps of the Armed Forces of the United States and who successfully completed the course of instruction to qualify him or her for rating as a medical service technician—independent duty, or other equivalent rating, and whose service in the Armed Forces was under honorable conditions to submit the record of that training to the board for evaluation. The act requires the board to grant a license to that person if he or she meets specified qualifications and the board determines that his or her education would give reasonable assurance of competence to practice as a registered nurse in this state. The act requires the board to maintain records of those applicants, including, but not limited to, applicants who are rejected from examination. This bill would repeal those provisions. The act requires the board to maintain a list of approved schools or programs of nursing in this state, as specified, and provides that an approved school or program of nursing is one that has been approved by the board and meets certain academic requirements. The act requires the board to deny an application for approval of, and to revoke the approval given to, any school of nursing that does not give student applicants credit for previous education and the opportunity to obtain credit for other acquired knowledge by the use of challenge examinations or other methods of evaluation. This bill would require the board to deny or revoke approval of a school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. The bill would require the board, by January 1, 2017, to adopt regulations requiring schools seeking approval to have a process to evaluate and grant credit, as defined, for military education and experience. The bill would require the board to review a school’s policies and practices regarding granting credit for military education and experience at least once every 5 years to ensure consistency in evaluation and application across schools. The bill would require the board to post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2701 of the Business and Professions Code is amended to read: 2701. (a) There is in the Department of Consumer Affairs the Board of Registered Nursing consisting of nine members. (b) For purposes of this chapter, “board,” or “the board,” refers to the Board of Registered Nursing. Any reference in state law to the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration shall be construed to refer to the Board of Registered Nursing. (c) The board shall have all authority vested in the previous board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. (d) This section shall remain in effect only until January 1, 2018, and as of that date, is repealed, unless a later enacted statute that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 2708 of the Business and Professions Code is amended to read: 2708. (a) The board shall appoint an executive officer who shall perform the duties delegated by the board and who shall be responsible to it for the accomplishment of those duties. (b) The executive officer shall be a nurse currently licensed under this chapter and shall possess other qualifications as determined by the board. (c) The executive officer shall not be a member of the board. (d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. SEC. 3. Section 2718 is added to the Business and Professions Code, to read: 2718. (a) (1) By February 1, 2016, the board shall contract with the office to conduct a performance audit of the board’s enforcement program. The board shall reimburse the office for the cost of the performance audit. The office shall report the results of the audit, with any recommendations, to the Governor, the department, and the appropriate policy committees of the Legislature by January 1, 2017. (2) The performance audit shall include, but not be limited to, an evaluation of all the following: (A) The quality and consistency of, and compliance with, complaint processing and investigation. (B) The consistency and adequacy of the application of board sanctions or discipline imposed on licensees. (C) The accuracy and consistency in implementing the laws and rules affecting discipline, including adherence to the Division of Investigation Case Acceptance Guidelines (Consumer Protection Enforcement Initiative Model), as revised July 1, 2014. (D) The timeframes for completing complaint processing, investigation, and resolution. (E) Staff concerns regarding licensee disciplinary matters or procedures. (F) The appropriate utilization of licensed professionals to investigate complaints. (G) The adequacy of the board’s cooperation with other state agencies charged with enforcing related laws and regulations regarding nurses. (H) Any existing backlog, the reason for the backlog, and the timeframe for eliminating the backlog. (I) The adequacy of board staffing, training, and fiscal resources to perform its enforcement functions. (b) Board staff and management shall cooperate with the office and shall provide the office with access to data, case files, employees, and information as the office may, in its discretion, require for the purposes of this section. (c) For the purposes of this section, “office” means the California State Auditor’s Office. SEC. 4. Section 2736.5 of the Business and Professions Code is repealed. SEC. 5. Section 2786 of the Business and Professions Code is amended to read: 2786. (a) An approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than two academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education. For purposes of this section, “institution of higher education” includes, but is not limited to, community colleges offering an associate of arts or associate of science degree and private postsecondary institutions offering an associate of arts, associate of science, or baccalaureate degree or an entry-level master’s degree, and is an institution that is not subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code). (b) A school of nursing that is affiliated with an institution that is subject to the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code), may be approved by the board to grant an associate of arts or associate of science degree to individuals who graduate from the school of nursing or to grant a baccalaureate degree in nursing with successful completion of an additional course of study as approved by the board and the institution involved. (c) The board shall determine by regulation the required subjects of instruction to be completed in an approved school of nursing for licensure as a registered nurse and shall include the minimum units of theory and clinical experience necessary to achieve essential clinical competency at the entry level of the registered nurse. The board’s regulations shall be designed to require all schools to provide clinical instruction in all phases of the educational process, except as necessary to accommodate military education and experience as specified in Section 2786.1. (d) The board shall perform or cause to be performed an analysis of the practice of the registered nurse no less than every five years. Results of the analysis shall be utilized to assist in the determination of the required subjects of instruction, validation of the licensing examination, and assessment of the current practice of nursing. SEC. 6. Section 2786.1 is added to the Business and Professions Code, to read: 2786.1. (a) The board shall deny the application for approval made by, and shall revoke the approval given to, any school of nursing that does not give student applicants credit in the field of nursing for military education and experience by the use of challenge examinations or other methods of evaluation. (b) The board shall adopt regulations by January 1, 2017, requiring schools to have a process to evaluate and grant credit for military education and experience. The regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The word “credit,” as used in this subdivision, is limited to credit for licensure only. The board is not authorized to prescribe the credit that an approved school of nursing shall give toward an academic certificate or degree. (c) The board shall review a school’s policies and practices regarding granting credit for military education and experience at least once every five years to ensure consistency in evaluation and application across schools. The board shall post on its Internet Web site information related to the acceptance of military coursework and experience at each approved school. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 312.2 is added to the Business and Professions Code, to read: 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General: (1) The number of accusation matters referred to the Attorney General. (2) The number of accusation matters rejected for filing by the Attorney General. (3) The number of accusation matters for which further investigation was requested by the Attorney General. (4) The number of accusation matters for which further investigation was received by the Attorney General. (5) The number of accusations filed by each constituent entity. (6) The number of accusations a constituent entity withdraws. (7) The number of accusation matters adjudicated by the Attorney General. (b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section: (1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity. (2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation. (3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity. (4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity. (5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings. (6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing. (c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 2. Section 328 is added to the Business and Professions Code, to read: 328. (a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. (b) The Medical Board of California shall not be required to utilize the guidelines implemented pursuant to subdivision (a). SEC. 3. Section 5000 of the Business and Professions Code is amended to read: 5000. (a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. (b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession. (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (d) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements. SEC. 4. Section 5015.6 of the Business and Professions Code is amended to read: 5015.6. The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 5. Section 5100.5 is added to the Business and Professions Code, to read: 5100.5. (a) After notice and hearing the board may, for unprofessional conduct, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services described in Section 5051. (b) A licensee may petition the board pursuant to Section 5115 for reduction of penalty or reinstatement of the privilege to engage in the service or act restricted or limited by the board. (c) The authority or sanctions provided by this section are in addition to any other civil, criminal, or administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties, or sanctions. (d) Failure to comply with any restriction or limitation imposed by the board pursuant to this section is grounds for revocation of the license. (e) For purposes of this section, both of the following shall apply: (1) “Unprofessional conduct” includes, but is not limited to, those grounds for discipline or denial listed in Section 5100. (2) “Permanently restrict or limit the practice of” includes, but is not limited to, the prohibition on engaging in or performing any attestation engagement, audits, or compilations. SEC. 6. Section 7000.5 of the Business and Professions Code is amended to read: 7000.5. (a) There is in the Department of Consumer Affairs a Contractors’ State License Board, which consists of 15 members. (b) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 7. Section 7011 of the Business and Professions Code is amended to read: 7011. (a) The board, by and with the approval of the director, shall appoint a registrar of contractors and fix his or her compensation. (b) The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to him or her by the board. (c) For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary. (d) Appointments shall be made in accordance with the provisions of civil service laws. (e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 8. Section 7067.5 of the Business and Professions Code is repealed. SEC. 9. Section 7071.6 of the Business and Professions Code is amended to read: 7071.6. (a) The board shall require as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file a contractor’s bond in the sum of fifteen thousand dollars ($15,000). (b) Excluding the claims brought by the beneficiaries specified in subdivision (a) of Section 7071.5, the aggregate liability of a surety on claims brought against a bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in subdivision (a) of Section 7071.5. However, nothing in this section shall be construed so as to prevent any beneficiary specified in subdivision (a) of Section 7071.5 from claiming or recovering the full measure of the bond required by this section. (c) No bond shall be required of a holder of a license that has been inactivated on the official records of the board during the period the license is inactive. (d) Notwithstanding any other law, as a condition precedent to licensure, the board may require an applicant to post a contractor’s bond in twice the amount required pursuant to subdivision (a) until the time that the license is renewed, under the following conditions: (1) The applicant has either been convicted of a violation of Section 7028 or has been cited pursuant to Section 7028.7. (2) If the applicant has been cited pursuant to Section 7028.7, the citation has been reduced to a final order of the registrar. (3) The violation of Section 7028, or the basis for the citation issued pursuant to Section 7028.7, constituted a substantial injury to the public.

Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, commissions, divisions, and other agencies within the Department of Consumer Affairs. Existing law requires an agency within the department to investigate a consumer accusation or complaint against a licensee and, where appropriate, the agency is authorized to impose disciplinary action against a licensee. Under existing law, an agency within the department may refer a complaint to the Attorney General or Office of Administrative Hearings for further action. This bill would require the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department. Existing law creates the Division of Investigation within the department and requires investigators who have the authority of peace officers to be in the division to investigate the laws administered by the various boards comprising the department or commence directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. This bill would, in order to implement the Consumer Protection Enforcement Initiative of 2010, require the Director of Consumer Affairs, through the Division of Investigation, to implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their complaint and investigative workloads and to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. The bill would exempt the Medical Board of California from required utilization of these guidelines. Under existing law, the California Board of Accountancy within the department is responsible for the licensure and regulation of accountants and is required to designate an executive officer. Existing law repeals these provisions on January 1, 2016. This bill would extend the repeal date to January 1, 2020. Existing law authorizes the California Board of Accountancy, after notice and hearing, to revoke, suspend, or refuse to renew any permit or certificate, as specified, or to censure the holder of that permit or certificate for unprofessional conduct. This bill would additionally authorize the board, after notice and hearing, to permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license for unprofessional conduct. This bill would authorize a licensee to petition the board for reduction of a penalty or reinstatement of the privilege, as specified, and would provide that failure to comply with any restriction or limitation imposed by the board is grounds for revocation of the license. Under existing law, the Contractors’ State License Law, the Contractors’ State License Board is responsible for the licensure and regulation of contractors and is required to appoint a registrar of contractors. Existing law repeals these provisions establishing the board and requiring it to appoint a registrar on January 1, 2016. This bill would extend these repeal dates to January 1, 2020. Existing law requires every applicant for an original contractor’s license, the reactivation of an inactive license, or the reissuance or reinstatement of a revoked license to evidence financial solvency, as specified, and requires the registrar to deny the application of any applicant who fails to comply with that requirement. Existing law, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, requires the applicant or licensee to file or have on file a contractor’s bond in the sum of $12,500. This bill would repeal that evidence of financial solvency requirement and would instead require that bond to be in the sum of $15,000.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 312.2 is added to the Business and Professions Code, to read: 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General: (1) The number of accusation matters referred to the Attorney General. (2) The number of accusation matters rejected for filing by the Attorney General. (3) The number of accusation matters for which further investigation was requested by the Attorney General. (4) The number of accusation matters for which further investigation was received by the Attorney General. (5) The number of accusations filed by each constituent entity. (6) The number of accusations a constituent entity withdraws. (7) The number of accusation matters adjudicated by the Attorney General. (b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section: (1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity. (2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation. (3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity. (4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity. (5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings. (6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing. (c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 2. Section 328 is added to the Business and Professions Code, to read: 328. (a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation. (b) The Medical Board of California shall not be required to utilize the guidelines implemented pursuant to subdivision (a). SEC. 3. Section 5000 of the Business and Professions Code is amended to read: 5000. (a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter. (b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession. (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. (d) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements. SEC. 4. Section 5015.6 of the Business and Professions Code is amended to read: 5015.6. The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 5. Section 5100.5 is added to the Business and Professions Code, to read: 5100.5. (a) After notice and hearing the board may, for unprofessional conduct, permanently restrict or limit the practice of a licensee or impose a probationary term or condition on a license, which prohibits the licensee from performing or engaging in any of the acts or services described in Section 5051. (b) A licensee may petition the board pursuant to Section 5115 for reduction of penalty or reinstatement of the privilege to engage in the service or act restricted or limited by the board. (c) The authority or sanctions provided by this section are in addition to any other civil, criminal, or administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other disciplinary authority, penalties, or sanctions. (d) Failure to comply with any restriction or limitation imposed by the board pursuant to this section is grounds for revocation of the license. (e) For purposes of this section, both of the following shall apply: (1) “Unprofessional conduct” includes, but is not limited to, those grounds for discipline or denial listed in Section 5100. (2) “Permanently restrict or limit the practice of” includes, but is not limited to, the prohibition on engaging in or performing any attestation engagement, audits, or compilations. SEC. 6. Section 7000.5 of the Business and Professions Code is amended to read: 7000.5. (a) There is in the Department of Consumer Affairs a Contractors’ State License Board, which consists of 15 members. (b) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 7. Section 7011 of the Business and Professions Code is amended to read: 7011. (a) The board, by and with the approval of the director, shall appoint a registrar of contractors and fix his or her compensation. (b) The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to him or her by the board. (c) For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary. (d) Appointments shall be made in accordance with the provisions of civil service laws. (e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 8. Section 7067.5 of the Business and Professions Code is repealed. SEC. 9. Section 7071.6 of the Business and Professions Code is amended to read: 7071.6. (a) The board shall require as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the applicant or licensee file or have on file a contractor’s bond in the sum of fifteen thousand dollars ($15,000). (b) Excluding the claims brought by the beneficiaries specified in subdivision (a) of Section 7071.5, the aggregate liability of a surety on claims brought against a bond required by this section shall not exceed the sum of seven thousand five hundred dollars ($7,500). The bond proceeds in excess of seven thousand five hundred dollars ($7,500) shall be reserved exclusively for the claims of the beneficiaries specified in subdivision (a) of Section 7071.5. However, nothing in this section shall be construed so as to prevent any beneficiary specified in subdivision (a) of Section 7071.5 from claiming or recovering the full measure of the bond required by this section. (c) No bond shall be required of a holder of a license that has been inactivated on the official records of the board during the period the license is inactive. (d) Notwithstanding any other law, as a condition precedent to licensure, the board may require an applicant to post a contractor’s bond in twice the amount required pursuant to subdivision (a) until the time that the license is renewed, under the following conditions: (1) The applicant has either been convicted of a violation of Section 7028 or has been cited pursuant to Section 7028.7. (2) If the applicant has been cited pursuant to Section 7028.7, the citation has been reduced to a final order of the registrar. (3) The violation of Section 7028, or the basis for the citation issued pursuant to Section 7028.7, constituted a substantial injury to the public. ### Summary: This bill would amend the Business and Professions Code to require the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the

The people of the State of California do enact as follows: SECTION 1. Section 18602 of the Business and Professions Code is amended to read: 18602. (a) Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code. No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission. (b) In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas: (1) A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine. (2) Financial management. (3) Public safety. (4) Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator. (c) Each mction renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 18613 of the Business and Professions Code is amended to read: 18613. (a) (1) The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs. (2) The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter. (b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 3. Section 18645 of the Business and Professions Code is amended to read: 18645. (a) There is hereby created within the jurisdiction of the State Athletic Commission an Advisory Committee on Medical and Safety Standards. (b) The committee shall consist of six licensed physicians and surgeons appointed by the commission. The commission may call meetings of those physicians and surgeons at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. (c) It shall require a majority vote of the commission to appoint a person to the committee. Each appointment shall be at the pleasure of the commission for a term not to exceed four years. (d) A majority of the appointed members of the committee shall constitute a quorum for the purposes of meeting. SEC. 4. Section 18649 is added to the Business and Professions Code, to read: 18649. (a) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any prohibited substance specified in the Prohibited List of the World Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a professional or amateur boxer or martial arts fighter licensed by the commission shall be prohibited. The commission, in its discretion and pursuant to regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), may determine the necessity of exemptions to this section for certain licensees. (b) The commission may conduct testing at any time during the period of licensure for a professional or amateur boxer or martial arts fighter licensed by the commission to ensure compliance with subdivision (a). (c) The commission may collect blood and urine specimens from a professional or amateur boxer or martial arts fighter licensed by the commission to detect the presence of any prohibited substances. Collection of specimens shall be done in the presence of authorized commission personnel. (d) A professional or amateur boxer or martial arts fighter licensed by the commission, for which the presence of a prohibited substance is detected through testing by the commission, shall be in violation of this section and subject to the penalties described in Section 18843. SEC. 5. Section 18843 of the Business and Professions Code is amended to read: 18843. (a) In addition to its authority under other provisions of this chapter to take action against a licensee, the commission, its executive officer, or his or her duly authorized representative shall have the authority to assess fines not to exceed two thousand five hundred dollars ($2,500) for each violation of any of the provisions of this chapter or any of the rules and regulations of the commission. (b) Notwithstanding any other provision, the commission may also assess a fine of up to 40 percent of the total purse for a violation of Section 18649 related to the use of prohibited substances. (c) Fines may be assessed without advance hearing, but the licensee may apply to the commission for a hearing on the matter if the fine should be modified or set aside. This application for a hearing shall be in writing and shall be received by the commission within 30 days after service of notice of the fine. Upon receipt of this written request, the commission shall set the matter for hearing within 30 days. SEC. 6. Section 18852 of the Business and Professions Code is amended and renumbered to read: 18851. A manager of a boxer or martial arts fighter shall maintain an accurate annual record showing all of the following with respect to each contest in which the boxer or martial arts fighter has participated: (a) Training expenses. (b) Amount of money actually paid to the contestant. (c) Amount of money which the manager received from the purse. (d) Amount of money owed to the manager by the contestant. The manager’s record shall be supported by documentation, shall be made available to both the fighter under contract and the commission upon request, and shall be kept in the manager’s possession for a period of five years from the transaction. SEC. 7. Section 18853 of the Business and Professions Code is amended and renumbered to read: 18852. No fighter shall be paid before a contest, except that a promoter may, with the written approval of the commission, advance to the fighter before the contest, up to one thousand dollars ($1,000) plus any necessary transportation and living expenses. However, such advance, except necessary transportation and living expenses, shall not exceed 20 percent of the fighter’s purse. SEC. 8. Section 18854 of the Business and Professions Code is amended and renumbered to read: 18853. No fighter, nor his or her manager, shall be paid for the services of the fighter except in the presence of an authorized commission representative. The commission representative shall report to the executive officer any payment made contrary to the provisions of the contract on file with the commission. SEC. 9. Section 18855 of the Business and Professions Code is amended and renumbered to read: 18854. Any official who fails to enforce the provisions of this act or the commission’s rules and regulations shall be subject to disciplinary action. SEC. 10. Section 18855 is added to the Business and Professions Code, to read: 18855. The commission shall recognize and enforce contracts between boxers or martial arts fighters and managers and between boxers or martial arts fighters and licensed clubs. Contracts shall be executed on printed forms approved by the commission. The commission may recognize or enforce a contract not on its printed form if entered into in another jurisdiction. No other contract or agreement may be recognized or enforced by the commission. All disputes between the parties to the contract, including the validity of the contract, shall be arbitrated by the commission pursuant to the provisions of the contract. Subject to Section 227 of Title 4 of the California Code of Regulations, a person who seeks arbitration of a contract shall send a written request to the commission’s headquarters and to the office of the Attorney General. The commission may seek cost recovery related to arbitration proceedings from the parties subject to the proceedings. SEC. 11. Section 18860 of the Business and Professions Code is amended and renumbered to read: 18856. (a) The commission, the executive officer, or authorized representative shall have power to order a promoter to withhold any purse, any part thereof, any receipts or other funds owing or payable to any contestant, or the share thereof of any manager, if, in his or her judgment, it should appear that the contestant is not competing honestly, or is intentionally not competing to the best of his or her ability, or if it should appear that the contestant, manager, or any seconds have violated any provision of this act, or the rules and regulations adopted by the commission. (b) Any purse, or portion thereof, so withheld, shall be delivered by the promoter to the commission upon demand. Any contestant claiming the money withheld shall within 10 days after the end of the contest apply in writing to the commission for a hearing, the commission shall fix a date for the hearing, and after the hearing determines the disposition to be made of the money held by the commission. (c) If no application for a hearing is filed within the time prescribed the commission shall meet and determine the disposition to be made of the money held by the commission. (d) This section does not apply to any exhibition where the participants are not competing to the best of their ability. SEC. 12. Section 18861 of the Business and Professions Code is amended and renumbered to read: 18857. The commission, the executive officer, or authorized representative shall have the power to order a promoter to withhold 10 percent of the total purse payable to a contestant if the manager of the contestant does not present an itemized statement of expenses incurred in connection with the contest. The money so withheld shall be paid to the commission and held in trust for payment to the contestant or his or her manager, upon presentation by the manager to the commission of the itemized statement of expenses. SEC. 13. Section 18865 of the Business and Professions Code is amended and renumbered to read: 18858. Any licensee who directly or indirectly holds, participates in, aids, or abets any sham or fake contest or match shall be subject to disciplinary action. This section does not apply to any exhibition. SEC. 14. Section 18868 of the Business and Professions Code is amended and renumbered to read: 18859. (a) The commission shall have the authority to obtain and review criminal history information to determine whether an applicant or licensee has been convicted of any offense or has been arrested for any offense for which disposition is still pending. A conviction, or a plea of guilty or nolo contendere to an offense, may be cause to deny an application or take disciplinary action against a licensee dependent on the relevancy of the offense to the licensed activity. (b) The commission may require applicants to submit two sets of fingerprints which shall be furnished to the Department of Justice. Upon the request of the commission, the Department of Justice shall submit one set of the fingerprints to the Federal Bureau of Investigation to obtain a copy of the Federal Bureau of Investigation’s record and shall retain one set to search the California criminal history system. SEC. 15. Section 18869 of the Business and Professions Code is amended and renumbered to read: 18860. Nothing in this chapter shall prevent any county, city, or city and county from prohibiting the holding or participating in any contest, match, or exhibition. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Under existing law, the State Athletic Commission Act, the State Athletic Commission has jurisdiction over all professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of forms of full contact martial arts contests, including mixed martial arts, and matches or exhibitions conducted, held, or given within this state. A violation of the act is a crime. Existing law requires the commission to appoint an executive officer. Existing law repeals these provisions establishing the commission and authorizing it to appoint an executive officer on January 1, 2016. This bill would extend those repeal dates to January 1, 2020. Existing law requires the Advisory Committee on Medical and Safety Standards to consist of 6 licensed physicians and surgeons appointed by the commission and authorizes the commission to call meetings at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. This bill would provide that a majority of the appointed members of the committee constitutes a quorum for the purposes of those meetings. Existing regulation prohibits the administration or use of any drugs, alcohol or stimulants, or injections in any part of the body, either before or during a match, to or by any boxer. Under existing regulation, a person who applies for or holds a license as a professional boxer and who has at any time had a positive drug test confirmed by any commission for any specified substance is required as a condition of licensure or renewal to provide a urine specimen. Further, under existing regulation, a licensed boxer is required to provide a urine specimen for drug testing either before or after the bout, as directed by the commission. This bill would prohibit the administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any specified prohibited substances by a professional or amateur boxer or martial arts fighter licensed by the commission. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program. The bill would authorize the commission, subject to the adoption of regulations, to determine the necessity of exemptions to that prohibition. The bill would authorize the commission to conduct testing at any time during the period of licensure to ensure compliance with the prohibition, as provided. The bill would make a licensee in violation of the prohibition subject to a fine of up to 40% of the value of the total purse. Under existing regulation, contracts between boxers and managers and between boxers or managers and licensed clubs are required to be executed on printed forms approved by the commission. Existing regulation authorizes the commission to recognize or enforce a contract not on its printed form if entered into in another jurisdiction. Existing regulation prohibits no other contract or agreement from being recognized or enforced by the commission. Under existing regulation, all disputes between the parties to the contract, including the validity of the contract, are required to be arbitrated pursuant to the provisions of the contract. Under existing regulation, a person who seeks arbitration of a contract dispute is required to send a written request for arbitration to the commission and to the office of the Attorney General, as specified. This bill would codify these regulatory provisions in statute and would authorize the commission to recover the costs for the arbitration from the parties subject to the arbitration. This bill would renumber various enforcement provisions and would make other nonsubstantive changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 18602 of the Business and Professions Code is amended to read: 18602. (a) Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code. No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission. (b) In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas: (1) A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine. (2) Financial management. (3) Public safety. (4) Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator. (c) Each mction renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 18613 of the Business and Professions Code is amended to read: 18613. (a) (1) The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs. (2) The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter. (b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 3. Section 18645 of the Business and Professions Code is amended to read: 18645. (a) There is hereby created within the jurisdiction of the State Athletic Commission an Advisory Committee on Medical and Safety Standards. (b) The committee shall consist of six licensed physicians and surgeons appointed by the commission. The commission may call meetings of those physicians and surgeons at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. (c) It shall require a majority vote of the commission to appoint a person to the committee. Each appointment shall be at the pleasure of the commission for a term not to exceed four years. (d) A majority of the appointed members of the committee shall constitute a quorum for the purposes of meeting. SEC. 4. Section 18649 is added to the Business and Professions Code, to read: 18649. (a) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any prohibited substance specified in the Prohibited List of the World Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a professional or amateur boxer or martial arts fighter licensed by the commission shall be prohibited. The commission, in its discretion and pursuant to regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), may determine the necessity of exemptions to this section for certain licensees. (b) The commission may conduct testing at any time during the period of licensure for a professional or amateur boxer or martial arts fighter licensed by the commission to ensure compliance with subdivision (a). (c) The commission may collect blood and urine specimens from a professional or amateur boxer or martial arts fighter licensed by the commission to detect the presence of any prohibited substances. Collection of specimens shall be done in the presence of authorized commission personnel. (d) A professional or amateur boxer or martial arts fighter licensed by the commission, for which the presence of a prohibited substance is detected through testing by the commission, shall be in violation of this section and subject to the penalties described in Section 18843. SEC. 5. Section 18843 of the Business and Professions Code is amended to read: 18843. (a) In addition to its authority under other provisions of this chapter to take action against a licensee, the commission, its executive officer, or his or her duly authorized representative shall have the authority to assess fines not to exceed two thousand five hundred dollars ($2,500) for each violation of any of the provisions of this chapter or any of the rules and regulations of the commission. (b) Notwithstanding any other provision, the commission may also assess a fine of up to 40 percent of the total purse for a violation of Section 18649 related to the use of prohibited substances. (c) Fines may be assessed without advance hearing, but the licensee may apply to the commission for a hearing on the matter if the fine should be modified or set aside. This application for a hearing shall be in writing and shall be received by the commission within 30 days after service of notice of the fine. Upon receipt of this written request, the commission shall set the matter for hearing within 30 days. SEC. 6. Section 18852 of the Business and Professions Code is amended and renumbered to read: 18851. A manager of a boxer or martial arts fighter shall maintain an accurate annual record showing all of the following with respect to each contest in which the boxer or martial arts fighter has participated: (a) Training expenses. (b) Amount of money actually paid to the contestant. (c) Amount of money which the manager received from the purse. (d) Amount of money owed to the manager by the contestant. The manager’s record shall be supported by documentation, shall be made available to both the fighter under contract and the commission upon request, and shall be kept in the manager’s possession for a period of five years from the transaction. SEC. 7. Section 18853 of the Business and Professions Code is amended and renumbered to read: 18852. No fighter shall be paid before a contest, except that a promoter may, with the written approval of the commission, advance to the fighter before the contest, up to one thousand dollars ($1,000) plus any necessary transportation and living expenses. However, such advance, except necessary transportation and living expenses, shall not exceed 20 percent of the fighter’s purse. SEC. 8. Section 18854 of the Business and Professions Code is amended and renumbered to read: 18853. No fighter, nor his or her manager, shall be paid for the services of the fighter except in the presence of an authorized commission representative. The commission representative shall report to the executive officer any payment made contrary to the provisions of the contract on file with the commission. SEC. 9. Section 18855 of the Business and Professions Code is amended and renumbered to read: 18854. Any official who fails to enforce the provisions of this act or the commission’s rules and regulations shall be subject to disciplinary action. SEC. 10. Section 18855 is added to the Business and Professions Code, to read: 18855. The commission shall recognize and enforce contracts between boxers or martial arts fighters and managers and between boxers or martial arts fighters and licensed clubs. Contracts shall be executed on printed forms approved by the commission. The commission may recognize or enforce a contract not on its printed form if entered into in another jurisdiction. No other contract or agreement may be recognized or enforced by the commission. All disputes between the parties to the contract, including the validity of the contract, shall be arbitrated by the commission pursuant to the provisions of the contract. Subject to Section 227 of Title 4 of the California Code of Regulations, a person who seeks arbitration of a contract shall send a written request to the commission’s headquarters and to the office of the Attorney General. The commission may seek cost recovery related to arbitration proceedings from the parties subject to the proceedings. SEC. 11. Section 18860 of the Business and Professions Code is amended and renumbered to read: 18856. (a) The commission, the executive officer, or authorized representative shall have power to order a promoter to withhold any purse, any part thereof, any receipts or other funds owing or payable to any contestant, or the share thereof of any manager, if, in his or her judgment, it should appear that the contestant is not competing honestly, or is intentionally not competing to the best of his or her ability, or if it should appear that the contestant, manager, or any seconds have violated any provision of this act, or the rules and regulations adopted by the commission. (b) Any purse, or portion thereof, so withheld, shall be delivered by the promoter to the commission upon demand. Any contestant claiming the money withheld shall within 10 days after the end of the contest apply in writing to the commission for a hearing, the commission shall fix a date for the hearing, and after the hearing determines the disposition to be made of the money held by the commission. (c) If no application for a hearing is filed within the time prescribed the commission shall meet and determine the disposition to be made of the money held by the commission. (d) This section does not apply to any exhibition where the participants are not competing to the best of their ability. SEC. 12. Section 18861 of the Business and Professions Code is amended and renumbered to read: 18857. The commission, the executive officer, or authorized representative shall have the power to order a promoter to withhold 10 percent of the total purse payable to a contestant if the manager of the contestant does not present an itemized statement of expenses incurred in connection with the contest. The money so withheld shall be paid to the commission and held in trust for payment to the contestant or his or her manager, upon presentation by the manager to the commission of the itemized statement of expenses. SEC. 13. Section 18865 of the Business and Professions Code is amended and renumbered to read: 18858. Any licensee who directly or indirectly holds, participates in, aids, or abets any sham or fake contest or match shall be subject to disciplinary action. This section does not apply to any exhibition. SEC. 14. Section 18868 of the Business and Professions Code is amended and renumbered to read: 18859. (a) The commission shall have the authority to obtain and review criminal history information to determine whether an applicant or licensee has been convicted of any offense or has been arrested for any offense for which disposition is still pending. A conviction, or a plea of guilty or nolo contendere to an offense, may be cause to deny an application or take disciplinary action against a licensee dependent on the relevancy of the offense to the licensed activity. (b) The commission may require applicants to submit two sets of fingerprints which shall be furnished to the Department of Justice. Upon the request of the commission, the Department of Justice shall submit one set of the fingerprints to the Federal Bureau of Investigation to obtain a copy of the Federal Bureau of Investigation’s record and shall retain one set to search the California criminal history system. SEC. 15. Section 18869 of the Business and Professions Code is amended and renumbered to read: 18860. Nothing in this chapter shall prevent any county, city, or city and county from prohibiting the holding or participating in any contest, match, or exhibition. SEC. 16. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: This bill amends the Business and Professions Code to reorganize and update the State Athletic Commission. The bill repeals the existing commission and replaces it with a new commission

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Water and energy resources are inextricably connected. This relationship is known as the water-energy nexus. (A) The energy used to drive California’s water system, including, but not limited to, the fuels used to power groundwater pumps, transportation, treatment and disposal systems for water and wastewater, heating and cooling of water in buildings and other facilities, the delivery of water, and end uses, accounts for nearly 20 percent of the total electricity usage and 30 percent of nonpower-related natural gas consumed, and there are known gaps in quantifying greenhouse gas emissions associated with that energy use. (B) The water used to drive California’s energy system, including, but not limited to, the water used to turn turbines for hydropower, to produce steam and cooling systems for thermoelectric power, and to extract and refine oil and gas, represents a substantial portion of our state water demand. (C) Consequently, saving water saves energy, and vice versa. (D) Because the production of energy often results in the emission of greenhouse gases, there is substantial potential for emission reductions in the water system. (2) While energy use has historically been a fundamental element in the planning and development of California’s water supply systems, there are new opportunities for improving this linkage to reduce water-related greenhouse gas emissions. New projects that best serve water and energy investments can maximize greenhouse gas emissions reductions. (b) It is the intent of the Legislature, in enacting this act, to: (1) More closely integrate the planning for water, energy, and greenhouse gas emissions. (2) Enable opportunities for innovative projects and programs that reduce the greenhouse gas intensity of our water system in order to access eligible funds. SEC. 2. Section 39712 of the Health and Safety Code is amended to read: 39712. (a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of Division 25.5 (commencing with Section 38500) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected. (b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with Division 25.5 (commencing with Section 38500) and, where applicable and to the extent feasible: (1) Maximize economic, environmental, and public health benefits to the state. (2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses. (3) Complement efforts to improve air quality. (4) Direct investment toward the most disadvantaged communities and households in the state. (5) Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. (6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment. (c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following: (1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities. (2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation. (3) Funding to reduce greenhouse gas emissions associated with land and natural resource conservation and management, forestry, sustainable agriculture, and the water sector, including, but not limited to, water use, supply, and treatment. (4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing. (5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse. (6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, and nonprofit organizations coordinating with local governments. (7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter. SEC. 3. Section 25229 is added to the Public Resources Code, to read: 25229. (a) The commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall conduct a study of water-related energy use in California. (b) In conducting the study, the commission shall do all of the following: (1) Hold at least two workshops to allow input by private and public water agencies and utilities, research institutions, environmental organizations, and other interested stakeholders. (2) Include any source-specific data, to be anonymized to the extent necessary to protect business confidential information or security sensitive information. (3) After considering existing studies and data sources, identify Identify, after considering existing studies and data sources, any existing data gaps. (c) Nothing in this section shall be construed as imposing any new emissions regulations on the entities with which these water-related energy use emissions are associated. SEC. 4. Section 189.5 is added to the Water Code, to read: 189.5. (a) The board, upon an appropriation of moneys by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, and in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. (b) Project categories eligible for funding under the program shall include, but need not be limited to, the following: (1) Precision irrigation. (2) Infrastructure improvements that will help deliver on-demand water for precision application. (3) Local water solutions that reduce net energy use, including, but not limited to, water recycling, stormwater capture and reuse, and groundwater cleanup. (4) Clean energy generation by the water sector. (5) Leak detection. (6) Water appliance efficiency. (7) Water monitoring software. (c) In order to be eligible for funding under the program, projects shall result in the net reduction of water-related greenhouse gas emissions. (d) Any public funds moneys made available for the program to private water companies regulated by the Public Utilities Commission shall be used for the benefit of the ratepayers or the public, and not the investors of the companies, and shall be subject to oversight by the Public Utilities Commission. (e) The board may adopt guidelines and regulations necessary or convenient to implement this section.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund, and to be used, upon appropriation by the Legislature, for specified purposes, including the reduction of greenhouse gas emissions associated with water use and supply. This bill would include reduction of greenhouse gas emissions associated with water treatment among the investments that are eligible for funding from the Greenhouse Gas Reduction Fund. The bill would also make legislative findings and declarations, and a statement of legislative intent, with regard to the nexus between water and energy and water and reduction of greenhouse gas emissions. This bill would require the State Energy Resources Conservation and Development Commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources Resources, to conduct a study of water-related energy use in California. This bill would require the State Water Resources Control Board, upon an appropriation from the Greenhouse Gas Reduction Fund and in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources Resources, to establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Water and energy resources are inextricably connected. This relationship is known as the water-energy nexus. (A) The energy used to drive California’s water system, including, but not limited to, the fuels used to power groundwater pumps, transportation, treatment and disposal systems for water and wastewater, heating and cooling of water in buildings and other facilities, the delivery of water, and end uses, accounts for nearly 20 percent of the total electricity usage and 30 percent of nonpower-related natural gas consumed, and there are known gaps in quantifying greenhouse gas emissions associated with that energy use. (B) The water used to drive California’s energy system, including, but not limited to, the water used to turn turbines for hydropower, to produce steam and cooling systems for thermoelectric power, and to extract and refine oil and gas, represents a substantial portion of our state water demand. (C) Consequently, saving water saves energy, and vice versa. (D) Because the production of energy often results in the emission of greenhouse gases, there is substantial potential for emission reductions in the water system. (2) While energy use has historically been a fundamental element in the planning and development of California’s water supply systems, there are new opportunities for improving this linkage to reduce water-related greenhouse gas emissions. New projects that best serve water and energy investments can maximize greenhouse gas emissions reductions. (b) It is the intent of the Legislature, in enacting this act, to: (1) More closely integrate the planning for water, energy, and greenhouse gas emissions. (2) Enable opportunities for innovative projects and programs that reduce the greenhouse gas intensity of our water system in order to access eligible funds. SEC. 2. Section 39712 of the Health and Safety Code is amended to read: 39712. (a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of Division 25.5 (commencing with Section 38500) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected. (b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with Division 25.5 (commencing with Section 38500) and, where applicable and to the extent feasible: (1) Maximize economic, environmental, and public health benefits to the state. (2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses. (3) Complement efforts to improve air quality. (4) Direct investment toward the most disadvantaged communities and households in the state. (5) Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. (6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment. (c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following: (1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities. (2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation. (3) Funding to reduce greenhouse gas emissions associated with land and natural resource conservation and management, forestry, sustainable agriculture, and the water sector, including, but not limited to, water use, supply, and treatment. (4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing. (5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse. (6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, and nonprofit organizations coordinating with local governments. (7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter. SEC. 3. Section 25229 is added to the Public Resources Code, to read: 25229. (a) The commission, in cooperation with the State Water Resources Control Board, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall conduct a study of water-related energy use in California. (b) In conducting the study, the commission shall do all of the following: (1) Hold at least two workshops to allow input by private and public water agencies and utilities, research institutions, environmental organizations, and other interested stakeholders. (2) Include any source-specific data, to be anonymized to the extent necessary to protect business confidential information or security sensitive information. (3) After considering existing studies and data sources, identify Identify, after considering existing studies and data sources, any existing data gaps. (c) Nothing in this section shall be construed as imposing any new emissions regulations on the entities with which these water-related energy use emissions are associated. SEC. 4. Section 189.5 is added to the Water Code, to read: 189.5. (a) The board, upon an appropriation of moneys by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, and in cooperation with the State Energy Resources Conservation and Development Commission, the State Air Resources Board, the Public Utilities Commission, and the Department of Water Resources, shall establish a grant and loan program for water projects that result in the net reduction of water-related greenhouse gas emissions. (b) Project categories eligible for funding under the program shall include, but need not be limited to, the following: (1) Precision irrigation. (2) Infrastructure improvements that will help deliver on-demand water for precision application. (3) Local water solutions that reduce net energy use, including, but not limited to, water recycling, stormwater capture and reuse, and groundwater cleanup. (4) Clean energy generation by the water sector. (5) Leak detection. (6) Water appliance efficiency. (7) Water monitoring software. (c) In order to be eligible for funding under the program, projects shall result in the net reduction of water-related greenhouse gas emissions. (d) Any public funds moneys made available for the program to private water companies regulated by the Public Utilities Commission shall be used for the benefit of the ratepayers or the public, and not the investors of the companies, and shall be subject to oversight by the Public Utilities Commission. (e) The board may adopt guidelines and regulations necessary or convenient to implement this section. ### Summary: This bill would amend the Health and Safety Code to require the State Air Resources Board to conduct a study of water-related energy use in California. The bill would

The people of the State of California do enact as follows: SECTION 1. Section 369 is added to the Penal Code, immediately following Section 368.5, to read: 369. (a) (1) (A) Upon conviction for a crime involving abuse of an elder adult, as defined in Section 15610.07 of the Welfare and Institutions Code, a person shall register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. (B) The court shall notify a person required to register pursuant to this section of his or her duty to register at the time of his or her conviction. (2) (A) If a person described in paragraph (1) does not serve a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of the conviction. (B) If a person described in paragraph (1) serves a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of his or her release. (3) (A) A person required to register pursuant to this section shall notify all police departments and the sheriff in the county in which the person was convicted, in the county in which he or she resides, and, if applicable, in which he or she previously resided and was required to register within five business days of moving or changing his or her name. (B) A person required to register pursuant to this section shall annually renew his or her registration within five business days of his or her birthday. (b) Upon receipt of a registration pursuant to this section, a police department or county sheriff shall forward the registration information to the Department of Justice. (c) (1) The Department of Justice shall make available to the public via an Internet Web site the information specified in paragraph (2) concerning persons who are required to register pursuant to this section. The department shall update the Internet Web site on an ongoing basis with information received from police departments and county sheriffs pursuant to this section. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The Internet Web site shall be translated into languages other than English, as determined by the department. (2) The Department of Justice shall include all of the following information, as to each person required to register pursuant to this section, on the publicly accessible Internet Web site: (A) The name and address of the registrant. (B) The offense for which he or she is required to register, including all of the following: (i) The offense for which he or she was convicted. (ii) Where the offense occurred, including, but not limited to, the city and, if applicable, the name of the facility at which it occurred. (iii) The punishment imposed, including, but not limited to, if applicable, his or her date of release from imprisonment for the offense. (3) (A) A person who uses information disclosed pursuant to this subdivision to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000), and not more than fifty thousand dollars ($50,000). (B) A person who uses information disclosed pursuant to this subdivision to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. (4) (A) A person may use information disclosed pursuant to this subdivision only to protect a person at risk. (B) The use of information disclosed pursuant to this subdivision for any purpose other than that provided by subparagraph (A) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, and a civil penalty not exceeding twenty-five thousand dollars ($25,000). (d) (1) A person required to register pursuant to this section is not relieved of the duty to register if the person’s conviction is dismissed pursuant to Section 1203.4. (2) A person required to register pursuant to this section, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, is relieved of any further duty to register under this section if he or she is not in custody, on parole, or on probation. (e) A person who is required to register pursuant to this section who willfully violates any requirement of this section is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SECTION 1. Section 1796.19 of the Health and Safety Code is amended to read: 1796.19. (a)The department shall consider, but is not limited to considering, all of the following when determining whether to approve a registration application: (1)Evidence satisfactory to the department of the home care aide applicant’s ability to comply with this chapter and the rules and regulations promulgated under this chapter by the department. (2)Evidence satisfactory to the department that the home care aide applicant is of reputable and responsible character. The evidence shall include, but is not limited to, a review of the independent home care aide applicant’s criminal offender record information pursuant to Section 1522. (3)Any revocation or other disciplinary action taken, or in the process of being taken, related to the care of individuals against the home care aide applicant. (4)Any other information that may be required by the department for the proper administration and enforcement of this chapter. (b)Failure of the home care aide applicant to cooperate with the department in the completion of the Home Care Aide application shall result in the withdrawal of the registration application. “Failure to cooperate” means that the information described in this chapter and by any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both.

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse, and provides that the purpose of the act is to, among other things, collect information on the number of abuse victims, circumstances surrounding the abuse, and other data. The act defines the term “abuse of an elder or a dependent adult” for its purposes. Existing law also makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any law proscribing theft, embezzlement, forgery, or fraud, or specified identity theft laws, when the victim is an elder or a dependent adult. This bill would require a person who is convicted for a crime involving the abuse of an elder adult, as defined in the Elder Abuse and Dependent Adult Civil Protection Act, to register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. The bill would require the police department or county sheriff to forward the registration information to the Department of Justice. The bill would require the Department of Justice to maintain a publicly accessible Internet Web site containing certain information concerning persons who are required to register pursuant to these provisions. The bill would make it a crime to use information obtained from the Internet Web site to commit a crime, and would subject a person who uses information obtained from the Internet Web site for any other reason than to protect an at-risk person to civil liability, as specified. The bill would relieve a person from the duty to register pursuant to these provisions if he or she receives a certificate of rehabilitation and he or she is not in custody, on parole, or on probation. The bill would make it a misdemeanor for a person who is required to register pursuant to these provisions to willfully violate any requirements related to registration. By creating new crimes and imposing new duties on local police departments and county sheriffs related to registering individuals convicted of a crime involving the abuse of an elder adult, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The Home Care Services Consumer Protection Act, operative January 1, 2016, provides for the registration of home care aides. Existing law requires the State Department of Social Services to consider specified information when determining whether to approve a home care aide’s registration application, including, among other things, evidence satisfactory to the department of the home care aide applicant’s ability to comply with the act and the rules and regulations promulgated by the department under the act. This bill would make technical, nonsubstantive changes to those provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 369 is added to the Penal Code, immediately following Section 368.5, to read: 369. (a) (1) (A) Upon conviction for a crime involving abuse of an elder adult, as defined in Section 15610.07 of the Welfare and Institutions Code, a person shall register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. (B) The court shall notify a person required to register pursuant to this section of his or her duty to register at the time of his or her conviction. (2) (A) If a person described in paragraph (1) does not serve a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of the conviction. (B) If a person described in paragraph (1) serves a term of imprisonment as a result of his or her conviction, he or she shall register within five business days of his or her release. (3) (A) A person required to register pursuant to this section shall notify all police departments and the sheriff in the county in which the person was convicted, in the county in which he or she resides, and, if applicable, in which he or she previously resided and was required to register within five business days of moving or changing his or her name. (B) A person required to register pursuant to this section shall annually renew his or her registration within five business days of his or her birthday. (b) Upon receipt of a registration pursuant to this section, a police department or county sheriff shall forward the registration information to the Department of Justice. (c) (1) The Department of Justice shall make available to the public via an Internet Web site the information specified in paragraph (2) concerning persons who are required to register pursuant to this section. The department shall update the Internet Web site on an ongoing basis with information received from police departments and county sheriffs pursuant to this section. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The Internet Web site shall be translated into languages other than English, as determined by the department. (2) The Department of Justice shall include all of the following information, as to each person required to register pursuant to this section, on the publicly accessible Internet Web site: (A) The name and address of the registrant. (B) The offense for which he or she is required to register, including all of the following: (i) The offense for which he or she was convicted. (ii) Where the offense occurred, including, but not limited to, the city and, if applicable, the name of the facility at which it occurred. (iii) The punishment imposed, including, but not limited to, if applicable, his or her date of release from imprisonment for the offense. (3) (A) A person who uses information disclosed pursuant to this subdivision to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000), and not more than fifty thousand dollars ($50,000). (B) A person who uses information disclosed pursuant to this subdivision to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. (4) (A) A person may use information disclosed pursuant to this subdivision only to protect a person at risk. (B) The use of information disclosed pursuant to this subdivision for any purpose other than that provided by subparagraph (A) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, and a civil penalty not exceeding twenty-five thousand dollars ($25,000). (d) (1) A person required to register pursuant to this section is not relieved of the duty to register if the person’s conviction is dismissed pursuant to Section 1203.4. (2) A person required to register pursuant to this section, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, is relieved of any further duty to register under this section if he or she is not in custody, on parole, or on probation. (e) A person who is required to register pursuant to this section who willfully violates any requirement of this section is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SECTION 1. Section 1796.19 of the Health and Safety Code is amended to read: 1796.19. (a)The department shall consider, but is not limited to considering, all of the following when determining whether to approve a registration application: (1)Evidence satisfactory to the department of the home care aide applicant’s ability to comply with this chapter and the rules and regulations promulgated under this chapter by the department. (2)Evidence satisfactory to the department that the home care aide applicant is of reputable and responsible character. The evidence shall include, but is not limited to, a review of the independent home care aide applicant’s criminal offender record information pursuant to Section 1522. (3)Any revocation or other disciplinary action taken, or in the process of being taken, related to the care of individuals against the home care aide applicant. (4)Any other information that may be required by the department for the proper administration and enforcement of this chapter. (b)Failure of the home care aide applicant to cooperate with the department in the completion of the Home Care Aide application shall result in the withdrawal of the registration application. “Failure to cooperate” means that the information described in this chapter and by any rules and regulations promulgated under this chapter has not been provided, or has not been provided in the form requested by the department, or both. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 18897 of the Health and Safety Code is amended to read: 18897. (a) “Organized camp” means an organized resident camp or an organized day camp that operates seasonally to provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational activities that promote environmental awareness and education. (1) A group that leases an organized camp for the purpose of conducting a camp for children under 18 years of age shall comply with this part. (2) An “organized camp” does not include any of the following: (A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, drug and alcohol resident rehabilitation program, a facility licensed by the state, or a facility subject to occupancy taxes, home-finding agencies, or a licensed child day care facility as defined in Section 1596.750. (B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks. (C) Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events on an intermittent, short-term basis of less than four consecutive overnight stays. (D) Programs offered by museums, zoos, cities, counties, or special districts, sports training organizations, gymnastics studios, theater groups, or other physical education-based organizations. districts. (b) “Organized resident camp” means a site or sites with programs and facilities established for the primary purposes of providing group living experiences and that provides three or more consecutive overnight stays during one or more seasons of the year, excluding field trips as provided for under subparagraph (B) of paragraph (2) of subdivision (c). (c) (1) “Organized day camp” means a program that is established for the primary purpose of providing group experiences for children under 18 years of age during the day. (2) An organized day camp may do all of the following: (A) Transport campers to parks, beaches, campsites, and other locations for activities. (B) Provide for offsite field trips for no more than three consecutive days. Any organized day camp that provides offsite field trips for more than two consecutive nights shall be considered an organized resident camp. (3) An organized day camp shall have adequate staff to carry out the program, including, but not limited to, a qualified program director who has at least two seasons of administrative or supervisory experience at an organized day camp or a youth program. The program director shall be present at all times during the operation of the organized day camp. (d) “Camper” means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of an organized camp. (e) Notwithstanding any other law, an organized camp program conducted for children by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, or similar organizations shall not be required to be licensed as a child day care center. SEC. 2. Section 18897.1 of the Health and Safety Code is repealed. SEC. 3. Section 18897.1 is added to the Health and Safety Code, to read: 18897.1. (a) An organized day camp or an organized resident camp shall do all of the following: (1) Issue a written notice of intent to operate and develop and submit a written operating plan pursuant to Section 30704 of Title 17 of the California Code of Regulations, or written verification that the camp is accredited by the American Camp Association (ACA), to the local public health officer or his or her designee at least 45 days prior to commencing operation of the camp. Year-round camps shall submit their plans on an annual basis. (2) For an organized day camp that does not have a fixed location, register with the local public health officer as an organized camp in the county in which its business office is located. (3) Meet the applicable requirements of Section 30751 of Title 17 of the California Code of Regulations. (4) Install a carbon monoxide detector in any building intended for human occupancy that has a fossil fuel burning heater or appliance, a fireplace, or an attached garage. (5) Store all firearms, including rifles, pellet guns, air guns, and bows and arrows, in a locked cabinet designated for this use when those items are not in use for authorized camp activities. The director, or a qualified designee of the director that meets the requirements of subdivision (a) of Section 30751 of Title 17 of the California Code of Regulations, of the organized camp shall maintain possession of the key to this cabinet. (6) Obtain a permit or authorization pursuant to paragraph (2) of subdivision (b) and post a copy of the permit or authorization on the premises of the organized day camp or organized resident camp and, if applicable, on the Internet Web site of the organized day camp or organized resident camp. (b) (1) The local public health officer shall acknowledge receipt of the operating plan or verification of accreditation described in paragraph (1) of subdivision (a) within 30 business days of receiving the operating plan or verification of accreditation. (2) (A) The local public health officer shall issue to an organized day camp or an organized resident camp a permit to operate if both of the following conditions are met: (i) The written operating plan required pursuant to paragraph (1) of subdivision (a) includes appropriate health and sanitation standards as described in Section 18897.2 or accreditation by the American Camp Association (ACA) is verified. (ii) The local public health officer or his or her designee has conducted an initial inspection of the premises of the organized day camp or organized resident camp to verify compliance with the appropriate health and sanitation standards. (B) The local public health officer shall issue to an organized day camp required to register pursuant to paragraph (2) of subdivision (a) authorization to operate upon registration of the organized day camp if the organized day camp meets the requirements of subparagraph (A). (c) The local public health officer may inspect the organized day camp or organized resident camp and charge a fee for that purpose, not to exceed the reasonable cost of the inspection. The local public health officer shall provide, within 30 days, a summary of any violations of health and safety standards established in the rules and regulations establishing minimum standards for organized camps. (d) An organized day camp or organized resident camp that has been cited for failing to meet legal requirements may appeal the citation to the local health department. The local health department shall issue a decision on that appeal within 30 business days and that decision shall be final. (e) The local public health officer, or his or her designee, may, during the organized camp’s hours of operation or at other reasonable times, enter and inspect the premises of the organized camp, issue citations, and secure any samples, photographs, or other evidence from an organized camp or any facility suspected of being an organized camp. (f) A person alleging health and sanitation violations pursuant to the regulations establishing minimum standards for organized camps may file a complaint, either orally or in writing, with the local public health officer. The local public health officer shall investigate any complaint received. (g) The local public health officer may charge a fee to recover any necessary costs incurred in administering the provisions of this part relating to organized camp oversight. The fee shall not exceed the actual cost of organized camp oversight and related activities. SEC. 4. Section 18897.4 of the Health and Safety Code is amended to read: 18897.4. (a) For the purposes of this part, every local health officer shall enforce within his or her jurisdiction the building standards published in the State Building Standards Code relating to organized resident camps and the other rules and regulations adopted by the State Public Health Officer pursuant to Section 18897.2. A local public health officer may, for the purposes of complying with this section, contract with subdivision, delegate responsibility to the Office of the State Architect or any other public agency or private organization for the review of design and performance of inspection of construction of camp buildings and structures, as specified in Section 30720 of Title 17 of the California Code of Regulations. (b) For organized day camps, a local public health officer shall enforce within his or her jurisdiction the health and sanitation requirements for a permit or authorization pursuant to Section 18897.1. SEC. 5. Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read: 18897.8. The State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized day camps and organized resident camps under this part, shall make reasonable efforts to obtain the input and advice of organizations in the field. All costs incurred by the participating organizations shall be borne by the organizations themselves. The department shall implement this section in the most cost-effective manner deemed feasible. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps, and regulations governing the operation of organized camps that he or she determines are necessary to protect the health and safety of the campers. Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined. This bill would recast those provisions and instead define an “organized camp” to include an “organized resident camp” and an “organized day camp,” as specified, that provides activities that promote environmental awareness and education. This bill would exclude from “organized camps” physical education-based organizations, gymnastics studios, sports training organizations, and theatre programs, among others. The bill would require the included camps to issue a written notice of intent to operate and to operate, develop a written operating plan plan, and submit the plan, or written verification that the camp is accredited by the American Camp Association, to the local public health officer at least 45 days prior to commencing operation of the camp. The bill would also require those camps to comply with applicable safety and supervision requirements relating to camp directors and counselors, install a carbon monoxide detector in specified buildings, and store firearms in a locked storage cabinet when not in use, as specified. The bill would also require those camps to obtain a permit to operate, or, for an organized day camp that does not have a fixed location, to register with the local public health officer and receive authorization to operate, from the local public health officer, and to post the permit or authorization, as specified. The bill would authorize the local public health officer to inspect the camp and charge fees for camp oversight activities. The bill would also authorize a person alleging health and sanitation violations to file a complaint with the local public health officer, and to require the local public health officer to investigate. The bill would also require the State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized camps, to make reasonable efforts to obtain the input and advice of prescribed organizations. Because this bill would impose additional duties upon local public health officers in cities and counties, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 18897 of the Health and Safety Code is amended to read: 18897. (a) “Organized camp” means an organized resident camp or an organized day camp that operates seasonally to provide group-based recreation and expanded learning opportunities with social, spiritual, educational, or recreational activities that promote environmental awareness and education. (1) A group that leases an organized camp for the purpose of conducting a camp for children under 18 years of age shall comply with this part. (2) An “organized camp” does not include any of the following: (A) A hotel, motel, tourist camp, trailer park, resort, hunting camp, auto court, labor camp, penal or correctional camp, drug and alcohol resident rehabilitation program, a facility licensed by the state, or a facility subject to occupancy taxes, home-finding agencies, or a licensed child day care facility as defined in Section 1596.750. (B) A charitable or recreational organization that complies with the rules and regulations for recreational trailer parks. (C) Sites or programs that are used by adults or groups for counseling, religious retreats, reunions, conferences, and special events on an intermittent, short-term basis of less than four consecutive overnight stays. (D) Programs offered by museums, zoos, cities, counties, or special districts, sports training organizations, gymnastics studios, theater groups, or other physical education-based organizations. districts. (b) “Organized resident camp” means a site or sites with programs and facilities established for the primary purposes of providing group living experiences and that provides three or more consecutive overnight stays during one or more seasons of the year, excluding field trips as provided for under subparagraph (B) of paragraph (2) of subdivision (c). (c) (1) “Organized day camp” means a program that is established for the primary purpose of providing group experiences for children under 18 years of age during the day. (2) An organized day camp may do all of the following: (A) Transport campers to parks, beaches, campsites, and other locations for activities. (B) Provide for offsite field trips for no more than three consecutive days. Any organized day camp that provides offsite field trips for more than two consecutive nights shall be considered an organized resident camp. (3) An organized day camp shall have adequate staff to carry out the program, including, but not limited to, a qualified program director who has at least two seasons of administrative or supervisory experience at an organized day camp or a youth program. The program director shall be present at all times during the operation of the organized day camp. (d) “Camper” means any person in an organized camp on a fee or nonfee basis who is a participant in the regular program and training of an organized camp. (e) Notwithstanding any other law, an organized camp program conducted for children by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, or similar organizations shall not be required to be licensed as a child day care center. SEC. 2. Section 18897.1 of the Health and Safety Code is repealed. SEC. 3. Section 18897.1 is added to the Health and Safety Code, to read: 18897.1. (a) An organized day camp or an organized resident camp shall do all of the following: (1) Issue a written notice of intent to operate and develop and submit a written operating plan pursuant to Section 30704 of Title 17 of the California Code of Regulations, or written verification that the camp is accredited by the American Camp Association (ACA), to the local public health officer or his or her designee at least 45 days prior to commencing operation of the camp. Year-round camps shall submit their plans on an annual basis. (2) For an organized day camp that does not have a fixed location, register with the local public health officer as an organized camp in the county in which its business office is located. (3) Meet the applicable requirements of Section 30751 of Title 17 of the California Code of Regulations. (4) Install a carbon monoxide detector in any building intended for human occupancy that has a fossil fuel burning heater or appliance, a fireplace, or an attached garage. (5) Store all firearms, including rifles, pellet guns, air guns, and bows and arrows, in a locked cabinet designated for this use when those items are not in use for authorized camp activities. The director, or a qualified designee of the director that meets the requirements of subdivision (a) of Section 30751 of Title 17 of the California Code of Regulations, of the organized camp shall maintain possession of the key to this cabinet. (6) Obtain a permit or authorization pursuant to paragraph (2) of subdivision (b) and post a copy of the permit or authorization on the premises of the organized day camp or organized resident camp and, if applicable, on the Internet Web site of the organized day camp or organized resident camp. (b) (1) The local public health officer shall acknowledge receipt of the operating plan or verification of accreditation described in paragraph (1) of subdivision (a) within 30 business days of receiving the operating plan or verification of accreditation. (2) (A) The local public health officer shall issue to an organized day camp or an organized resident camp a permit to operate if both of the following conditions are met: (i) The written operating plan required pursuant to paragraph (1) of subdivision (a) includes appropriate health and sanitation standards as described in Section 18897.2 or accreditation by the American Camp Association (ACA) is verified. (ii) The local public health officer or his or her designee has conducted an initial inspection of the premises of the organized day camp or organized resident camp to verify compliance with the appropriate health and sanitation standards. (B) The local public health officer shall issue to an organized day camp required to register pursuant to paragraph (2) of subdivision (a) authorization to operate upon registration of the organized day camp if the organized day camp meets the requirements of subparagraph (A). (c) The local public health officer may inspect the organized day camp or organized resident camp and charge a fee for that purpose, not to exceed the reasonable cost of the inspection. The local public health officer shall provide, within 30 days, a summary of any violations of health and safety standards established in the rules and regulations establishing minimum standards for organized camps. (d) An organized day camp or organized resident camp that has been cited for failing to meet legal requirements may appeal the citation to the local health department. The local health department shall issue a decision on that appeal within 30 business days and that decision shall be final. (e) The local public health officer, or his or her designee, may, during the organized camp’s hours of operation or at other reasonable times, enter and inspect the premises of the organized camp, issue citations, and secure any samples, photographs, or other evidence from an organized camp or any facility suspected of being an organized camp. (f) A person alleging health and sanitation violations pursuant to the regulations establishing minimum standards for organized camps may file a complaint, either orally or in writing, with the local public health officer. The local public health officer shall investigate any complaint received. (g) The local public health officer may charge a fee to recover any necessary costs incurred in administering the provisions of this part relating to organized camp oversight. The fee shall not exceed the actual cost of organized camp oversight and related activities. SEC. 4. Section 18897.4 of the Health and Safety Code is amended to read: 18897.4. (a) For the purposes of this part, every local health officer shall enforce within his or her jurisdiction the building standards published in the State Building Standards Code relating to organized resident camps and the other rules and regulations adopted by the State Public Health Officer pursuant to Section 18897.2. A local public health officer may, for the purposes of complying with this section, contract with subdivision, delegate responsibility to the Office of the State Architect or any other public agency or private organization for the review of design and performance of inspection of construction of camp buildings and structures, as specified in Section 30720 of Title 17 of the California Code of Regulations. (b) For organized day camps, a local public health officer shall enforce within his or her jurisdiction the health and sanitation requirements for a permit or authorization pursuant to Section 18897.1. SEC. 5. Section 18897.8 is added to the Health and Safety Code, immediately following Section 18897.7, to read: 18897.8. The State Department of Public Health, in adopting or amending the rules and regulations pertaining to organized day camps and organized resident camps under this part, shall make reasonable efforts to obtain the input and advice of organizations in the field. All costs incurred by the participating organizations shall be borne by the organizations themselves. The department shall implement this section in the most cost-effective manner deemed feasible. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill amends the Health and Safety Code to require organized camps to comply with the rules and regulations for recreational trailer parks. ### Analysis: This bill amends

The people of the State of California do enact as follows: SECTION 1. Section 11166.02 is added to the Penal Code, to read: 11166.02. (a) A county welfare agency, as determined in Section 10612.5 of the Welfare and Institutions Code, may develop a pilot program for Internet-based reporting of child abuse and neglect. The pilot program may receive reports by mandated reporters, as specified in paragraph (5), of suspected child abuse or neglect and shall meet all of the following conditions: (1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death. (2) The agency provides an Internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the pilot program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report. (3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report. (4) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system. (5) The system can only be used by mandated reporters who are any of the following: (A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (B) A probation officer or social worker, as defined in Section 215 of the Welfare and Institutions Code. (C) A school teacher, counselor, or administrator. (D) A physician and surgeon, psychologist, licensed nurse, or clinical social worker licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (E) A coroner. (6) Nothing in this section shall be construed as changing current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect. (b) (1) In a county where the pilot program is active, a mandated reporter listed in paragraph (5) of subdivision (a) may use the Internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter listed in paragraph (5) of subdivision (a) submitting an Internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements. (2) In a county where the pilot program is active, a mandated reporter who submits the initial report through the Internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166. (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. Section 10612.5 is added to the Welfare and Institutions Code, to read: 10612.5. (a) The department shall consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program established pursuant to Section 11166.02 of the Penal Code. The pilot program may operate in up to 10 counties. (b) The department shall oversee and administer the pilot program through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) A county that chooses to participate in the pilot program shall hire an evaluator to monitor the implementation of the program in accordance with directives issued by the department pursuant to subdivision (b). (d) (1) In addition to any requirements set forth by the department under this section, a county that participates in the pilot program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the pilot program of the county during the duration of the pilot program, which may include the following: (A) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports. (B) The number of reports provided through the Internet-based reporting system and any increase or decrease in usage of the system. (C) Any increase or decrease in the number of emergency or nonemergency telephone reports. (D) Any increase or decrease in the overall number of emergency or nonemergency reports. (2) A county that participates in the pilot program shall, on or before January 1, 2020, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the pilot program based on the outcome measures developed pursuant to this subdivision. (e) The department may conclude the pilot program on a county-by-county basis prior to January 1, 2021, if the evaluation and monitoring indicate the pilot program is compromising the safety of children. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Existing law further requires the mandated reporter to make an initial report by telephone to the agency immediately or as soon as is practicably possible, and to prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. This bill, until January 1, 2021, would authorize certain county welfare agencies to develop a pilot program for Internet-based reporting of child abuse and neglect, as specified. The bill would impose specified standards on a county that participates in the pilot program. The bill would also require the State Department of Social Services to consult with the County Welfare Directors Association of California and the county welfare agencies of the individual counties to determine which counties may be involved in the pilot program. The bill would require the department to oversee and administer the pilot program, and require a county that chooses to participate in the pilot program to hire an evaluator to monitor implementation of the program. The bill would require a county that participates in the pilot program to develop outcome measures that determine the effectiveness of the pilot program of the county, as specified, and report to specified committees of the Legislature on or before January 1, 2020, on the effectiveness of the pilot program. The bill would authorize the department to conclude the pilot program prior to January 1, 2021, if the evaluation and monitoring indicate that implementation of the program compromises the safety of children.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11166.02 is added to the Penal Code, to read: 11166.02. (a) A county welfare agency, as determined in Section 10612.5 of the Welfare and Institutions Code, may develop a pilot program for Internet-based reporting of child abuse and neglect. The pilot program may receive reports by mandated reporters, as specified in paragraph (5), of suspected child abuse or neglect and shall meet all of the following conditions: (1) The suspected child abuse or neglect does not indicate that the child is subject to an immediate risk of abuse, neglect, or exploitation or that the child is in imminent danger of severe harm or death. (2) The agency provides an Internet form that includes standardized safety assessment qualifying questions in order to obtain necessary information required to assess the need for child welfare services and a response. The State Department of Social Services shall provide guidance through written directives to counties participating in the pilot program to incorporate qualifying questions in the online report that would indicate the need to redirect the mandated reporter to perform a telephone report. (3) The mandated reporter is required to complete all required fields, including identity and contact information of the mandated reporter, in order to submit the report. (4) The agency provides an Internet-based reporting system that has appropriate security protocols to preserve the confidentiality of the reports and any documents or photographs submitted through the system. (5) The system can only be used by mandated reporters who are any of the following: (A) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (B) A probation officer or social worker, as defined in Section 215 of the Welfare and Institutions Code. (C) A school teacher, counselor, or administrator. (D) A physician and surgeon, psychologist, licensed nurse, or clinical social worker licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (E) A coroner. (6) Nothing in this section shall be construed as changing current statutory or regulatory requirements regarding timely review, assessment, and response to reports of possible abuse or neglect. (b) (1) In a county where the pilot program is active, a mandated reporter listed in paragraph (5) of subdivision (a) may use the Internet-based reporting tool in lieu of the required initial telephone report required by subdivision (a) of Section 11166. A mandated reporter listed in paragraph (5) of subdivision (a) submitting an Internet-based report in accordance with this subdivision shall, as soon as practically possible, cooperate with the agency on any requests for additional information if needed to investigate the report, subject to applicable confidentiality requirements. (2) In a county where the pilot program is active, a mandated reporter who submits the initial report through the Internet-based reporting tool in lieu of the required initial telephone report is not required to submit the written followup report required pursuant to subdivision (a) of Section 11166. (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. Section 10612.5 is added to the Welfare and Institutions Code, to read: 10612.5. (a) The department shall consult with the County Welfare Directors Association of California and any interested county welfare agencies to determine which counties may be involved in the pilot program established pursuant to Section 11166.02 of the Penal Code. The pilot program may operate in up to 10 counties. (b) The department shall oversee and administer the pilot program through the issuance of written directives that shall have the same force and effect as regulations. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) A county that chooses to participate in the pilot program shall hire an evaluator to monitor the implementation of the program in accordance with directives issued by the department pursuant to subdivision (b). (d) (1) In addition to any requirements set forth by the department under this section, a county that participates in the pilot program shall, in collaboration with the County Welfare Directors Association of California and the department, develop outcome measures to determine the effectiveness of the pilot program of the county during the duration of the pilot program, which may include the following: (A) The number of reports provided by telephone and any increase or decrease in the usage of telephone reports. (B) The number of reports provided through the Internet-based reporting system and any increase or decrease in usage of the system. (C) Any increase or decrease in the number of emergency or nonemergency telephone reports. (D) Any increase or decrease in the overall number of emergency or nonemergency reports. (2) A county that participates in the pilot program shall, on or before January 1, 2020, provide information to the Assembly Committee on Human Services and the Senate Committee on Human Services pertaining to the effectiveness of the pilot program based on the outcome measures developed pursuant to this subdivision. (e) The department may conclude the pilot program on a county-by-county basis prior to January 1, 2021, if the evaluation and monitoring indicate the pilot program is compromising the safety of children. (f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 97.83 is added to the Revenue and Taxation Code, to read: 97.83. (a) (1) Notwithstanding any other law, for the 2016–17 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, the auditor of each county shall do both of the following: (A) Increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount. The qualified heavy equipment reimbursement amount shall be allocated among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. (B) Decrease the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the county’s Educational Revenue Augmentation Fund by the qualified heavy equipment reimbursement amount. (2) (A) In the event that the county’s Educational Revenue Augmentation Fund does not have sufficient funds to offset the qualified heavy equipment reimbursement amount, the auditor shall, to the extent that those funds are insufficient, decrease the total amount of ad valorem property tax that is allocated to local school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, in proportion to their allocations of ad valorem property tax revenue allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, in the county, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenues otherwise allocated among those local agencies. (B) In the event that the amount of ad valorem property tax revenues allocated to the Educational Revenue Augmentation Fund, together with the allocations to those school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, is insufficient to offset the qualified heavy equipment reimbursement amount, the auditor may also decrease the amount of ad valorem property tax revenues allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are not excess tax school entities, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. (b) For purposes of this section, “qualified heavy equipment reimbursement amount” means the total amount of ad valorem property tax revenue received by the county and each city and special district in the county in the 2014–15 fiscal year from renters of qualified heavy equipment, as defined in Part 11 (commencing with Section 5500) of Division 1. (c) For the 2017–18 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, ad valorem property tax revenue allocations made pursuant to Sections 96.1 and 96.5, or any successor to either of those provisions, shall not incorporate the allocation adjustments made by this section. (d) This section shall be repealed on January 1, 2027. SEC. 2. Part 11 (commencing with Section 5500) is added to Division 1 of the Revenue and Taxation Code, to read: PART 11. Taxation of Qualified Heavy Equipment 5500. For purposes of this part, all of the following definitions shall apply: (a) “Rental price” means the total amount of the charge for renting the qualified heavy equipment, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, or use taxes. (b) (1) “Qualified heavy equipment” means any construction, earthmoving, or industrial equipment that is mobile and rented by a qualified renter, including attachments for the equipment or other ancillary equipment, including, but not limited to, all of the following: (A) A self-propelled vehicle that is not designed to be driven on the highway. (B) Industrial electrical generation equipment or portable heating, ventilating, and air-conditioning equipment. (C) Industrial lift equipment. (D) Industrial material equipment. (E) Equipment used in shoring, shielding, and ground trenching. (F) Equipment or vehicles not subject to the fee imposed pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2). (2) Qualified heavy equipment is mobile if the qualified heavy equipment is not intended to be permanently affixed to real property for the purpose of using the qualified heavy equipment for its intended use. Qualified heavy equipment is mobile if it is intended to be moved among worksites as needed. (c) “Qualified renter” means a renter that satisfies all of the following: (1) The principal business of the renter is the rental of qualified heavy equipment. (2) Is engaged in a line of business described in Code 532412 of the North American Industry Classification System published by the United States Office of Management and Budget, 2012 edition. (d) “Renting” or “rent” means a rental for a period of less than 365 days or for an undefined period, or an open-ended contract. 5501. (a) On and after July 1, 2016, and before July 1, 2026, there is hereby imposed a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75 percent of the rental price from the renting of qualified heavy equipment. (b) The qualified renter shall pay and remit the tax to the board as required by this part. (c) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2). For purposes of this part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to “feepayer” shall include a person liable for the payment of the taxes imposed by this part and collected pursuant to that law. 5502. Every qualified renter shall register with the board. Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and other information as the board may require. An application for an account shall be authenticated in a form or pursuant to methods as may be prescribed by the board. 5503. The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this part, including, but not limited to, collections, reporting, refunds, and appeals. 5504. The taxes imposed by this part are due and payable to the board quarterly on or before the last day of the month next succeeding each quarterly period. 5505. (a) On or before the last day of the month following each quarterly period of three months, a return for the preceding quarterly period shall be filed using electronic media with the board. (b) The board may prescribe those forms and reporting requirements as are necessary to implement the tax. (c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. 5505.5. A qualified renter is relieved from liability for the tax imposed by this part that became due and payable, insofar as the measure of tax on the rental of qualified heavy equipment is represented by accounts which have been found worthless and charged off for income tax purposes. If the qualified renter has previously paid the amount of the tax, the qualified renter may, under the rules and regulations prescribed by the board, take as a deduction the amount found worthless and charged of by the retailer. If any such accounts are thereafter in whole or in part collected by the qualified renter, the amount so collected shall be included in the first return filed after such collection and the tax shall be paid with the return. 5506. All revenues, interest, penalties, and other amounts collected pursuant to this part, less refunds and the board’s costs of administration, shall be deposited in the General Fund. 5507. (a) For the 2016–17 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, the tax imposed pursuant to this part shall be in lieu of any property tax on qualified heavy equipment subject to taxation pursuant to this part. (b) Property of a qualified renter that is not subject to the tax imposed pursuant to this part shall remain subject to any applicable property taxes. 5508. This part shall be repealed on January 1, 2027. SEC. 3. The repeal of Part 11 (commencing with Section 5500) of Division 1 of the Revenue and Taxation Code by the act adding this section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before such repeal; but all rights and liabilities under such law shall continue, and may be enforced in the same manner, as if such repeal had not been made. SEC. 3. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 4. SEC. 5. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.

The California Constitution authorizes the Legislature to classify personal property for differential taxation or for exemption by means of a statute approved by a 2/3 vote of the membership of each house. This bill would, pursuant to this constitutional authorization, on and after July 1, 2016, to before July 1, 2026, impose a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75% of the rental price from the renting of qualified heavy equipment. This bill would require a qualified renter to pay and remit the tax, as provided. This bill would provide that this tax shall be in lieu of any personal property tax on qualified heavy equipment. This bill would require the tax to be administered by the State Board of Equalization and to be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require all revenues, interest, penalties, and other amounts, less refunds and the board’s costs of administration, derived from the imposition of the tax to be deposited in the General Fund. Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction’s portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992–93 and 1993–94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This bill would, for the 2016–17 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, require the county auditor to increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount, as defined, and to commensurately decrease the amount of ad valorem property tax revenue that is otherwise required to be allocated to the county Educational Revenue Augmentation Fund and, if necessary, the amount of those revenue revenues otherwise required to be allocated to school districts, as specified, by the qualified heavy equipment reimbursement amount. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, and by imposing new duties upon local officials in the allocation of ad valorem property tax revenues, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 97.83 is added to the Revenue and Taxation Code, to read: 97.83. (a) (1) Notwithstanding any other law, for the 2016–17 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, the auditor of each county shall do both of the following: (A) Increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated among the county and each city and special district in the county by the qualified heavy equipment reimbursement amount. The qualified heavy equipment reimbursement amount shall be allocated among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. (B) Decrease the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the county’s Educational Revenue Augmentation Fund by the qualified heavy equipment reimbursement amount. (2) (A) In the event that the county’s Educational Revenue Augmentation Fund does not have sufficient funds to offset the qualified heavy equipment reimbursement amount, the auditor shall, to the extent that those funds are insufficient, decrease the total amount of ad valorem property tax that is allocated to local school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, in proportion to their allocations of ad valorem property tax revenue allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, in the county, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenues otherwise allocated among those local agencies. (B) In the event that the amount of ad valorem property tax revenues allocated to the Educational Revenue Augmentation Fund, together with the allocations to those school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are excess tax school entities, is insufficient to offset the qualified heavy equipment reimbursement amount, the auditor may also decrease the amount of ad valorem property tax revenues allocated to school districts providing instruction for kindergarten and grades 1 to 12, inclusive, that are not excess tax school entities, and allocate that amount among the county, cities, and special districts in proportion to the amounts of ad valorem property tax revenue otherwise allocated among those local agencies. (b) For purposes of this section, “qualified heavy equipment reimbursement amount” means the total amount of ad valorem property tax revenue received by the county and each city and special district in the county in the 2014–15 fiscal year from renters of qualified heavy equipment, as defined in Part 11 (commencing with Section 5500) of Division 1. (c) For the 2017–18 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, ad valorem property tax revenue allocations made pursuant to Sections 96.1 and 96.5, or any successor to either of those provisions, shall not incorporate the allocation adjustments made by this section. (d) This section shall be repealed on January 1, 2027. SEC. 2. Part 11 (commencing with Section 5500) is added to Division 1 of the Revenue and Taxation Code, to read: PART 11. Taxation of Qualified Heavy Equipment 5500. For purposes of this part, all of the following definitions shall apply: (a) “Rental price” means the total amount of the charge for renting the qualified heavy equipment, excluding any separately stated charges that are not rental charges, including, but not limited to, separately stated charges for delivery and pickup fees, damage waivers, environmental mitigation fees, or use taxes. (b) (1) “Qualified heavy equipment” means any construction, earthmoving, or industrial equipment that is mobile and rented by a qualified renter, including attachments for the equipment or other ancillary equipment, including, but not limited to, all of the following: (A) A self-propelled vehicle that is not designed to be driven on the highway. (B) Industrial electrical generation equipment or portable heating, ventilating, and air-conditioning equipment. (C) Industrial lift equipment. (D) Industrial material equipment. (E) Equipment used in shoring, shielding, and ground trenching. (F) Equipment or vehicles not subject to the fee imposed pursuant to the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2). (2) Qualified heavy equipment is mobile if the qualified heavy equipment is not intended to be permanently affixed to real property for the purpose of using the qualified heavy equipment for its intended use. Qualified heavy equipment is mobile if it is intended to be moved among worksites as needed. (c) “Qualified renter” means a renter that satisfies all of the following: (1) The principal business of the renter is the rental of qualified heavy equipment. (2) Is engaged in a line of business described in Code 532412 of the North American Industry Classification System published by the United States Office of Management and Budget, 2012 edition. (d) “Renting” or “rent” means a rental for a period of less than 365 days or for an undefined period, or an open-ended contract. 5501. (a) On and after July 1, 2016, and before July 1, 2026, there is hereby imposed a tax on every qualified renter for the privilege of renting qualified heavy equipment in this state at the rate of 0.75 percent of the rental price from the renting of qualified heavy equipment. (b) The qualified renter shall pay and remit the tax to the board as required by this part. (c) The board shall administer and collect the tax imposed by this part pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2). For purposes of this part, the references in the Fee Collection Procedures Law to “fee” shall include the tax imposed by this part, and references to “feepayer” shall include a person liable for the payment of the taxes imposed by this part and collected pursuant to that law. 5502. Every qualified renter shall register with the board. Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and other information as the board may require. An application for an account shall be authenticated in a form or pursuant to methods as may be prescribed by the board. 5503. The board may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this part, including, but not limited to, collections, reporting, refunds, and appeals. 5504. The taxes imposed by this part are due and payable to the board quarterly on or before the last day of the month next succeeding each quarterly period. 5505. (a) On or before the last day of the month following each quarterly period of three months, a return for the preceding quarterly period shall be filed using electronic media with the board. (b) The board may prescribe those forms and reporting requirements as are necessary to implement the tax. (c) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. 5505.5. A qualified renter is relieved from liability for the tax imposed by this part that became due and payable, insofar as the measure of tax on the rental of qualified heavy equipment is represented by accounts which have been found worthless and charged off for income tax purposes. If the qualified renter has previously paid the amount of the tax, the qualified renter may, under the rules and regulations prescribed by the board, take as a deduction the amount found worthless and charged of by the retailer. If any such accounts are thereafter in whole or in part collected by the qualified renter, the amount so collected shall be included in the first return filed after such collection and the tax shall be paid with the return. 5506. All revenues, interest, penalties, and other amounts collected pursuant to this part, less refunds and the board’s costs of administration, shall be deposited in the General Fund. 5507. (a) For the 2016–17 fiscal year and for each fiscal year thereafter, to the 2025–26 fiscal year, inclusive, the tax imposed pursuant to this part shall be in lieu of any property tax on qualified heavy equipment subject to taxation pursuant to this part. (b) Property of a qualified renter that is not subject to the tax imposed pursuant to this part shall remain subject to any applicable property taxes. 5508. This part shall be repealed on January 1, 2027. SEC. 3. The repeal of Part 11 (commencing with Section 5500) of Division 1 of the Revenue and Taxation Code by the act adding this section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause, before such repeal; but all rights and liabilities under such law shall continue, and may be enforced in the same manner, as if such repeal had not been made. SEC. 3. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 4. SEC. 5. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 11165 of the Health and Safety Code is amended to read: 11165. (a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled substances, law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule IV controlled substances, and for statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances. (b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES. (c) (1) The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations. (2) (A) CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the Department of Justice, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or private entities, as approved by the Department of Justice, for educational, peer review, statistical, or research purposes, provided that patient information, including any information that may identify the patient, is not compromised. Further, data disclosed to any individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to any third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regulations. The Department of Justice shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision. (B) Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances shall not be provided data obtained from CURES. (3) In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient’s CURES patient activity report as long as no additional CURES data is provided and keep a copy of the report in the patient’s medical record in compliance with subdivision (d) of Section 11165.1. (d) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance, as defined in the controlled substances schedules in federal law and regulations, specifically Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of the Code of Federal Regulations, the dispensing pharmacy, clinic, or other dispenser shall report the following information to the Department of Justice as soon as reasonably possible, but not more than seven days after the date a controlled substance is dispensed, in a format specified by the Department of Justice: (1) Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user. (2) The prescriber’s category of licensure, license number, national provider identifier (NPI) number, if applicable, the federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility. (3) Pharmacy prescription number, license number, NPI number, and federal controlled substance registration number. (4) National Drug Code (NDC) number of the controlled substance dispensed. (5) Quantity of the controlled substance dispensed. (6) International Statistical Classification of Diseases, 9th revision (ICD-9) or 10th revision (ICD-10) Code, if available. (7) Number of refills ordered. (8) Whether the drug was dispensed as a refill of a prescription or as a first-time request. (9) Date of origin of the prescription. (10) Date of dispensing of the prescription. (e) The Department of Justice may invite stakeholders to assist, advise, and make recommendations on the establishment of rules and regulations necessary to ensure the proper administration and enforcement of the CURES database. All prescriber and dispenser invitees shall be licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, in active practice in California, and a regular user of CURES. (f) The Department of Justice shall, prior to upgrading CURES, consult with prescribers licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, one or more of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, and any other stakeholder identified by the department, for the purpose of identifying desirable capabilities and upgrades to the CURES Prescription Drug Monitoring Program (PDMP). (g) The Department of Justice may establish a process to educate authorized subscribers of the CURES PDMP on how to access and use the CURES PDMP. SEC. 2. Section 11165.1 of the Health and Safety Code is amended to read: 11165.1. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before July 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). (ii) A pharmacist shall, before July 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. (B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: (i) Materially falsifying an application for a subscriber. (ii) Failure to maintain effective controls for access to the patient activity report. (iii) Suspended or revoked federal DEA registration. (iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. (v) Any subscriber accessing information for any other reason than caring for his or her patients. (C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. (2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. (b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. (c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. (d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the Department of Justice pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (e) Information concerning a patient’s controlled substance history provided to a prescriber or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations. (f) A health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. SEC. 3. Section 11165.4 is added to the Health and Safety Code, to read: 11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the CURES database to review a patient’s controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every four months thereafter if the substance remains part of the treatment of the patient. (ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient, he or she shall consult the CURES database to review the patient’s controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every four months thereafter if the substance remains part of the treatment of the patient. (B) For purposes of this paragraph, “first time” means the initial occurrence in which a health care practitioner, in his or her role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient. (2) A health care practitioner shall obtain a patient’s controlled substance history from the CURES database no earlier than 24 hours, or the previous business day, before he or she prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient. (b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists. (c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances: (1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient while the patient is admitted to any of the following facilities or during an emergency transfer between any of the following facilities for use while on facility premises: (A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. (B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. (C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. (D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. (2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use. (3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patient’s treatment for a surgical procedure and the quantity of the controlled substance does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities: (A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. (B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. (C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. (D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. (E) A place of practice, as defined in Section 1658 of the Business and Professions Code. (4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient currently receiving hospice care, as defined in Section 1339.40. (5) (A) If all of the following circumstances are satisfied: (i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner. (ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available. (iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed. (B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason he or she did not consult the database in the patient’s medical record. (6) If the CURES database is not operational, as determined by the department, or when it cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct any cause of the temporary technological or electrical failure that is reasonably within his or her control. (7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner. (8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patient’s inability to obtain a prescription in a timely manner and thereby adversely impact the patient’s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable five-day supply if the controlled substance were used in accordance with the directions for use. (d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. (2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient. (e) This section is not operative until six months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, which, at a minimum, shall be consistent with the appropriation authorized in Schedule (6) of Item 0820-001-0001 of the Budget Act of 2016 (Chapter 23 of the Statutes of 2016), user support, and education. The department shall notify the Secretary of State and the office of the Legislative Counsel of the date of that certification. (f) All applicable state and federal privacy laws govern the duties required by this section. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, administer, furnish, or dispense these controlled substances. Existing law requires dispensing pharmacies and clinics to report specified information for each prescription of a Schedule II, Schedule III, or Schedule IV controlled substance to the department. This bill would require a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance to consult the CURES database to review a patient’s controlled substance history no earlier than 24 hours, or the previous business day, before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every 4 months thereafter if the substance remains part of the treatment of the patient. The bill would exempt a veterinarian and a pharmacist from this requirement. The bill would also exempt a health care practitioner from this requirement under specified circumstances, including, among others, if prescribing, ordering, administering, or furnishing a controlled substance to a patient receiving hospice care, to a patient admitted to a specified facility for use while on facility premises, or to a patient as part of a treatment for a surgical procedure in a specified facility if the quantity of the controlled substance does not exceed a nonrefillable 5-day supply of the controlled substance that is to be used in accordance with the directions for use. The bill would require, if a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient pursuant to one of those exemptions, the health care practitioner to consult the CURES database before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every 4 months thereafter if the substance remains part of the treatment of the patient. This bill would provide that a health care practitioner who fails to consult the CURES database is required to be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. The bill would make the above-mentioned provisions operative 6 months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, user support, and education, as specified. This bill would also exempt a health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, from civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. Existing law requires the operation of the CURES database to comply with all applicable federal and state privacy and security laws and regulations. Existing law authorizes the disclosure of data obtained from the CURES database to agencies and entities only for specified purposes and requires the Department of Justice to establish policies, procedures, and regulations regarding the use, access, disclosure, and security of the information within the CURES database. This bill would authorize a health care practitioner to provide a patient with a copy of the patient’s CURES patient activity report if no additional CURES data is provided. The bill would also prohibit a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances from obtaining data from the CURES database.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11165 of the Health and Safety Code is amended to read: 11165. (a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering, administering, furnishing, and dispensing of controlled substances, law enforcement and regulatory agencies in their efforts to control the diversion and resultant abuse of Schedule II, Schedule III, and Schedule IV controlled substances, and for statistical analysis, education, and research, the Department of Justice shall, contingent upon the availability of adequate funds in the CURES Fund, maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of, and Internet access to information regarding, the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, order, administer, furnish, or dispense these controlled substances. (b) The Department of Justice may seek and use grant funds to pay the costs incurred by the operation and maintenance of CURES. The department shall annually report to the Legislature and make available to the public the amount and source of funds it receives for support of CURES. (c) (1) The operation of CURES shall comply with all applicable federal and state privacy and security laws and regulations. (2) (A) CURES shall operate under existing provisions of law to safeguard the privacy and confidentiality of patients. Data obtained from CURES shall only be provided to appropriate state, local, and federal public agencies for disciplinary, civil, or criminal purposes and to other agencies or entities, as determined by the Department of Justice, for the purpose of educating practitioners and others in lieu of disciplinary, civil, or criminal actions. Data may be provided to public or private entities, as approved by the Department of Justice, for educational, peer review, statistical, or research purposes, provided that patient information, including any information that may identify the patient, is not compromised. Further, data disclosed to any individual or agency as described in this subdivision shall not be disclosed, sold, or transferred to any third party, unless authorized by, or pursuant to, state and federal privacy and security laws and regulations. The Department of Justice shall establish policies, procedures, and regulations regarding the use, access, evaluation, management, implementation, operation, storage, disclosure, and security of the information within CURES, consistent with this subdivision. (B) Notwithstanding subparagraph (A), a regulatory board whose licensees do not prescribe, order, administer, furnish, or dispense controlled substances shall not be provided data obtained from CURES. (3) In accordance with federal and state privacy laws and regulations, a health care practitioner may provide a patient with a copy of the patient’s CURES patient activity report as long as no additional CURES data is provided and keep a copy of the report in the patient’s medical record in compliance with subdivision (d) of Section 11165.1. (d) For each prescription for a Schedule II, Schedule III, or Schedule IV controlled substance, as defined in the controlled substances schedules in federal law and regulations, specifically Sections 1308.12, 1308.13, and 1308.14, respectively, of Title 21 of the Code of Federal Regulations, the dispensing pharmacy, clinic, or other dispenser shall report the following information to the Department of Justice as soon as reasonably possible, but not more than seven days after the date a controlled substance is dispensed, in a format specified by the Department of Justice: (1) Full name, address, and, if available, telephone number of the ultimate user or research subject, or contact information as determined by the Secretary of the United States Department of Health and Human Services, and the gender, and date of birth of the ultimate user. (2) The prescriber’s category of licensure, license number, national provider identifier (NPI) number, if applicable, the federal controlled substance registration number, and the state medical license number of any prescriber using the federal controlled substance registration number of a government-exempt facility. (3) Pharmacy prescription number, license number, NPI number, and federal controlled substance registration number. (4) National Drug Code (NDC) number of the controlled substance dispensed. (5) Quantity of the controlled substance dispensed. (6) International Statistical Classification of Diseases, 9th revision (ICD-9) or 10th revision (ICD-10) Code, if available. (7) Number of refills ordered. (8) Whether the drug was dispensed as a refill of a prescription or as a first-time request. (9) Date of origin of the prescription. (10) Date of dispensing of the prescription. (e) The Department of Justice may invite stakeholders to assist, advise, and make recommendations on the establishment of rules and regulations necessary to ensure the proper administration and enforcement of the CURES database. All prescriber and dispenser invitees shall be licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, in active practice in California, and a regular user of CURES. (f) The Department of Justice shall, prior to upgrading CURES, consult with prescribers licensed by one of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, one or more of the boards or committees identified in subdivision (d) of Section 208 of the Business and Professions Code, and any other stakeholder identified by the department, for the purpose of identifying desirable capabilities and upgrades to the CURES Prescription Drug Monitoring Program (PDMP). (g) The Department of Justice may establish a process to educate authorized subscribers of the CURES PDMP on how to access and use the CURES PDMP. SEC. 2. Section 11165.1 of the Health and Safety Code is amended to read: 11165.1. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 shall, before July 1, 2016, or upon receipt of a federal Drug Enforcement Administration (DEA) registration, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that practitioner the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). (ii) A pharmacist shall, before July 1, 2016, or upon licensure, whichever occurs later, submit an application developed by the Department of Justice to obtain approval to access information online regarding the controlled substance history of a patient that is stored on the Internet and maintained within the Department of Justice, and, upon approval, the department shall release to that pharmacist the electronic history of controlled substances dispensed to an individual under his or her care based on data contained in the CURES PDMP. (B) An application may be denied, or a subscriber may be suspended, for reasons which include, but are not limited to, the following: (i) Materially falsifying an application for a subscriber. (ii) Failure to maintain effective controls for access to the patient activity report. (iii) Suspended or revoked federal DEA registration. (iv) Any subscriber who is arrested for a violation of law governing controlled substances or any other law for which the possession or use of a controlled substance is an element of the crime. (v) Any subscriber accessing information for any other reason than caring for his or her patients. (C) Any authorized subscriber shall notify the Department of Justice within 30 days of any changes to the subscriber account. (2) A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. (b) Any request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the Department of Justice. (c) In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, or Schedule IV controlled substances, the Department of Justice may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. (d) The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the Department of Justice pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. (e) Information concerning a patient’s controlled substance history provided to a prescriber or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, and 1308.14 of Title 21 of the Code of Federal Regulations. (f) A health care practitioner, pharmacist, and any person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from any false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for any resulting failure of the CURES database to accurately or timely report that information. SEC. 3. Section 11165.4 is added to the Health and Safety Code, to read: 11165.4. (a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance shall consult the CURES database to review a patient’s controlled substance history before prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient for the first time and at least once every four months thereafter if the substance remains part of the treatment of the patient. (ii) If a health care practitioner authorized to prescribe, order, administer, or furnish a controlled substance is not required, pursuant to an exemption described in subdivision (c), to consult the CURES database the first time he or she prescribes, orders, administers, or furnishes a controlled substance to a patient, he or she shall consult the CURES database to review the patient’s controlled substance history before subsequently prescribing a Schedule II, Schedule III, or Schedule IV controlled substance to the patient and at least once every four months thereafter if the substance remains part of the treatment of the patient. (B) For purposes of this paragraph, “first time” means the initial occurrence in which a health care practitioner, in his or her role as a health care practitioner, intends to prescribe, order, administer, or furnish a Schedule II, Schedule III, or Schedule IV controlled substance to a patient and has not previously prescribed a controlled substance to the patient. (2) A health care practitioner shall obtain a patient’s controlled substance history from the CURES database no earlier than 24 hours, or the previous business day, before he or she prescribes, orders, administers, or furnishes a Schedule II, Schedule III, or Schedule IV controlled substance to the patient. (b) The duty to consult the CURES database, as described in subdivision (a), does not apply to veterinarians or pharmacists. (c) The duty to consult the CURES database, as described in subdivision (a), does not apply to a health care practitioner in any of the following circumstances: (1) If a health care practitioner prescribes, orders, or furnishes a controlled substance to be administered to a patient while the patient is admitted to any of the following facilities or during an emergency transfer between any of the following facilities for use while on facility premises: (A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. (B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. (C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. (D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. (2) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance in the emergency department of a general acute care hospital and the quantity of the controlled substance does not exceed a nonrefillable seven-day supply of the controlled substance to be used in accordance with the directions for use. (3) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient as part of the patient’s treatment for a surgical procedure and the quantity of the controlled substance does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use, in any of the following facilities: (A) A licensed clinic, as described in Chapter 1 (commencing with Section 1200) of Division 2. (B) An outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of Division 2. (C) A health facility, as described in Chapter 2 (commencing with Section 1250) of Division 2. (D) A county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of Division 2. (E) A place of practice, as defined in Section 1658 of the Business and Professions Code. (4) If a health care practitioner prescribes, orders, administers, or furnishes a controlled substance to a patient currently receiving hospice care, as defined in Section 1339.40. (5) (A) If all of the following circumstances are satisfied: (i) It is not reasonably possible for a health care practitioner to access the information in the CURES database in a timely manner. (ii) Another health care practitioner or designee authorized to access the CURES database is not reasonably available. (iii) The quantity of controlled substance prescribed, ordered, administered, or furnished does not exceed a nonrefillable five-day supply of the controlled substance to be used in accordance with the directions for use and no refill of the controlled substance is allowed. (B) A health care practitioner who does not consult the CURES database under subparagraph (A) shall document the reason he or she did not consult the database in the patient’s medical record. (6) If the CURES database is not operational, as determined by the department, or when it cannot be accessed by a health care practitioner because of a temporary technological or electrical failure. A health care practitioner shall, without undue delay, seek to correct any cause of the temporary technological or electrical failure that is reasonably within his or her control. (7) If the CURES database cannot be accessed because of technological limitations that are not reasonably within the control of a health care practitioner. (8) If consultation of the CURES database would, as determined by the health care practitioner, result in a patient’s inability to obtain a prescription in a timely manner and thereby adversely impact the patient’s medical condition, provided that the quantity of the controlled substance does not exceed a nonrefillable five-day supply if the controlled substance were used in accordance with the directions for use. (d) (1) A health care practitioner who fails to consult the CURES database, as described in subdivision (a), shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. (2) This section does not create a private cause of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient. (e) This section is not operative until six months after the Department of Justice certifies that the CURES database is ready for statewide use and that the department has adequate staff, which, at a minimum, shall be consistent with the appropriation authorized in Schedule (6) of Item 0820-001-0001 of the Budget Act of 2016 (Chapter 23 of the Statutes of 2016), user support, and education. The department shall notify the Secretary of State and the office of the Legislative Counsel of the date of that certification. (f) All applicable state and federal privacy laws govern the duties required by this section. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1253.7 is added to the Health and Safety Code, to read: 1253.7. (a) (1) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital to those patients described in subdivision (e) who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. (2) For purposes of this chapter, “observation unit” means an area where observation services are provided in a setting outside of an inpatient unit unit, and that is not part of an emergency department, of a general acute care hospital. (b) Observation services in observation units, as defined in subdivision (a), may be provided for a period of no more than 24 hours. (c) A general acute care hospital that provides observation services in an observation unit shall apply for approval from the department, pursuant to subdivision (a) of Section 1253.6, to provide services in an observation unit as a supplemental service. (d) The department shall adopt standards and regulations, pursuant to subdivision (a) of Section 1275, for providing observation services in an observation unit as a supplemental service under the general acute care hospital’s license. (e) Observation services may be ordered by an appropriately licensed practitioner only for any of the following: (1) A patient who has received triage services in the emergency department but has not been admitted as an inpatient. (2) A patient who has received outpatient surgical services and procedures. (3) A patient who has been admitted as an inpatient and is discharged to receive observation services. (4) A patient previously seen in a physician’s office or outpatient clinic. (f) Notwithstanding subdivisions (d) and (e) of Section 1275, observation services provided by the general acute care hospital in an observation unit, including the services provided in a freestanding physical plant, as defined in subdivision (g) of Section 1275, shall comply with the same staffing standards, including, but not limited to, licensed nurse-to-patient ratios, as supplemental emergency services. (g) A patient receiving observation services shall receive written notice that his or her care is being provided on an outpatient basis, and that this may impact reimbursement by Medicare, Medi-Cal, or private payers of health care services, or cost-sharing arrangements through his or her health care coverage. (h) Observation units shall be marked with signage identifying the area as an outpatient area. The signage shall use the term “outpatient” in the title of the area to clearly indicate to all patients and family members that the observation services provided in the center are not inpatient services. (i) Observation services shall be deemed outpatient or ambulatory services that are revenue-producing cost centers associated with hospital-based or satellite service locations that emphasize outpatient care. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from the requirement to obtain approval from the department to provide observation services as a distinct supplemental service when observation services are provided in a setting outside of an inpatient unit of a general acute care hospital. SEC. 2. Section 128740 of the Health and Safety Code is amended to read: 128740. (a) Commencing with the first calendar quarter of 1992, the following summary financial and utilization data shall be reported to the office by each hospital within 45 days of the end of every calendar quarter. Adjusted reports reflecting changes as a result of audited financial statements may be filed within four months of the close of the hospital’s fiscal or calendar year. The quarterly summary financial and utilization data shall conform to the uniform description of accounts as contained in the Accounting and Reporting Manual for California Hospitals and shall include all of the following: (1) Number of licensed beds. (2) Average number of available beds. (3) Average number of staffed beds. (4) Number of discharges. (5) Number of inpatient days. (6) Number of outpatient visits, excluding observation service visits. (7) Number of observation service visits and number of hours of services provided. (8) Total operating expenses. (9) Total inpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (10) Total outpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (11) Total observation service gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (12) Deductions from revenue in total and by component, including the following: Medicare contractual adjustments, Medi-Cal contractual adjustments, and county indigent program contractual adjustments, other contractual adjustments, bad debts, charity care, restricted donations and subsidies for indigents, support for clinical teaching, teaching allowances, and other deductions. (13) Total capital expenditures. (14) Total net fixed assets. (15) Total number of inpatient days, outpatient visits excluding observation services, observation services, and discharges by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, self-pay, charity, and other payers. (16) Total net patient revenues by payer including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (17) Other operating revenue. (18) Nonoperating revenue net of nonoperating expenses. (b) Hospitals reporting pursuant to subdivision (d) of Section 128760 may provide the items in paragraphs (8), (9), (10), (12), (16), (17), and (18) of subdivision (a) on a group basis, as described in subdivision (d) of Section 128760. (c) The office shall make available at cost, to any person, a hardcopy of any hospital report made pursuant to this section and in addition to hardcopies shall make available at cost, a computer tape of all reports made pursuant to this section within 105 days of the end of every calendar quarter. (d) The office shall adopt by regulation guidelines for the identification, assessment, and reporting of charity care services. In establishing the guidelines, the office shall consider the principles and practices recommended by professional health care industry accounting associations for differentiating between charity services and bad debts. The office shall further conduct the onsite validations of health facility accounting and reporting procedures and records as are necessary to ensure that reported data are consistent with regulatory guidelines. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

(1) Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, including, but not limited to, general acute care hospitals. A violation of these provisions is a crime. Existing law authorizes the department to issue a special permit authorizing a health facility to offer one or more special services when specified requirements are met. Existing law requires general acute care hospitals to apply for supplemental services approval and requires the department to, upon issuance and renewal of a license for certain health facilities, separately identify on the license each supplemental service. Existing law requires a hospital to report specified summary financial and utilization data to the Office of Statewide Health Planning and Development (OSHPD) within 45 days of the end of every calendar quarter. This bill would require a general acute care hospital that provides observation services, as defined, to apply for approval from the department to provide these services as supplemental services. The bill would require the department to adopt standards and regulations for a hospital providing observation services as an approved supplemental service under the general acute care hospital’s license. The bill would require hospitals to include certain data relating to observation service visits and total observation service gross revenues in the reports filed with OSHPD. (2) Because a violation of these provisions by a health facility would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1253.7 is added to the Health and Safety Code, to read: 1253.7. (a) (1) For purposes of this chapter, “observation services” means outpatient services provided by a general acute care hospital to those patients described in subdivision (e) who have unstable or uncertain conditions potentially serious enough to warrant close observation, but not so serious as to warrant inpatient admission to the hospital. Observation services may include the use of a bed, monitoring by nursing and other staff, and any other services that are reasonable and necessary to safely evaluate a patient’s condition or determine the need for a possible inpatient admission to the hospital. (2) For purposes of this chapter, “observation unit” means an area where observation services are provided in a setting outside of an inpatient unit unit, and that is not part of an emergency department, of a general acute care hospital. (b) Observation services in observation units, as defined in subdivision (a), may be provided for a period of no more than 24 hours. (c) A general acute care hospital that provides observation services in an observation unit shall apply for approval from the department, pursuant to subdivision (a) of Section 1253.6, to provide services in an observation unit as a supplemental service. (d) The department shall adopt standards and regulations, pursuant to subdivision (a) of Section 1275, for providing observation services in an observation unit as a supplemental service under the general acute care hospital’s license. (e) Observation services may be ordered by an appropriately licensed practitioner only for any of the following: (1) A patient who has received triage services in the emergency department but has not been admitted as an inpatient. (2) A patient who has received outpatient surgical services and procedures. (3) A patient who has been admitted as an inpatient and is discharged to receive observation services. (4) A patient previously seen in a physician’s office or outpatient clinic. (f) Notwithstanding subdivisions (d) and (e) of Section 1275, observation services provided by the general acute care hospital in an observation unit, including the services provided in a freestanding physical plant, as defined in subdivision (g) of Section 1275, shall comply with the same staffing standards, including, but not limited to, licensed nurse-to-patient ratios, as supplemental emergency services. (g) A patient receiving observation services shall receive written notice that his or her care is being provided on an outpatient basis, and that this may impact reimbursement by Medicare, Medi-Cal, or private payers of health care services, or cost-sharing arrangements through his or her health care coverage. (h) Observation units shall be marked with signage identifying the area as an outpatient area. The signage shall use the term “outpatient” in the title of the area to clearly indicate to all patients and family members that the observation services provided in the center are not inpatient services. (i) Observation services shall be deemed outpatient or ambulatory services that are revenue-producing cost centers associated with hospital-based or satellite service locations that emphasize outpatient care. Identifying an observation unit by a name or term other than that used in this subdivision does not exempt the general acute care hospital from the requirement to obtain approval from the department to provide observation services as a distinct supplemental service when observation services are provided in a setting outside of an inpatient unit of a general acute care hospital. SEC. 2. Section 128740 of the Health and Safety Code is amended to read: 128740. (a) Commencing with the first calendar quarter of 1992, the following summary financial and utilization data shall be reported to the office by each hospital within 45 days of the end of every calendar quarter. Adjusted reports reflecting changes as a result of audited financial statements may be filed within four months of the close of the hospital’s fiscal or calendar year. The quarterly summary financial and utilization data shall conform to the uniform description of accounts as contained in the Accounting and Reporting Manual for California Hospitals and shall include all of the following: (1) Number of licensed beds. (2) Average number of available beds. (3) Average number of staffed beds. (4) Number of discharges. (5) Number of inpatient days. (6) Number of outpatient visits, excluding observation service visits. (7) Number of observation service visits and number of hours of services provided. (8) Total operating expenses. (9) Total inpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (10) Total outpatient gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (11) Total observation service gross revenues by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (12) Deductions from revenue in total and by component, including the following: Medicare contractual adjustments, Medi-Cal contractual adjustments, and county indigent program contractual adjustments, other contractual adjustments, bad debts, charity care, restricted donations and subsidies for indigents, support for clinical teaching, teaching allowances, and other deductions. (13) Total capital expenditures. (14) Total net fixed assets. (15) Total number of inpatient days, outpatient visits excluding observation services, observation services, and discharges by payer, including Medicare, Medi-Cal, county indigent programs, other third parties, self-pay, charity, and other payers. (16) Total net patient revenues by payer including Medicare, Medi-Cal, county indigent programs, other third parties, and other payers. (17) Other operating revenue. (18) Nonoperating revenue net of nonoperating expenses. (b) Hospitals reporting pursuant to subdivision (d) of Section 128760 may provide the items in paragraphs (8), (9), (10), (12), (16), (17), and (18) of subdivision (a) on a group basis, as described in subdivision (d) of Section 128760. (c) The office shall make available at cost, to any person, a hardcopy of any hospital report made pursuant to this section and in addition to hardcopies shall make available at cost, a computer tape of all reports made pursuant to this section within 105 days of the end of every calendar quarter. (d) The office shall adopt by regulation guidelines for the identification, assessment, and reporting of charity care services. In establishing the guidelines, the office shall consider the principles and practices recommended by professional health care industry accounting associations for differentiating between charity services and bad debts. The office shall further conduct the onsite validations of health facility accounting and reporting procedures and records as are necessary to ensure that reported data are consistent with regulatory guidelines. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1507.6 of the Health and Safety Code is amended to read: 1507.6. (a) Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and direct care and supervision of children so placed, the State Department of Social Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services provided in those homes. Supervision of mental health treatment services provided to a child in a group home shall be a case management responsibility of the placing agency. (b) (1) Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions Code. (2) The facility shall maintain in a child’s records all of the following information: (A) A copy of any court order authorizing the psychotropic medication for the child. (B) A separate log for each psychotropic medication prescribed for the child, showing all of the following: (i) The name of the medication. (ii) The date of the prescription. (iii) The quantity of medication and number of refills initially prescribed. (iv) When applicable, any additional refills prescribed. (v) The required dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician. (vi) The date and time of each dose taken by the child. (3) This subdivision does not apply to a runaway and homeless youth shelter, as defined in Section 1502. SEC. 2. Section 1536 of the Health and Safety Code is amended to read: 1536. (a) (1) At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit. (2) For a group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following: (A) The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders. (B) The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7. (b) Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges. (c) Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver. (d) The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency’s failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations. (e) The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information: (1) Monthly reports by a foster family agency regarding family homes. (2) A log of family homes certified and decertified, provided by a foster family agency to the department. (3) Notification by a foster family agency to the department informing the department of a foster family agency’s determination to decertify a certified family home due to any of the following actions by the certified family parent: (A) Violating licensing rules and regulations. (B) Aiding, abetting, or permitting the violation of licensing rules and regulations. (C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home. (D) Being convicted of a crime while a certified family parent. (E) Knowingly allowing any child to have illegal drugs or alcohol. (F) Committing an act of child abuse or neglect or an act of violence against another person. (f) At least annually, the department shall post on its Internet Web site a statewide summary of the information gathered pursuant to Sections 1538.8 and 1538.9. The summary shall include only de-identified and aggregate information that does not violate the confidentiality of a child’s identity and records. SEC. 3. Section 1538.8 is added to the Health and Safety Code, to read: 1538.8. (a) (1) In order to review and evaluate the use of psychotropic medications in group homes, the department shall compile, to the extent feasible and not otherwise prohibited by law and based on information received from the State Department of Health Care Services, at least annually, information concerning each group home, including, but not limited to, the child welfare psychotropic medication measures developed by the department and the following Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications: (A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD), which measures the number of children 6 to 12 years of age, inclusive, who have a visit with a provider with prescribing authority within 30 days of the new prescription. (B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC), which does both of the following: (i) Measures the number of children receiving an antipsychotic medication for at least 60 out of 90 days and the number of children who additionally receive a second antipsychotic medication that overlaps with the first. (ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. (C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP), which measures whether a child has received psychosocial services 90 days before through 30 days after receiving a new prescription for an antipsychotic medication. (D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM), which does both of the following: (i) Measures testing for glucose or HbA1c and lipid or cholesterol of a child who has received at least two different antipsychotic prescriptions on different days. (ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. (2) The department shall post the list of data to be collected pursuant to this subdivision on the department’s Internet Web site. (b) The data in subdivision (a) concerning psychotropic medication, mental health services, and placement shall be drawn from existing data maintained by the State Department of Health Care Services and the State Department of Social Services and shared pursuant to a data sharing agreement meeting the requirements of all applicable state and federal laws and regulations. (c) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. SEC. 4. Section 1538.9 is added to the Health and Safety Code, to read: 1538.9. (a) (1) (A) The department shall consult with the State Department of Health Care Services and stakeholders to establish a methodology for identifying those group homes providing care under the AFDC-FC program pursuant to Sections 11460 and 11462 of the Welfare and Institutions Code that have levels of psychotropic drug utilization warranting additional review. The methodology shall be adopted on or before July 1, 2016. (B) Every three years after adopting the methodology developed under subparagraph (A), or earlier if needed, the department shall consult with the State Department of Health Care Services and stakeholders and revise the methodology, if necessary. (2) If the department, applying the methodology described in paragraph (1), determines that a facility appears to have levels of psychotropic drug utilization warranting additional review, it shall inspect the facility at least once a year. (3) The inspection of the facility shall include, but not be limited to, a review of the following: (A) Plan of operation, policies, procedures, and practices. (B) Child-to-staff ratios. (C) Staff qualifications and training. (D) Implementation of children’s needs and services plan. (E) Availability of psychosocial and other alternative treatments to the use of psychotropic medications. (F) Other factors that the department determines contribute to levels of psychotropic drug utilization that warrant additional review. (G) Confidential interviews of children residing in the facility at the time of the inspection. (4) The inspection of the facility may include, but is not limited to, the following: (A) Confidential interviews of children who resided in the facility within the last six months. (B) Confidential discussions with physicians identified as prescribing the medications. (b) Following an inspection conducted pursuant to this section, the department, as it deems appropriate, may do either or both of the following: (1) Share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, as applicable. (2) Share relevant information and observations with the facility and require the facility to submit a plan, within 30 days of receiving the information and observations from the department, to address any identified risks within the control of the facility related to psychotropic medication. The department shall approve the plan and verify implementation of the plan to determine whether those risks have been remedied. (c) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions. (2) On or before January 1, 2017, the department shall adopt regulations to implement this section. The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2018. (d) Nothing in this section does any of the following: (1) Replaces or alters other requirements for responding to complaints and making inspections or visits to group homes, including, but not limited to, those set forth in Sections 1534 and 1538. (2) Prevents or precludes the department from taking any other action permitted under any other law, including any regulation adopted pursuant to this chapter. (e) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. SEC. 5. Section 11469 of the Welfare and Institutions Code is amended to read: 11469. (a) The department shall develop, following consultation with group home providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve. (1) The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence. (2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for the child. (3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services. (b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met. (c) Except as provided in subdivision (d), effective July 1, 1995, group home performance standards shall be implemented. Any group home program not meeting the performance standards shall have its AFDC-FC rate, set pursuant to Section 11462, adjusted according to the regulations required by this section. (d) A group home program shall be classified at rate classification level 13 or 14 only if all of the following are met: (1) The program generates the requisite number of points for rate classification level 13 or 14. (2) The program only accepts children with special treatment needs as determined through the assessment process pursuant to paragraph (2) of subdivision (a) of Section 11462.01. (3) The program meets the performance standards designed pursuant to this section. (e) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system. (f) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. (g) On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. A violation of this act is a misdemeanor. Under existing law, a child in a group home may receive mental health services, as deemed necessary by the placing agency and under the case management of that agency. Under existing law, only a juvenile court judicial officer may make orders regarding the administration of psychotropic medications to a child adjudged a dependent or ward of the court and removed from the physical custody of the parent. Existing law requires that the order be based on a request from a physician, indicating the reasons for the request and a description of the child’s diagnosis and behavior, among other requirements. This bill would provide that psychotropic medications may be used at a group home, other than at a runaway and homeless youth shelter, only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court. The bill would require the group home to maintain in the child’s records specified information regarding the administration of those medications. (2) Existing law requires the Director of Social Services, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit. This bill would require the department to compile specified information regarding the administration of psychotropic medications to children in group homes and to post that information on the department’s Internet Web site. The bill would require the department, in consultation with the State Department of Health Care Services and stakeholders, to establish a methodology to identify those group homes that have levels of psychotropic drug utilization warranting additional review, as specified. The bill would also require the department, for the facilities identified by the methodology that it establishes, to visit those facilities at least once a year to examine specified factors. The bill would authorize the department, following that inspection, to share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, or share relevant information and observations with the facility and require the facility to submit a plan to the department, within 30 days of receiving the department’s information and observations, to address any identified risks within the control of the facility related to psychotropic medication. The bill would require the department to approve the plan and verify the plan’s implementation to determine whether those identified risks have been remedied. Because the failure of the facility to comply with these provisions would be a misdemeanor, the bill would impose a state-mandated local program. (3) Existing law requires the department, on or before January 1, 2016, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts with minors in group homes or under supervision of group home staff. This bill would require the department, on or before January 1, 2017, in consultation with specified associations and other stakeholders, to develop additional performance standards and outcome measures that require group homes to implement alternative programs and services, as specified. The bill would make related changes. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1507.6 of the Health and Safety Code is amended to read: 1507.6. (a) Mental health services, as deemed necessary by the placing agency, may be provided to children in a group home. Except for the physical safety and direct care and supervision of children so placed, the State Department of Social Services and its agents shall not evaluate or have responsibility or liability for the evaluation of mental health services provided in those homes. Supervision of mental health treatment services provided to a child in a group home shall be a case management responsibility of the placing agency. (b) (1) Psychotropic medications shall be used only in accordance with the written directions of the physician prescribing the medication and as authorized by the juvenile court pursuant to Section 369.5 or 739.5 of the Welfare and Institutions Code. (2) The facility shall maintain in a child’s records all of the following information: (A) A copy of any court order authorizing the psychotropic medication for the child. (B) A separate log for each psychotropic medication prescribed for the child, showing all of the following: (i) The name of the medication. (ii) The date of the prescription. (iii) The quantity of medication and number of refills initially prescribed. (iv) When applicable, any additional refills prescribed. (v) The required dosage and directions for use as specified in writing by the physician prescribing the medication, including any changes directed by the physician. (vi) The date and time of each dose taken by the child. (3) This subdivision does not apply to a runaway and homeless youth shelter, as defined in Section 1502. SEC. 2. Section 1536 of the Health and Safety Code is amended to read: 1536. (a) (1) At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit. (2) For a group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following: (A) The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders. (B) The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7. (b) Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges. (c) Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver. (d) The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency’s failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations. (e) The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information: (1) Monthly reports by a foster family agency regarding family homes. (2) A log of family homes certified and decertified, provided by a foster family agency to the department. (3) Notification by a foster family agency to the department informing the department of a foster family agency’s determination to decertify a certified family home due to any of the following actions by the certified family parent: (A) Violating licensing rules and regulations. (B) Aiding, abetting, or permitting the violation of licensing rules and regulations. (C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home. (D) Being convicted of a crime while a certified family parent. (E) Knowingly allowing any child to have illegal drugs or alcohol. (F) Committing an act of child abuse or neglect or an act of violence against another person. (f) At least annually, the department shall post on its Internet Web site a statewide summary of the information gathered pursuant to Sections 1538.8 and 1538.9. The summary shall include only de-identified and aggregate information that does not violate the confidentiality of a child’s identity and records. SEC. 3. Section 1538.8 is added to the Health and Safety Code, to read: 1538.8. (a) (1) In order to review and evaluate the use of psychotropic medications in group homes, the department shall compile, to the extent feasible and not otherwise prohibited by law and based on information received from the State Department of Health Care Services, at least annually, information concerning each group home, including, but not limited to, the child welfare psychotropic medication measures developed by the department and the following Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications: (A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD), which measures the number of children 6 to 12 years of age, inclusive, who have a visit with a provider with prescribing authority within 30 days of the new prescription. (B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC), which does both of the following: (i) Measures the number of children receiving an antipsychotic medication for at least 60 out of 90 days and the number of children who additionally receive a second antipsychotic medication that overlaps with the first. (ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. (C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP), which measures whether a child has received psychosocial services 90 days before through 30 days after receiving a new prescription for an antipsychotic medication. (D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM), which does both of the following: (i) Measures testing for glucose or HbA1c and lipid or cholesterol of a child who has received at least two different antipsychotic prescriptions on different days. (ii) Reports a total rate and age stratifications including 6 to 11 years of age, inclusive, and 12 to 17 years of age, inclusive. (2) The department shall post the list of data to be collected pursuant to this subdivision on the department’s Internet Web site. (b) The data in subdivision (a) concerning psychotropic medication, mental health services, and placement shall be drawn from existing data maintained by the State Department of Health Care Services and the State Department of Social Services and shared pursuant to a data sharing agreement meeting the requirements of all applicable state and federal laws and regulations. (c) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. SEC. 4. Section 1538.9 is added to the Health and Safety Code, to read: 1538.9. (a) (1) (A) The department shall consult with the State Department of Health Care Services and stakeholders to establish a methodology for identifying those group homes providing care under the AFDC-FC program pursuant to Sections 11460 and 11462 of the Welfare and Institutions Code that have levels of psychotropic drug utilization warranting additional review. The methodology shall be adopted on or before July 1, 2016. (B) Every three years after adopting the methodology developed under subparagraph (A), or earlier if needed, the department shall consult with the State Department of Health Care Services and stakeholders and revise the methodology, if necessary. (2) If the department, applying the methodology described in paragraph (1), determines that a facility appears to have levels of psychotropic drug utilization warranting additional review, it shall inspect the facility at least once a year. (3) The inspection of the facility shall include, but not be limited to, a review of the following: (A) Plan of operation, policies, procedures, and practices. (B) Child-to-staff ratios. (C) Staff qualifications and training. (D) Implementation of children’s needs and services plan. (E) Availability of psychosocial and other alternative treatments to the use of psychotropic medications. (F) Other factors that the department determines contribute to levels of psychotropic drug utilization that warrant additional review. (G) Confidential interviews of children residing in the facility at the time of the inspection. (4) The inspection of the facility may include, but is not limited to, the following: (A) Confidential interviews of children who resided in the facility within the last six months. (B) Confidential discussions with physicians identified as prescribing the medications. (b) Following an inspection conducted pursuant to this section, the department, as it deems appropriate, may do either or both of the following: (1) Share relevant information and observations with county placing agencies, social workers, probation officers, the court, dependency counsel, or the Medical Board of California, as applicable. (2) Share relevant information and observations with the facility and require the facility to submit a plan, within 30 days of receiving the information and observations from the department, to address any identified risks within the control of the facility related to psychotropic medication. The department shall approve the plan and verify implementation of the plan to determine whether those risks have been remedied. (c) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), until emergency regulations are filed with the Secretary of State, the department may implement this section through all-county letters or similar instructions. (2) On or before January 1, 2017, the department shall adopt regulations to implement this section. The initial adoption, amendment, or repeal of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption, amendment, or repeal of an emergency regulation pursuant to this section, the department may twice request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. The department shall adopt final regulations on or before January 1, 2018. (d) Nothing in this section does any of the following: (1) Replaces or alters other requirements for responding to complaints and making inspections or visits to group homes, including, but not limited to, those set forth in Sections 1534 and 1538. (2) Prevents or precludes the department from taking any other action permitted under any other law, including any regulation adopted pursuant to this chapter. (e) This section does not apply to a runaway and homeless youth shelter, as defined in Section 1502. SEC. 5. Section 11469 of the Welfare and Institutions Code is amended to read: 11469. (a) The department shall develop, following consultation with group home providers, the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the State Department of Health Care Services, and stakeholders, performance standards and outcome measures for determining the effectiveness of the care and supervision, as defined in subdivision (b) of Section 11460, provided by group homes under the AFDC-FC program pursuant to Sections 11460 and 11462. These standards shall be designed to measure group home program performance for the client group that the group home program is designed to serve. (1) The performance standards and outcome measures shall be designed to measure the performance of group home programs in areas over which the programs have some degree of influence, and in other areas of measurable program performance that the department can demonstrate are areas over which group home programs have meaningful managerial or administrative influence. (2) These standards and outcome measures shall include, but are not limited to, the effectiveness of services provided by each group home program, and the extent to which the services provided by the group home assist in obtaining the child welfare case plan objectives for the child. (3) In addition, when the group home provider has identified as part of its program for licensing, ratesetting, or county placement purposes, or has included as a part of a child’s case plan by mutual agreement between the group home and the placing agency, specific mental health, education, medical, and other child-related services, the performance standards and outcome measures may also measure the effectiveness of those services. (b) Regulations regarding the implementation of the group home performance standards system required by this section shall be adopted no later than one year prior to implementation. The regulations shall specify both the performance standards system and the manner by which the AFDC-FC rate of a group home program shall be adjusted if performance standards are not met. (c) Except as provided in subdivision (d), effective July 1, 1995, group home performance standards shall be implemented. Any group home program not meeting the performance standards shall have its AFDC-FC rate, set pursuant to Section 11462, adjusted according to the regulations required by this section. (d) A group home program shall be classified at rate classification level 13 or 14 only if all of the following are met: (1) The program generates the requisite number of points for rate classification level 13 or 14. (2) The program only accepts children with special treatment needs as determined through the assessment process pursuant to paragraph (2) of subdivision (a) of Section 11462.01. (3) The program meets the performance standards designed pursuant to this section. (e) Notwithstanding subdivision (c), the group home program performance standards system shall not be implemented prior to the implementation of the AFDC-FC performance standards system. (f) On or before January 1, 2016, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, research entities, foster children, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising from incidents of allegedly unlawful behavior by minors occurring in group homes or under the supervision of group home staff, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. (g) On or before January 1, 2017, the department shall develop, following consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, the Medical Board of California, research entities, foster children advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, Indian tribes, and other stakeholders, additional performance standards and outcome measures that require group homes to implement alternative programs and services, including individualized behavior management programs, emergency intervention plans, and conflict resolution processes. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: This bill would amend the Health and Safety Code to require the Department of Social Services to publish and make available to interested persons a list or lists covering all licensed community

The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) The county sanitation districts of Los Angeles County (sanitation districts) were established in 1923 under the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code). (b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities. (c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012. (d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014. (e) The MS4 is a large, interconnected system that encompasses over 3,000 square miles, and is operated and maintained in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County. (f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the MS4 infrastructure for the purposes of flood protection and water conservation. (g) This extensive system conveys stormwater and nonstormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River. (h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits. (i) The Los Angeles Region MS4 permit prohibits the discharge of nonstormwater into the MS4, subject to specified exceptions, and one management technique that can be effective in cleaning up nonstormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met. (j) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in order to identify stormwater and dry weather urban runoff projects and activities that will improve the water quality in the downstream receiving water bodies. (k) The presiding officers of the cities and the Chair of the Los Angeles County Board of Supervisors serve as members of the boards of directors of the sanitation districts. (l) The administrative board of directors of the sanitation districts formally requested that the sanitation districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply with the Los Angeles Region MS4 permit in an efficient and effective manner. (m) The Legislature does not intend for the sanitation districts’ activities related to the management and treatment of stormwater and dry weather urban runoff to interfere with the existing water management, flood protection, groundwater replenishment, or water conservation activities of other local or regional agencies. (n) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts’ powers under the County Sanitation District Act. SEC. 2. Section 4730.68 is added to the Health and Safety Code, to read: 4730.68. (a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district. (b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes: (1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district. (2) The management and treatment of the stormwater and dry weather runoff. (3) The discharge of the water to the stormwater drainage system or receiving waters. (4) The beneficial use of the water. (c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. (d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication. (2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities. (3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities. (e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. (f) For purposes of this section, “stormwater” and “dry weather runoff” have the same meaning as in Section 10561.5 of the Water Code. (g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section. (h) Nothing in this section shall be construed to alter or interfere with any of the following: (1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute. (2) Existing water rights law. (3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the county sanitation districts of Los Angeles County.

The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, and disposal. This bill would authorize specified sanitation districts in the County of Los Angeles to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff, the discharge of the water to the stormwater drainage system, and the beneficial use of the water. The bill would require a district to consult with the Los Angeles County Flood Control District and the relevant watermaster or water replenishment district prior to initiating a stormwater or dry weather runoff program within the boundaries of an adjudicated groundwater basin or within the service area of a water replenishment district, as applicable. The bill would make related changes. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) The county sanitation districts of Los Angeles County (sanitation districts) were established in 1923 under the County Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code). (b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities. (c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012. (d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014. (e) The MS4 is a large, interconnected system that encompasses over 3,000 square miles, and is operated and maintained in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County. (f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the MS4 infrastructure for the purposes of flood protection and water conservation. (g) This extensive system conveys stormwater and nonstormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River. (h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits. (i) The Los Angeles Region MS4 permit prohibits the discharge of nonstormwater into the MS4, subject to specified exceptions, and one management technique that can be effective in cleaning up nonstormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met. (j) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in order to identify stormwater and dry weather urban runoff projects and activities that will improve the water quality in the downstream receiving water bodies. (k) The presiding officers of the cities and the Chair of the Los Angeles County Board of Supervisors serve as members of the boards of directors of the sanitation districts. (l) The administrative board of directors of the sanitation districts formally requested that the sanitation districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply with the Los Angeles Region MS4 permit in an efficient and effective manner. (m) The Legislature does not intend for the sanitation districts’ activities related to the management and treatment of stormwater and dry weather urban runoff to interfere with the existing water management, flood protection, groundwater replenishment, or water conservation activities of other local or regional agencies. (n) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts’ powers under the County Sanitation District Act. SEC. 2. Section 4730.68 is added to the Health and Safety Code, to read: 4730.68. (a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District of Los Angeles County, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County. The powers granted in this section supplement the existing powers of each district. (b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes: (1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district. (2) The management and treatment of the stormwater and dry weather runoff. (3) The discharge of the water to the stormwater drainage system or receiving waters. (4) The beneficial use of the water. (c) In order to carry out the powers and purposes granted under this section, the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. (d) (1) Prior to initiating a stormwater or dry weather runoff program or project within the boundaries of an adjudicated groundwater basin, a district shall consult with the relevant watermaster for a preliminary determination as to whether the project is inconsistent with the adjudication. If the watermaster deems the project to be inconsistent with the adjudication, the watermaster shall recommend, in writing, the measures that are necessary in order to conform the project to the adjudication. (2) Prior to initiating a stormwater or dry weather runoff project within the service area of a water replenishment district, a district shall consult with the water replenishment district for the purpose of avoiding potential conflicts with water replenishment activities. (3) Prior to initiating a stormwater or dry weather runoff project, a district shall consult with the Los Angeles County Flood Control District for the purpose of avoiding potential conflicts with flood protection and water conservation activities. (e) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. (f) For purposes of this section, “stormwater” and “dry weather runoff” have the same meaning as in Section 10561.5 of the Water Code. (g) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section. (h) Nothing in this section shall be construed to alter or interfere with any of the following: (1) Existing water rights to water from any source, including any adjudicated rights allocated by a court judgment or order, including any physical solution, rights issued by the state or a state agency, and rights acquired pursuant to any federal or state statute. (2) Existing water rights law. (3) Any rights, remedies, or obligations that may exist pursuant to Article 1 (commencing with Section 1200) or Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the county sanitation districts of Los Angeles County. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 4652.5 of the Welfare and Institutions Code is amended to read: 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or review of its financial statements relating to payments made by regional centers subject to all of the following: (A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000) but less than two million dollars ($2,000,000), the entity shall obtain an independent audit or independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than two hundred fifty thousand dollars ($250,000). (B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers or social security benefit payments. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within 30 days after completion of the audit or review. nine months of the end of the fiscal year for the entity. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent audit or independent review of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent audit or independent review requirement if the regional center does not find issues in the prior year’s independent audit or independent review that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to all of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material and pervasive, the regional center shall grant the entity a two-year exemption. However, the entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall notify the department of any exemption it grants to an entity that receives a qualified opinion report.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires an entity that receives payments between $250,000 and $500,000 per year from one or more regional centers to obtain an independent audit or review of its financial statements and requires an entity that receives payments that are equal to or more than $500,000 per year to obtain an independent audit. Existing law exempts payments made using usual and customary rates for services provided by regional centers from these requirements. This bill would instead require an entity to obtain an independent audit or review report of its financial statements relating to payments made by regional centers if it receives payments between $500,000 and $2,000,000 from one or more regional centers and would authorize these entities to apply for, and require the regional center to grant, a 2-year exemption from this requirement if the regional center does not find issues in the audit or review that have an impact on regional center services. The bill would also require an entity to obtain an independent audit if it receives payments that are equal to or more than $2,000,000 and would authorize these entities to apply for, and require the regional center to grant, a 2-year exemption from the audit requirement if the audit resulted in an unmodified opinion, an unmodified opinion with additional communication, or a qualified opinion with issues that are not material and pervasive. The bill would require a regional center to notify the department of any exemption it grants to an entity that receives a qualified opinion report. The bill would also exempt social security benefit payments from these requirements.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4652.5 of the Welfare and Institutions Code is amended to read: 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or review of its financial statements relating to payments made by regional centers subject to all of the following: (A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000) but less than two million dollars ($2,000,000), the entity shall obtain an independent audit or independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than two hundred fifty thousand dollars ($250,000). (B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers or social security benefit payments. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within 30 days after completion of the audit or review. nine months of the end of the fiscal year for the entity. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent audit or independent review of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent audit or independent review requirement if the regional center does not find issues in the prior year’s independent audit or independent review that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to all of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material and pervasive, the regional center shall grant the entity a two-year exemption. However, the entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall notify the department of any exemption it grants to an entity that receives a qualified opinion report. ### Summary: This text is a bill that would amend the Welfare and Institutions Code to require that an entity that receives payments from one or more regional centers contract with an independent accounting

The people of the State of California do enact as follows: SECTION 1. Section 3057.5 of the Business and Professions Code is amended to read: 3057.5. (a) Notwithstanding any other provision of this chapter, the board shall permit a graduate of a foreign university who meets all of the following requirements to take the examinations for an optometrist license: (1) Is over 18 years of age. (2) Is not subject to denial of a license under Section 480. (3) Has obtained any of the following: (A) A degree as a doctor of optometry issued by a university located outside of the United States. (B) A degree from a school of optometry program located outside of the United States that has a minimum of a four year or equivalent curriculum leading to an optometry license in the country where the program is located. (C) A degree from a school of medicine located outside of the United States and completed the necessary requirements to practice in the field of ophthalmology in the country where the school of medicine is located. (4) Submits an application to obtain a letter of sponsorship on a form approved by the board. (5) Pays to the board the fee for an application for licensure prescribed in subdivision (a) of Section 3152. (b) (1) A graduate of a foreign university shall provide to the board any supporting documents requested by the board to establish that the requirement of paragraph (3) of subdivision (a) has been met. These supporting documents may include, but are not limited to, a curriculum vitae, official examination score, certificate of optometric or medical education, official school transcript, certified copy of optometric or medical diploma, official English translation, certificate of completion of postgraduate training, and certificate of clinical training. (2) Every document provided pursuant to this subdivision shall be in English or translated into English by a certified United States translation service approved by the board. (c) The board shall require a graduate of a foreign university to obtain an evaluation of his or her official school transcript by an education evaluation service approved by the board. The board shall determine from the evaluation whether the applicant has met the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety. (d) Notwithstanding paragraph (3) of subdivision (a), if a graduate of a foreign university does not meet the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety, the board may establish alternative education requirements for the graduate of a foreign university to meet in order to ensure this knowledge. A graduate of a foreign university shall provide any supporting documents requested by the board to establish that these requirements are met. (e) The board shall issue a letter of sponsorship, or its equivalent, required by the National Board of Examiners in Optometry, or its equivalent, to permit a graduate of a foreign university to take all examinations required for licensure. This letter of sponsorship shall expire two years from the date of issuance. SEC. 2. Section 3058 is added to the Business and Professions Code, to read: 3058. (a) The board may issue a license to practice optometry to a person who meets all of the following requirements: (1) Has obtained permission to take the examinations for an optometrist license pursuant to Section 3057.5. (2) Has successfully passed the required examinations. (3) Is not subject to denial of a license under Section 480. (4) Has met the requirements described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 3041.3. (5) Has provided the board with any other information requested by the board to the extent necessary to determine that the person has met the requirements for licensure under this chapter. (6) Has submitted an application on a form approved by the board. (7) Pays the fee for an application for licensure prescribed in subdivision (a) of Section 3152. (8) Has no physical or mental impairment related to drugs or alcohol and has not been found mentally incompetent by a licensed psychologist or licensed psychiatrist so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public. (b) A license issued pursuant to this section shall expire as provided in Section 3146 and may be renewed as provided in this chapter, subject to the same conditions as other licenses issued under this chapter. SEC. 2. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law, the Optometry Practice Act, creates the State Board of Optometry, which licenses optometrists and regulates their practice. Existing law provides that the State Board of Optometry is required, by regulation, to establish educational and examination requirements for licensure to ensure the competence of optometrists to practice. Existing law requires an applicant for licensure to submit an application that is provided under oath and to pay a prescribed fee. All fees are deposited in the Optometry Fund, which is continuously appropriated to the board to administer the act. Any violation of the act is a crime. Existing law authorizes the board to permit a graduate of a foreign university who meets specified requirements to take the examinations for an optometrist license. This bill would revise the license examination requirements for a graduate of a foreign university to, among other things, require submission of an application and payment of a prescribed fee. This bill would also authorize the board to issue a license to a graduate of a foreign university who meets specified requirements, including requirements that the applicant have permission to take the examinations for an optometrist license, submit an application on a form approved by the board, and pay a prescribed fee for an application for licensure. By increasing the amount of moneys deposited into a continuously appropriated fund, this bill would make an appropriation. Because the application would be required to be provided under oath, this bill would expand the scope of an existing crime and create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3057.5 of the Business and Professions Code is amended to read: 3057.5. (a) Notwithstanding any other provision of this chapter, the board shall permit a graduate of a foreign university who meets all of the following requirements to take the examinations for an optometrist license: (1) Is over 18 years of age. (2) Is not subject to denial of a license under Section 480. (3) Has obtained any of the following: (A) A degree as a doctor of optometry issued by a university located outside of the United States. (B) A degree from a school of optometry program located outside of the United States that has a minimum of a four year or equivalent curriculum leading to an optometry license in the country where the program is located. (C) A degree from a school of medicine located outside of the United States and completed the necessary requirements to practice in the field of ophthalmology in the country where the school of medicine is located. (4) Submits an application to obtain a letter of sponsorship on a form approved by the board. (5) Pays to the board the fee for an application for licensure prescribed in subdivision (a) of Section 3152. (b) (1) A graduate of a foreign university shall provide to the board any supporting documents requested by the board to establish that the requirement of paragraph (3) of subdivision (a) has been met. These supporting documents may include, but are not limited to, a curriculum vitae, official examination score, certificate of optometric or medical education, official school transcript, certified copy of optometric or medical diploma, official English translation, certificate of completion of postgraduate training, and certificate of clinical training. (2) Every document provided pursuant to this subdivision shall be in English or translated into English by a certified United States translation service approved by the board. (c) The board shall require a graduate of a foreign university to obtain an evaluation of his or her official school transcript by an education evaluation service approved by the board. The board shall determine from the evaluation whether the applicant has met the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety. (d) Notwithstanding paragraph (3) of subdivision (a), if a graduate of a foreign university does not meet the educational requirements that are reasonable and necessary to ensure that an optometrist has the knowledge to adequately protect the public health and safety, the board may establish alternative education requirements for the graduate of a foreign university to meet in order to ensure this knowledge. A graduate of a foreign university shall provide any supporting documents requested by the board to establish that these requirements are met. (e) The board shall issue a letter of sponsorship, or its equivalent, required by the National Board of Examiners in Optometry, or its equivalent, to permit a graduate of a foreign university to take all examinations required for licensure. This letter of sponsorship shall expire two years from the date of issuance. SEC. 2. Section 3058 is added to the Business and Professions Code, to read: 3058. (a) The board may issue a license to practice optometry to a person who meets all of the following requirements: (1) Has obtained permission to take the examinations for an optometrist license pursuant to Section 3057.5. (2) Has successfully passed the required examinations. (3) Is not subject to denial of a license under Section 480. (4) Has met the requirements described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 3041.3. (5) Has provided the board with any other information requested by the board to the extent necessary to determine that the person has met the requirements for licensure under this chapter. (6) Has submitted an application on a form approved by the board. (7) Pays the fee for an application for licensure prescribed in subdivision (a) of Section 3152. (8) Has no physical or mental impairment related to drugs or alcohol and has not been found mentally incompetent by a licensed psychologist or licensed psychiatrist so that the person is unable to undertake the practice of optometry in a manner consistent with the safety of a patient or the public. (b) A license issued pursuant to this section shall expire as provided in Section 3146 and may be renewed as provided in this chapter, subject to the same conditions as other licenses issued under this chapter. SEC. 2. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 17952.7 is added to the Revenue and Taxation Code, to read: 17952.7. (a) For purposes of computing “taxable income of a nonresident or part-year resident” under paragraph (1) of subdivision (i) of Section 17041, gross income of a nonresident, as defined in Section 17015, from sources within this state shall not include “de minimis income” received on or after January 1, 2016, 2017, for any part of the taxable year during which the taxpayer was not a resident of this state. (b) For purposes of this section, the following definitions shall apply: (1) “De minimis income” means compensation otherwise subject to withholding under Chapter 2 (commencing with Section 13020) of Division 6 of the Unemployment Insurance Code, without regard to Section 13020.5 of the Unemployment Insurance Code, Code that is received by a nonresident if the following apply: (A) The nonresident has no other income from sources within this state for the taxable year in which the compensation was received. (B) The nonresident is present in this state to perform employment duties on behalf of an employer and any other related person for not more than 20 9 calendar days during the taxable year in which the compensation is received. For purposes of this subparagraph, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. (C) The nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. (2) “Related person” means a person that, with respect to the employer during all or any portion of the taxable year, is one of the following: (A) A related entity. (B) A member of a commonly controlled group, within the meaning of Section 25105. (C) A person to or from whom there is attribution of stock ownership in accordance with subdivision (e) of Section 25105. (D) A person that, notwithstanding its form of organization, bears the same relationship to the employer as a person described in subparagraphs (A), (B), or (C), inclusive. (3) “Related entity” means any of the following: (A) A stockholder who is an individual, or a member of the stockholder’s family set forth in Section 318 of the Internal Revenue Code, relating to constructive ownership of stock, if the stockholder and the members of the stockholder’s family own, directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. (B) A stockholder, or a stockholder’s partnership, limited liability company, estate, trust, or corporation, if the stockholder and the stockholder’s partnerships, limited liability companies, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. (C) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of the Internal Revenue Code if the employer owns, directly, indirectly, beneficially, or constructively, at least 50 percent of the value of the corporation’s outstanding stock. The attribution rules of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirement of this definition has been met. (c) This section shall not apply to compensation received by any of the following: (1) An individual who is a professional athlete or member of a professional athletic team. (2) An individual who is a professional entertainer who performs services in the professional performing arts. (3) An individual of prominence who performs services for compensation on a per-event basis. (4) An individual who is identified as a key employee, within the meaning of Section 416(i)(1)(A)(i) 416(I)(1)(A)(i) of the Internal Revenue Code, for the taxable year immediately preceding the current taxable year. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 2. Section 18501.5 is added to the Revenue and Taxation Code, to read: 18501.5. (a) (1) Notwithstanding Section 18501 and except as provided in paragraph (2), a nonresident whose only income from sources in this state is compensation that is excluded pursuant to Section 17952.7 has no tax liability under Section 17041 and is not required to file a return. (2) Upon request by the Franchise Tax Board, a nonresident may be required to file an information return. (b) This section is applicable to the determination of an individual income taxpayer’s filing requirement and has no application to the imposition of, or jurisdiction to impose, a tax under Part 10 (commencing with Section 17001) or any other tax on any taxpayer. (c) Nothing contained in this section is intended to have any bearing on the sourcing rules for determining the taxability by this state of deferred compensation earned by performing services in this state during any portion of the applicable vesting period, whether by stock option, restricted stock units, or any other means, based on a formula comparing the number of working days in this state to the number of working days elsewhere, and no de minimis period, as described in Section 17952.7, applies to those determinations. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 3. Section 13020.5 is added to the Unemployment Insurance Code , to read: 13020.5. (a)Notwithstanding Section 13020, no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from income subject to tax pursuant to Section 17952.7 of the Revenue and Taxation Code. The number of days a nonresident employee is present in this state for purposes of Section 17952.7 of the Revenue and Taxation Code shall include all such days the nonresident employee is present and performing employment duties in the state on behalf of the employer and any other related person, as defined in subdivision (b) of Section 17952.7 of the Revenue and Taxation Code. For purposes of this subdivision, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. (b)An employer that has erroneously applied the exception provided by this section solely as a result of miscalculating the number of days a nonresident employee is present in this state to perform employment duties shall not be subject to a penalty resulting from the erroneous application of the exception provided in this section if one of the following applies: (1)The employer relied on a regularly maintained time and attendance system that satisfies both of the following conditions: (A)The system requires the employee to record, on a contemporaneous basis, his or her work location each day the employee is present in a state other than the state of residence or the state where services are considered performed under the Unemployment Insurance Code. (B)The system is used by the employer to allocate the employee’s wages between all taxing jurisdictions in which the employee performs duties. (2)The employer does not maintain a time and attendance system described in paragraph (1) and relied on employee travel records that the employer requires the employee to maintain and record on a regular and contemporaneous basis. (3)The employer does not maintain a time and attendance system described in paragraph (1), does not require the maintenance of employee records described in paragraph (2), and relied on travel expense reimbursement records that the employer requires the employee to submit on a regular and contemporaneous basis. (c)This section establishes an exception to withholding and deduction requirements and has no application to the imposition of, or jurisdiction to impose, this or any other tax on any employee. (d)This section shall remain in effect only until January 1, 2021. SEC. 3. Section 13006 of the Unemployment Insurance Code is amended to read: 13006. “Gross income” means all compensation for services including fees, commissions, and similar items, except as otherwise provided by this division. “Gross income” shall specifically include those items relating to compensation specified by Article 2 (commencing with Section 17081) of, and shall specifically exclude those items relating to compensation specified by Article 3 (commencing with Section 17131) of, Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code. Until January 1, 2021, “gross income” shall also exclude de minimis income excluded from the gross income of a nonresident under Section 17952.7 of the Revenue and Taxation Code.

Existing law, the Personal Income Tax Law, imposes a tax on the entire taxable income of a resident taxpayer subject to that law, and provides for a specified treatment of the income of nonresidents. For purposes of computing the taxable income, the gross income of a nonresident includes only the gross income from sources within this state. Existing law requires every taxpayer subject to tax under the law to file a return with the Franchise Tax Board, stating specifically the items of the gross income from all sources and the deductions and credits allowable, as provided. This bill would provide, for purposes of computing the taxable income of a nonresident, that the gross income of a nonresident from sources within this state does not include “de minimis income,” defined as compensation subject to specified withholding if the nonresident has no other income from sources within this state, is present in this state to perform employment duties on behalf of an employer and any other related person for not more than 20 9 calendar days during the taxable year in which the compensation is received, if the compensation is received on or after January 1, 2016, 2017, for any part of the taxable year during which the taxpayer was not a resident of this state, and the nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. Except as specified, the bill would provide that a nonresident whose only income from sources in this state is compensation excluded pursuant to these provisions has no personal income tax liability and is not required to file a return. The bill would repeal these provisions on January 1, 2021. Existing law requires every employer who pays wages to a nonresident employee for services performed in this state to deduct and withhold from those wages, except as provided, the amount of specified income taxes. taxes reasonably estimated to be due from the inclusion of those wages in the employee’s gross income. This bill bill, until January 1, 2021, would provide that no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from provide, for those tax withholding purposes, that gross income excludes de minimis income excluded from a nonresident’s income subject to tax pursuant to the aforementioned provisions. The bill would repeal these provisions on January 1, 2021.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17952.7 is added to the Revenue and Taxation Code, to read: 17952.7. (a) For purposes of computing “taxable income of a nonresident or part-year resident” under paragraph (1) of subdivision (i) of Section 17041, gross income of a nonresident, as defined in Section 17015, from sources within this state shall not include “de minimis income” received on or after January 1, 2016, 2017, for any part of the taxable year during which the taxpayer was not a resident of this state. (b) For purposes of this section, the following definitions shall apply: (1) “De minimis income” means compensation otherwise subject to withholding under Chapter 2 (commencing with Section 13020) of Division 6 of the Unemployment Insurance Code, without regard to Section 13020.5 of the Unemployment Insurance Code, Code that is received by a nonresident if the following apply: (A) The nonresident has no other income from sources within this state for the taxable year in which the compensation was received. (B) The nonresident is present in this state to perform employment duties on behalf of an employer and any other related person for not more than 20 9 calendar days during the taxable year in which the compensation is received. For purposes of this subparagraph, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. (C) The nonresident’s state of residence provides a substantially similar exclusion or does not impose an individual income tax. (2) “Related person” means a person that, with respect to the employer during all or any portion of the taxable year, is one of the following: (A) A related entity. (B) A member of a commonly controlled group, within the meaning of Section 25105. (C) A person to or from whom there is attribution of stock ownership in accordance with subdivision (e) of Section 25105. (D) A person that, notwithstanding its form of organization, bears the same relationship to the employer as a person described in subparagraphs (A), (B), or (C), inclusive. (3) “Related entity” means any of the following: (A) A stockholder who is an individual, or a member of the stockholder’s family set forth in Section 318 of the Internal Revenue Code, relating to constructive ownership of stock, if the stockholder and the members of the stockholder’s family own, directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. (B) A stockholder, or a stockholder’s partnership, limited liability company, estate, trust, or corporation, if the stockholder and the stockholder’s partnerships, limited liability companies, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50 percent of the value of the employer’s outstanding stock. (C) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of the Internal Revenue Code if the employer owns, directly, indirectly, beneficially, or constructively, at least 50 percent of the value of the corporation’s outstanding stock. The attribution rules of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirement of this definition has been met. (c) This section shall not apply to compensation received by any of the following: (1) An individual who is a professional athlete or member of a professional athletic team. (2) An individual who is a professional entertainer who performs services in the professional performing arts. (3) An individual of prominence who performs services for compensation on a per-event basis. (4) An individual who is identified as a key employee, within the meaning of Section 416(i)(1)(A)(i) 416(I)(1)(A)(i) of the Internal Revenue Code, for the taxable year immediately preceding the current taxable year. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 2. Section 18501.5 is added to the Revenue and Taxation Code, to read: 18501.5. (a) (1) Notwithstanding Section 18501 and except as provided in paragraph (2), a nonresident whose only income from sources in this state is compensation that is excluded pursuant to Section 17952.7 has no tax liability under Section 17041 and is not required to file a return. (2) Upon request by the Franchise Tax Board, a nonresident may be required to file an information return. (b) This section is applicable to the determination of an individual income taxpayer’s filing requirement and has no application to the imposition of, or jurisdiction to impose, a tax under Part 10 (commencing with Section 17001) or any other tax on any taxpayer. (c) Nothing contained in this section is intended to have any bearing on the sourcing rules for determining the taxability by this state of deferred compensation earned by performing services in this state during any portion of the applicable vesting period, whether by stock option, restricted stock units, or any other means, based on a formula comparing the number of working days in this state to the number of working days elsewhere, and no de minimis period, as described in Section 17952.7, applies to those determinations. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 3. Section 13020.5 is added to the Unemployment Insurance Code , to read: 13020.5. (a)Notwithstanding Section 13020, no amount is required to be deducted or withheld from compensation paid to a nonresident for employment duties performed in this state if that compensation is excluded from income subject to tax pursuant to Section 17952.7 of the Revenue and Taxation Code. The number of days a nonresident employee is present in this state for purposes of Section 17952.7 of the Revenue and Taxation Code shall include all such days the nonresident employee is present and performing employment duties in the state on behalf of the employer and any other related person, as defined in subdivision (b) of Section 17952.7 of the Revenue and Taxation Code. For purposes of this subdivision, presence in this state for any part of a day constitutes presence in this state for that day unless such presence is solely for purposes of transit through the state. (b)An employer that has erroneously applied the exception provided by this section solely as a result of miscalculating the number of days a nonresident employee is present in this state to perform employment duties shall not be subject to a penalty resulting from the erroneous application of the exception provided in this section if one of the following applies: (1)The employer relied on a regularly maintained time and attendance system that satisfies both of the following conditions: (A)The system requires the employee to record, on a contemporaneous basis, his or her work location each day the employee is present in a state other than the state of residence or the state where services are considered performed under the Unemployment Insurance Code. (B)The system is used by the employer to allocate the employee’s wages between all taxing jurisdictions in which the employee performs duties. (2)The employer does not maintain a time and attendance system described in paragraph (1) and relied on employee travel records that the employer requires the employee to maintain and record on a regular and contemporaneous basis. (3)The employer does not maintain a time and attendance system described in paragraph (1), does not require the maintenance of employee records described in paragraph (2), and relied on travel expense reimbursement records that the employer requires the employee to submit on a regular and contemporaneous basis. (c)This section establishes an exception to withholding and deduction requirements and has no application to the imposition of, or jurisdiction to impose, this or any other tax on any employee. (d)This section shall remain in effect only until January 1, 2021. SEC. 3. Section 13006 of the Unemployment Insurance Code is amended to read: 13006. “Gross income” means all compensation for services including fees, commissions, and similar items, except as otherwise provided by this division. “Gross income” shall specifically include those items relating to compensation specified by Article 2 (commencing with Section 17081) of, and shall specifically exclude those items relating to compensation specified by Article 3 (commencing with Section 17131) of, Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code. Until January 1, 2021, “gross income” shall also exclude de minimis income excluded from the gross income of a nonresident under Section 17952.7 of the Revenue and Taxation Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1203.45 of the Penal Code is amended to read: 1203.45. (a) In a case in which a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4 or 1203.4a, or a separate proceeding, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. If the court finds that the person was under 18 years of age at the time of the commission of the misdemeanor, and is eligible for relief under Section 1203.4 or 1203.4a or has previously received that relief, it may issue its order granting the relief prayed for. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (b) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section. (c) This section shall not apply to offenses for which registration is required under Section 290, to violations of Division 10 (commencing with Section 11000) of the Health and Safety Code, or to misdemeanor violations of the Vehicle Code relating to operation of a vehicle or of a local ordinance relating to operation, standing, stopping, or parking of a motor vehicle. (d) This section does not apply to a person convicted of more than one offense, whether the second or additional convictions occurred in the same action in which the conviction as to which relief is sought occurred or in another action, except in the following cases: (1) One of the offenses includes the other or others. (2) The other conviction or convictions were for the following: (A) Misdemeanor violations of Chapters 1 (commencing with Section 21000) to 9 (commencing with Section 22500), inclusive, Chapter 12 (commencing with Section 23100), or Chapter 13 (commencing with Section 23250) of Division 11 of the Vehicle Code, other than Section 23103, 23104, 23105, 23152, 23153, or 23220. (B) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle. (3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2). (e) This section shall apply in a case in which a person was under 21 years of age at the time of the commission of an offense as to which this section is made applicable if that offense was committed prior to March 7, 1973. (f) In an action or proceeding based upon defamation, a court, upon a showing of good cause, may order the records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (g) A person who is 26 years of age or older and petitions for an order sealing a record under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court, not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors, not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in a case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision. SEC. 2. Section 781 of the Welfare and Institutions Code is amended to read: 781. (a) (1) (A) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, entities, and public officials as the petitioner alleges, in his or her petition, to have custody of the records. The court shall notify the district attorney of the county and the county probation officer, if he or she is not the petitioner, and the district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the person’s case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. (B) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that the agency, entity, or official received. (C) In any case in which a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, shall also provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies, entities, and officials. (D) Notwithstanding any other law, the court shall not order the person’s records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older. (2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision. (3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record pursuant to this subdivision. (4) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (b), the records shall not be open to inspection. (b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (c) (1) Subdivision (a) does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice. (2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record. (3) This subdivision does not prevent the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles. (4) This subdivision does not affect the procedures or authority of the Department of Motor Vehicles for purging department records. (d) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section as follows: five years after the record was ordered sealed, if the person who is the subject of the record was alleged or adjudged to be a person described by Section 601; or when the person who is the subject of the record reaches 38 years of age if the person was alleged or adjudged to be a person described by Section 602, except that if the subject of the record was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 when he or she was 14 years of age or older, the record shall not be destroyed. Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed. (e) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (f) This section shall not permit the sealing of a person’s juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1. This subdivision is declaratory of existing law. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order. (h) (1) On and after January 1, 2015, each court and probation department shall ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records pursuant to this section shall be provided to each person who is either of the following: (A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court. (B) A person who is brought before a probation officer pursuant to Section 626. (2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for purposes of paragraph (1) and shall develop a form to petition the court for the sealing and destruction of records pursuant to this section. The informational materials and the form shall be provided to each person described in paragraph (1) when jurisdiction is terminated or when the case is dismissed. SEC. 3. Section 903.3 of the Welfare and Institutions Code is amended to read: 903.3. (a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person. (b) In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services. (c) Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing. (d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified. This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services. Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records relating to the person’s case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. This bill would prohibit an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to the above provisions. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record pursuant to the above provisions. The bill would provide that a minor is not relieved of the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. The bill would provide that sealing a record does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, and that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program. Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified. This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1203.45 of the Penal Code is amended to read: 1203.45. (a) In a case in which a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4 or 1203.4a, or a separate proceeding, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. If the court finds that the person was under 18 years of age at the time of the commission of the misdemeanor, and is eligible for relief under Section 1203.4 or 1203.4a or has previously received that relief, it may issue its order granting the relief prayed for. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (b) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section. (c) This section shall not apply to offenses for which registration is required under Section 290, to violations of Division 10 (commencing with Section 11000) of the Health and Safety Code, or to misdemeanor violations of the Vehicle Code relating to operation of a vehicle or of a local ordinance relating to operation, standing, stopping, or parking of a motor vehicle. (d) This section does not apply to a person convicted of more than one offense, whether the second or additional convictions occurred in the same action in which the conviction as to which relief is sought occurred or in another action, except in the following cases: (1) One of the offenses includes the other or others. (2) The other conviction or convictions were for the following: (A) Misdemeanor violations of Chapters 1 (commencing with Section 21000) to 9 (commencing with Section 22500), inclusive, Chapter 12 (commencing with Section 23100), or Chapter 13 (commencing with Section 23250) of Division 11 of the Vehicle Code, other than Section 23103, 23104, 23105, 23152, 23153, or 23220. (B) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle. (3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2). (e) This section shall apply in a case in which a person was under 21 years of age at the time of the commission of an offense as to which this section is made applicable if that offense was committed prior to March 7, 1973. (f) In an action or proceeding based upon defamation, a court, upon a showing of good cause, may order the records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (g) A person who is 26 years of age or older and petitions for an order sealing a record under this section may be required to reimburse the court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court, not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors, not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in a case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services established pursuant to this subdivision. SEC. 2. Section 781 of the Welfare and Institutions Code is amended to read: 781. (a) (1) (A) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, entities, and public officials as the petitioner alleges, in his or her petition, to have custody of the records. The court shall notify the district attorney of the county and the county probation officer, if he or she is not the petitioner, and the district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, he or she has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the person’s case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. (B) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that the agency, entity, or official received. (C) In any case in which a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, shall also provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies, entities, and officials. (D) Notwithstanding any other law, the court shall not order the person’s records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older. (2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision. (3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record pursuant to this subdivision. (4) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (b), the records shall not be open to inspection. (b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (c) (1) Subdivision (a) does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice. (2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record. (3) This subdivision does not prevent the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles. (4) This subdivision does not affect the procedures or authority of the Department of Motor Vehicles for purging department records. (d) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section as follows: five years after the record was ordered sealed, if the person who is the subject of the record was alleged or adjudged to be a person described by Section 601; or when the person who is the subject of the record reaches 38 years of age if the person was alleged or adjudged to be a person described by Section 602, except that if the subject of the record was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 when he or she was 14 years of age or older, the record shall not be destroyed. Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed. (e) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (f) This section shall not permit the sealing of a person’s juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1. This subdivision is declaratory of existing law. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order. (h) (1) On and after January 1, 2015, each court and probation department shall ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records pursuant to this section shall be provided to each person who is either of the following: (A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court. (B) A person who is brought before a probation officer pursuant to Section 626. (2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for purposes of paragraph (1) and shall develop a form to petition the court for the sealing and destruction of records pursuant to this section. The informational materials and the form shall be provided to each person described in paragraph (1) when jurisdiction is terminated or when the case is dismissed. SEC. 3. Section 903.3 of the Welfare and Institutions Code is amended to read: 903.3. (a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person. (b) In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services. (c) Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing. (d) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 6603 of the Welfare and Institutions Code is amended to read: 6603. (a) A person subject to this article shall be entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on his or her behalf, and to have access to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall appoint counsel to assist him or her, and, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person’s behalf. Any right that may exist under this section to request DNA testing on prior cases shall be made in conformity with Section 1405 of the Penal Code. (b) The attorney petitioning for commitment under this article shall have the right to demand that the trial be before a jury. (c) (1) If the attorney petitioning for commitment under this article determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment under this article may request the State Department of State Hospitals to perform replacement evaluations. When a request is made for updated or replacement evaluations, the State Department of State Hospitals shall perform the requested evaluations and forward them to the petitioning attorney and to the counsel for the person subject to this article. However, updated or replacement evaluations shall not be performed except as necessary to update one or more of the original evaluations or to replace the evaluation of an evaluator who is no longer available to testify for the petitioner in court proceedings. These updated or replacement evaluations shall include review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. If an updated or replacement evaluation results in a split opinion as to whether the person subject to this article meets the criteria for commitment, the State Department of State Hospitals shall conduct two additional evaluations in accordance with subdivision (f) of Section 6601. (2) For purposes of this subdivision, “no longer available to testify for the petitioner in court proceedings” means that the evaluator is no longer authorized by the Director of State Hospitals to perform evaluations regarding sexually violent predators as a result of any of the following: (A) The evaluator has failed to adhere to the protocol of the State Department of State Hospitals. (B) The evaluator’s license has been suspended or revoked. (C) The evaluator is unavailable pursuant to Section 240 of the Evidence Code. (D) The independent professional or state employee who has served as the evaluator has resigned or retired and has not entered into a new contract to continue as an evaluator in the case, unless this evaluator, in his or her most recent evaluation of the person subject to this article, opined that the person subject to this article does not meet the criteria for commitment. (d) This section does not prevent the defense from presenting otherwise relevant and admissible evidence. (e) If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury. (f) A unanimous verdict shall be required in any jury trial. (g) The court shall notify the State Department of State Hospitals of the outcome of the trial by forwarding to the department a copy of the minute order of the court within 72 hours of the decision. (h) This section does not limit any legal or equitable right that a person may have to request DNA testing. (i) Subparagraph (D) of paragraph (2) of subdivision (c) does not affect the authority of the State Department of State Hospitals to conduct two additional evaluations when an updated or replacement evaluation results in a split opinion. (j) (1) Notwithstanding any other law, the evaluator performing an updated evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator pursuant to subdivision (c). The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose. (2) This subdivision does not affect the right of a party to object to the introduction at trial of all or a portion of a record subpoenaed under paragraph (1) on the ground that it is more prejudicial than probative pursuant to Section 352 of the Evidence Code or that it is not material to the issue of whether the person subject to this article is a sexually violent predator, as defined in subdivision (a) of Section 6600, or to any other issue to be decided by the court. If the relief is granted, in whole or in part, the record or records shall retain any confidentiality that may apply under Section 5328 of this code and Section 1014 of the Evidence Code. (3) This subdivision does not affect any right of a party to seek to obtain other records regarding the person subject to this article. (4) Except as provided in paragraph (1), this subdivision does not affect any right of a committed person to assert that records are confidential under Section 5328 of this code or Section 1014 of the Evidence Code. SEC. 2. Nothing in this act is intended to affect the determination by the Supreme Court of California, in People v. Superior Court (Smith) (Docket No. S225562), whether an expert retained by the district attorney in a proceeding under the Sexually Violent Predator Act (Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code) is entitled to review otherwise confidential treatment information under Section 5328 of the Welfare and Institutions Code.

Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists designated by the Director of State Hospitals. If both evaluators concur that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the director is required to forward a request for a petition for commitment to the district attorney or county counsel, who may then file the petition with the court. Under existing law, if the attorney petitioning for commitment determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the department to perform updated evaluations, which include the review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated. Existing law requires that the department forward the updated evaluations to the petitioning attorney and to the counsel for the person who is the subject of the commitment hearing. This bill would require the evaluator performing an updated evaluation to include a statement listing the medical and psychological records reviewed by the evaluator, and would direct the court to issue a subpoena, upon the request of either party to the civil commitment proceeding, for a certified copy of these records. The bill would authorize the attorneys to use the records in the commitment proceeding, but would prohibit disclosure of the records for any other purpose.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6603 of the Welfare and Institutions Code is amended to read: 6603. (a) A person subject to this article shall be entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on his or her behalf, and to have access to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall appoint counsel to assist him or her, and, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person’s behalf. Any right that may exist under this section to request DNA testing on prior cases shall be made in conformity with Section 1405 of the Penal Code. (b) The attorney petitioning for commitment under this article shall have the right to demand that the trial be before a jury. (c) (1) If the attorney petitioning for commitment under this article determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment under this article may request the State Department of State Hospitals to perform replacement evaluations. When a request is made for updated or replacement evaluations, the State Department of State Hospitals shall perform the requested evaluations and forward them to the petitioning attorney and to the counsel for the person subject to this article. However, updated or replacement evaluations shall not be performed except as necessary to update one or more of the original evaluations or to replace the evaluation of an evaluator who is no longer available to testify for the petitioner in court proceedings. These updated or replacement evaluations shall include review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. If an updated or replacement evaluation results in a split opinion as to whether the person subject to this article meets the criteria for commitment, the State Department of State Hospitals shall conduct two additional evaluations in accordance with subdivision (f) of Section 6601. (2) For purposes of this subdivision, “no longer available to testify for the petitioner in court proceedings” means that the evaluator is no longer authorized by the Director of State Hospitals to perform evaluations regarding sexually violent predators as a result of any of the following: (A) The evaluator has failed to adhere to the protocol of the State Department of State Hospitals. (B) The evaluator’s license has been suspended or revoked. (C) The evaluator is unavailable pursuant to Section 240 of the Evidence Code. (D) The independent professional or state employee who has served as the evaluator has resigned or retired and has not entered into a new contract to continue as an evaluator in the case, unless this evaluator, in his or her most recent evaluation of the person subject to this article, opined that the person subject to this article does not meet the criteria for commitment. (d) This section does not prevent the defense from presenting otherwise relevant and admissible evidence. (e) If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury. (f) A unanimous verdict shall be required in any jury trial. (g) The court shall notify the State Department of State Hospitals of the outcome of the trial by forwarding to the department a copy of the minute order of the court within 72 hours of the decision. (h) This section does not limit any legal or equitable right that a person may have to request DNA testing. (i) Subparagraph (D) of paragraph (2) of subdivision (c) does not affect the authority of the State Department of State Hospitals to conduct two additional evaluations when an updated or replacement evaluation results in a split opinion. (j) (1) Notwithstanding any other law, the evaluator performing an updated evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator pursuant to subdivision (c). The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose. (2) This subdivision does not affect the right of a party to object to the introduction at trial of all or a portion of a record subpoenaed under paragraph (1) on the ground that it is more prejudicial than probative pursuant to Section 352 of the Evidence Code or that it is not material to the issue of whether the person subject to this article is a sexually violent predator, as defined in subdivision (a) of Section 6600, or to any other issue to be decided by the court. If the relief is granted, in whole or in part, the record or records shall retain any confidentiality that may apply under Section 5328 of this code and Section 1014 of the Evidence Code. (3) This subdivision does not affect any right of a party to seek to obtain other records regarding the person subject to this article. (4) Except as provided in paragraph (1), this subdivision does not affect any right of a committed person to assert that records are confidential under Section 5328 of this code or Section 1014 of the Evidence Code. SEC. 2. Nothing in this act is intended to affect the determination by the Supreme Court of California, in People v. Superior Court (Smith) (Docket No. S225562), whether an expert retained by the district attorney in a proceeding under the Sexually Violent Predator Act (Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code) is entitled to review otherwise confidential treatment information under Section 5328 of the Welfare and Institutions Code. ### Summary: This bill would amend Section 6603 of the Welfare and Institutions Code, relating to sexually violent predators. ### Fiscal Effect: No fiscal effect

The people of the State of California do enact as follows: SECTION 1. Section 42356 of the Public Resources Code is amended to read: 42356. For purposes of this chapter, the following definitions apply: (a) “ASTM” means ASTM International, which was formerly known as the American Society for Testing and Materials. (b) (1) “ASTM standard specification” means one of the following: (A) The ASTM Standard Specification for Compostable Plastics D6400, as published in September 2004, except as provided in subdivision (c) of Section 42356.1. (B) The ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081, as published in August 2005, except as provided in subdivision (c) of Section 42356.1. (C) The ASTM Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates D6868, as published in August 2003, except as specified in subdivision (c) of Section 42356.1. (2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. (c) “Department” means the Department of Resources Recycling and Recovery. (d) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a plastic product. (e) “OK home compost” means conformity with the existing Vincotte certification “OK Compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the Vincotte program “OK 2-Home Compostability of Products.” (f) “Plastic product” means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following: (1) (A) A consumer product. (B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. (2) A package or a packaging component. (3) A bag, sack, wrap, or other thin plastic sheet film product. (4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. (g) “Supplier” means a person who does one or more of the following: (1) Sells, offers for sale, or offers for promotional purposes, a plastic product that is used. (2) Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. (h) “Vincotte certification” means a certification of a European norm (EN) standard adopted by the Belgian-accredited inspection and certification organization Vincotte. SEC. 2. Section 42357 of the Public Resources Code is amended to read: 42357. (a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356 42356, or the Vincotte OK Compost HOME certification, as provided in paragraph (4). (2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). (3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2. (4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity with regard to that product, except as provided in subparagraph (B) or (C). (B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. (C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B). (b) Except as provided in subdivision (a), (a) or (e), a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment. (c) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (d) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. (e) (1) If ASTM adopts a standard for Work Item ASTM WK29802, New Specification for Aerobically Biodegradable Plastics in Soil Environment in the Temperate Zone, the director may adopt that ASTM standard specification. (2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if it meets an ASTM standard specification that the director has adopted pursuant to paragraph (1). (3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used as a technical tool in commercial farming applications.

Existing law prohibits the sale of a plastic product labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets a certain specification, certification, or standard and prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified. The term “plastic product” is defined for purposes of these prohibitions. This bill would authorize the labeling of commercial agricultural mulch film, as defined, sold in the state as “soil biodegradable” if it meets a specified standard for biodegradability of plastics adopted by ASTM International and that standard is also adopted by the Director of Resources Recycling and Recovery. The bill also would make nonsubstantive changes relating to the definition of ASTM International.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 42356 of the Public Resources Code is amended to read: 42356. For purposes of this chapter, the following definitions apply: (a) “ASTM” means ASTM International, which was formerly known as the American Society for Testing and Materials. (b) (1) “ASTM standard specification” means one of the following: (A) The ASTM Standard Specification for Compostable Plastics D6400, as published in September 2004, except as provided in subdivision (c) of Section 42356.1. (B) The ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081, as published in August 2005, except as provided in subdivision (c) of Section 42356.1. (C) The ASTM Standard Specification for Biodegradable Plastics Used as Coatings on Paper and Other Compostable Substrates D6868, as published in August 2003, except as specified in subdivision (c) of Section 42356.1. (2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. (c) “Department” means the Department of Resources Recycling and Recovery. (d) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a plastic product. (e) “OK home compost” means conformity with the existing Vincotte certification “OK Compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the Vincotte program “OK 2-Home Compostability of Products.” (f) “Plastic product” means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following: (1) (A) A consumer product. (B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. (2) A package or a packaging component. (3) A bag, sack, wrap, or other thin plastic sheet film product. (4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. (g) “Supplier” means a person who does one or more of the following: (1) Sells, offers for sale, or offers for promotional purposes, a plastic product that is used. (2) Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. (h) “Vincotte certification” means a certification of a European norm (EN) standard adopted by the Belgian-accredited inspection and certification organization Vincotte. SEC. 2. Section 42357 of the Public Resources Code is amended to read: 42357. (a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356 42356, or the Vincotte OK Compost HOME certification, as provided in paragraph (4). (2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). (3) Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2. (4) (A) A plastic product shall not be labeled with the term “home compostable” unless the manufacturer of that plastic product holds a Vincotte OK Compost HOME certificate of conformity with regard to that product, except as provided in subparagraph (B) or (C). (B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term “home compostable” on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK Compost HOME certification, a plastic product labeled with the term “home compostable” shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. (C) If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term “home compostable” shall meet that standard and not the standard specified in subparagraph (A) or (B). (b) Except as provided in subdivision (a), (a) or (e), a person shall not sell a plastic product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment. (c) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (d) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. (e) (1) If ASTM adopts a standard for Work Item ASTM WK29802, New Specification for Aerobically Biodegradable Plastics in Soil Environment in the Temperate Zone, the director may adopt that ASTM standard specification. (2) A person may sell commercial agricultural mulch film labeled with the term “soil biodegradable” only if it meets an ASTM standard specification that the director has adopted pursuant to paragraph (1). (3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used as a technical tool in commercial farming applications. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 23103 of the Vehicle Code is amended to read: 23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. (d) (1) If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. (A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. (B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. (2) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. SEC. 2. Section 23109 of the Vehicle Code is amended to read: 23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest. (b) A person shall not aid or abet in any motor vehicle speed contest on any highway. (c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. (d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. (e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case. (2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. (5) This subdivision does not interfere with the court’s power to grant probation in a suitable case. (g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f). (h) (1) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. (A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. (B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. (2) If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522. (3) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. (i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction. (k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. (l) This section shall be known and may be cited as the Louis Friend Memorial Act. SEC. 3. Section 23109.2 of the Vehicle Code is amended to read: 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days. (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. (B) Reckless driving on a highway, as described in subdivision (a) of Section 23103. (C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103. (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. (b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: (A) If the vehicle is a stolen vehicle. (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. (C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a). (D) If the legal owner or registered owner of the vehicle is a rental car agency. (E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court. (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. (3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges. (d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. (e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. (2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges. (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle. (4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. (5) The vehicle may not be sold prior to the defendant’s conviction. (6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement. (f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law prohibits an individual from driving a vehicle upon a highway or in an offstreet parking facility in a reckless manner. Existing law authorizes a peace officer, upon determining that a person was engaged in any of these crimes, to impound the vehicle used for the offense for no more than 30 days. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days. This bill would require the vehicle used in the violation of the crimes above, if it is registered to the person convicted of engaging in a motor vehicle speed contest or reckless driving, to be impounded for 30 days, subject to specified exceptions. By imposing new requirements on local agencies, the bill would create a state-mandated local program. The bill would clarify that, upon finding a violation of any mechanical requirements, an officer to issue a notice to correct, and require the correction to be made within 30 days of release of the vehicle from impoundment. The bill would also require the vehicle to be released before the 30th day if the legal owner who is not the registered owner, holds a security interest in the vehicle, presents foreclosure documents or an affidavit of repossession, and meets other specified conditions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23103 of the Vehicle Code is amended to read: 23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than 5 days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. (d) (1) If a person is convicted of a violation of subdivision (a) or (b) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. (A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. (B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. (2) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. SEC. 2. Section 23109 of the Vehicle Code is amended to read: 23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but the vehicle does not exceed the speed limits, is not a speed contest. (b) A person shall not aid or abet in any motor vehicle speed contest on any highway. (c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway. (d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. (e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case. (2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. (5) This subdivision does not interfere with the court’s power to grant probation in a suitable case. (g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f). (h) (1) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle shall be impounded at the registered owner’s expense for 30 days. (A) The 30-day period shall be reduced by the number of days, if any, the vehicle was impounded pursuant to Section 23109.2. (B) If the court finds that the vehicle to be impounded is the only means of transportation for other members of the defendant’s family and impounding the vehicle will result in an undue hardship for the family, the court may decline to order the vehicle impounded. (2) If the impounded vehicle was found to be in violation of a mechanical requirement of this code, or the vehicle is inspected pursuant to Section 2806 and found in violation of this code, an officer may issue a notice to correct pursuant to Section 40303.5, and correction of the violation as set forth in Sections 40610 and 40611 shall be made within 30 days of the date the vehicle was released from impound. Upon correction, the violation issued pursuant to 40303.5 shall be dismissed pursuant to Section 40522. (3) A vehicle seized and impounded pursuant to paragraph (1) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (A) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (B) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (C) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. (i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction. (k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. (l) This section shall be known and may be cited as the Louis Friend Memorial Act. SEC. 3. Section 23109.2 of the Vehicle Code is amended to read: 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days. (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. (B) Reckless driving on a highway, as described in subdivision (a) of Section 23103. (C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103. (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. (b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: (A) If the vehicle is a stolen vehicle. (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. (C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a). (D) If the legal owner or registered owner of the vehicle is a rental car agency. (E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court. (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. (3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges. (d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. (e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. (2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges. (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle. (4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. (5) The vehicle may not be sold prior to the defendant’s conviction. (6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement. (f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (d) of Section 23103 or subdivision (h) of Section 23109. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill would amend the Vehicle Code to increase the maximum fine for reckless driving from $1000 to $1000 or $100

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a)According to the Employment Development Department, Labor Market Information Division, there were over 600,000 long-term unemployed in California in February of 2014, well above pre-Great Recession levels. (b)Counting people who are out of work and have stopped searching, California had the highest “U6” unemployment rate in the country, 15.8 percent, in late 2014. (c)The federal Supplemental Nutrition Assistance Program Employment and Training Program offers a dollar for dollar federal match of allowable expenses to fund employment training and post-employment support for CalFresh recipients for the purposes of increasing future earnings in order to reduce their dependence on CalFresh. SEC. 2. SECTION 1. Section 11327.10 is added to the Welfare and Institutions Code, to read: 11327.10. (a) When a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, pursuant to Section 11327.4, the recipient shall not be assigned a CalFresh penalty until the county has determined completed all of the following: (1) Determined that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, and the county has notified the recipient that the recipient is not eligible for an exemption, and has instructed exemption. (2) I nstructed the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. If (b) If the recipient complies with the requirements during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty shall be canceled and shall not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. If a county elects to administer a CalFresh E&T program pursuant to Section 18926.5, it shall screen these recipients pursuant to paragraph (b) of Section 18926.5 before placement into the program. Receipt (c) A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by another person in the recipient’s household does not impact the eligibility of a CalFresh recipient to participate in a CalFresh E&T program. SEC. 3. SEC. 2. Section 18901.65 is added to the Welfare and Institutions Code, to read: 18901.65. The department shall seek a federal waiver to allow county human services agencies to serve CalFresh E&T program recipients for up to five months, to match the length of service for transitional CalFresh benefits, established in Section 18901.6, with the post-employment services of the CalFresh E&T program, established in Section 18926.5, for a period of up to five months. 18901.6. SEC. 4. SEC. 3. Section 18901.12 is added to the Welfare and Institutions Code, to read: 18901.12. The state shall include the CalFresh E&T program in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. SEC. 5. SEC. 4. Section 18901.13 is added to the Welfare and Institutions Code, to read: 18901.13. (a) The department shall, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and post-secondary postsecondary education and vocational training programs at California Community Colleges, annually issue guidance through all-county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T program, and support any county seeking approval by the United States Department of Agriculture to include a community college component in its approved CalFresh E&T program plan. program. (b) The guidance provided for in this section may be issued with other employment and training guidance not specific to community colleges and shall include: (1) A list of approved sources of description of requirements for a state share match for that is specific to community college CalFresh E&T programs. (2) A list of education courses that would be approved known by the department to qualify under Section 4007 of the Agricultural Act of 2014 (7 U.S.C. Sec. 2015(e)(3)(B)), which are either: (A) Part of a program of career and technical education, as defined in the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. Sec. 2302) that may be completed within four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. Sec. 1002). (B) Limited to remedial courses, basic adult education, literacy, or English as a second language. (3) The additional outcomes that are required to be reported beyond those required by subdivision (c) of Section 18926.5, when a county’s CalFresh E&T program includes a community college component. (4) The process for verifying that a student is eligible to participate in the CalFresh E&T program at a community college. A student is eligible to be assigned to participate in the program by the county human services agency or designee of the agency only as a volunteer, not as a mandatory participant. A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by other people in his or her household shall not impact his or her eligibility for the CalFresh E&T program. (c) Nothing in this section requires a county to offer a particular component as a part of its CalFresh E&T plan or restricts the use of federal funds for the financing of CalFresh E&T programs. SEC. 6. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, under which nutrition assistance benefits, formerly referred to as food stamps, are allocated to each state by the federal government. That program, as administered in California, is known as CalFresh. Under existing state law, pursuant to CalFresh, California’s federal allocation is distributed to eligible individuals by each county. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits. Existing law authorizes counties to participate in the CalFresh Employment and Training (CalFresh E&T) program, established with the purpose of assisting members of CalFresh households to obtain regular employment, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be exempt from, the CalFresh E&T program. The bill would require the State Department of Social Services to request a waiver from the federal government to allow county human services agencies to serve CalFresh E&T recipients for up to 5 months, to match the length of services of transitional CalFresh benefits with the post-employment services of the CalFresh E&T program, for a period of up to 5 months . By imposing additional duties on local agencies, this bill would impose a state-mandated local program. This bill would require the department, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and post-secondary postsecondary education and vocational training programs at California community colleges, annually issue guidance through all county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T program, as specified. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the allocation of federal funds received through the TANF program, under which each county provides cash assistance and other benefits to qualified low-income families. Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, the individual is subject to prescribed financial sanctions. This bill would provide that when a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, the recipient shall not be assigned a CalFresh penalty until the county has determined that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, the county has notified the recipient that the recipient is not eligible for an exemption, and has instructed the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. The bill would also require that if the CalFresh recipient complies with the requirement during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty would be canceled and would not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the CalFresh E&T program to be included in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. The bill would state findings and declarations by the Legislature relative to unemployment rates and CalFresh recipients. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a)According to the Employment Development Department, Labor Market Information Division, there were over 600,000 long-term unemployed in California in February of 2014, well above pre-Great Recession levels. (b)Counting people who are out of work and have stopped searching, California had the highest “U6” unemployment rate in the country, 15.8 percent, in late 2014. (c)The federal Supplemental Nutrition Assistance Program Employment and Training Program offers a dollar for dollar federal match of allowable expenses to fund employment training and post-employment support for CalFresh recipients for the purposes of increasing future earnings in order to reduce their dependence on CalFresh. SEC. 2. SECTION 1. Section 11327.10 is added to the Welfare and Institutions Code, to read: 11327.10. (a) When a CalWORKs recipient has been sanctioned due to noncompliance with his or her welfare-to-work plan, pursuant to Section 11327.4, the recipient shall not be assigned a CalFresh penalty until the county has determined completed all of the following: (1) Determined that the individual does not qualify for an exemption to the CalFresh work requirement and has not registered for work, and the county has notified the recipient that the recipient is not eligible for an exemption, and has instructed exemption. (2) I nstructed the recipient about how to comply with the requirements or verify an exemption to the CalFresh work requirements. If (b) If the recipient complies with the requirements during the notice of adverse action period and has registered for work with the Employment Development Department, the proposed penalty shall be canceled and shall not count as an occurrence for the purposes of determining the length of future CalFresh disqualification periods. If a county elects to administer a CalFresh E&T program pursuant to Section 18926.5, it shall screen these recipients pursuant to paragraph (b) of Section 18926.5 before placement into the program. Receipt (c) A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by another person in the recipient’s household does not impact the eligibility of a CalFresh recipient to participate in a CalFresh E&T program. SEC. 3. SEC. 2. Section 18901.65 is added to the Welfare and Institutions Code, to read: 18901.65. The department shall seek a federal waiver to allow county human services agencies to serve CalFresh E&T program recipients for up to five months, to match the length of service for transitional CalFresh benefits, established in Section 18901.6, with the post-employment services of the CalFresh E&T program, established in Section 18926.5, for a period of up to five months. 18901.6. SEC. 4. SEC. 3. Section 18901.12 is added to the Welfare and Institutions Code, to read: 18901.12. The state shall include the CalFresh E&T program in the state’s Workforce Investment and Opportunity Act state plan in order to improve coordination between established workforce training programs. SEC. 5. SEC. 4. Section 18901.13 is added to the Welfare and Institutions Code, to read: 18901.13. (a) The department shall, in order to improve employment opportunities and increase wages of CalFresh recipients by increasing access to adult and post-secondary postsecondary education and vocational training programs at California Community Colleges, annually issue guidance through all-county letters for county human services agencies wishing to partner with a community college in the administration of its CalFresh E&T program, and support any county seeking approval by the United States Department of Agriculture to include a community college component in its approved CalFresh E&T program plan. program. (b) The guidance provided for in this section may be issued with other employment and training guidance not specific to community colleges and shall include: (1) A list of approved sources of description of requirements for a state share match for that is specific to community college CalFresh E&T programs. (2) A list of education courses that would be approved known by the department to qualify under Section 4007 of the Agricultural Act of 2014 (7 U.S.C. Sec. 2015(e)(3)(B)), which are either: (A) Part of a program of career and technical education, as defined in the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. Sec. 2302) that may be completed within four years at an institution of higher education, as defined in Section 102 of the Higher Education Act of 1965 (20 U.S.C. Sec. 1002). (B) Limited to remedial courses, basic adult education, literacy, or English as a second language. (3) The additional outcomes that are required to be reported beyond those required by subdivision (c) of Section 18926.5, when a county’s CalFresh E&T program includes a community college component. (4) The process for verifying that a student is eligible to participate in the CalFresh E&T program at a community college. A student is eligible to be assigned to participate in the program by the county human services agency or designee of the agency only as a volunteer, not as a mandatory participant. A CalFresh recipient also receiving CalWORKs cash aid or CalWORKs postemployment services is ineligible to participate in the CalFresh E&T program, but the receipt of CalWORKs cash aid by other people in his or her household shall not impact his or her eligibility for the CalFresh E&T program. (c) Nothing in this section requires a county to offer a particular component as a part of its CalFresh E&T plan or restricts the use of federal funds for the financing of CalFresh E&T programs. SEC. 6. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill would require the Department of Social Services to seek a federal waiver to allow county human services agencies to serve CalFresh Employment and Training (CalFresh E&

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Legislature has previously provided funding for replacement of polluting and aged schoolbuses in small and disadvantaged communities. (b) Schoolbus replacement programs currently exist in the Bay Area and the Los Angeles Basin. For example, the Lower-Emission School Bus Program is a partnership between the State Air Resources Board and air districts, and is administered by the Bay Area Air Quality Management District in the Bay Area. The goals of that program are to reduce the exposure of schoolchildren to harmful emissions of particulate matter, oxides of nitrogen, and nonmethane hydrocarbons, which contribute to summertime smog. (c) Air districts currently evaluate qualified projects in disproportionately impacted communities, according to regional poverty level, particulate matter exposure, toxic exposure, and disproportionate impact mapping that works to promote schoolbus replacement in densely populated areas. (d) It is also necessary to provide funding for schoolbus replacement in less populated areas with disadvantaged communities. SEC. 2. Section 39719.4 is added to the Health and Safety Code, to read: 39719.4. (a) The Schoolbus Replacement for Small and Disadvantaged Communities Grant Program is hereby created, to be administered by the State Department of Education in conjunction with the state board. Commencing in the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) annually is hereby appropriated from the fund to the department to fund the purchase of new schoolbuses to replace existing schoolbuses by applicants eligible under this section. Funds made available under the program shall be used to reduce greenhouse gas emissions in the state in accordance with Section 39712. (b) (1) A school district or county office of education with an average daily attendance of less than 2,501, with more than 50 percent of the pupil population qualifying for free or reduced-price lunch programs, shall be eligible to apply to the department for a grant under this section. (2) A school district or county office of education meeting the requirements of paragraph (1) and providing pupil transportation services through a cooperative, consortium, or joint powers agreement, shall be an eligible applicant under the program. (3) The Division of State Special Schools of the State Department of Education shall also be an eligible applicant under the program. (c) The State Department of Education shall develop priority categories for funds available under this section based solely on vehicle age and accumulated mileage. An eligible applicant shall submit, as evidence of the condition of the vehicle to be replaced, the most recent inspection report of the Department of the California Highway Patrol, a repair estimate made by an independent repair shop, and any other information requested by the department. (d) The State Department of Education shall estimate the cost of a replacement schoolbus of the same capacity as the schoolbus being replaced. Program funds made available to an applicant for a schoolbus may not exceed that estimated cost. However, an applicant may use other funds available to the applicant to purchase a schoolbus that is more expensive than the model used by the department to make its cost estimate. (e) A schoolbus purchased with funds made available by this section shall meet the requirements of federal Motor Vehicle Safety Standard 222. (f) (1) A schoolbus that has been disposed of is not eligible for replacement under the program. (2) For an eligible applicant with fewer than three schoolbuses, a schoolbus shall be considered disposed of for the purposes of replacement if it is designated as a temporary schoolbus. A temporary schoolbus is a schoolbus that has annual mileage of no more than 10 percent of the total average annual mileage of all nontemporary schoolbuses of that applicant measured over the prior five years. (3) After a schoolbus is designated as a temporary schoolbus, it may only be used as a schoolbus if it is in compliance with all applicable provisions of the Vehicle Code and associated regulations. (g) Schoolbus purchases with funds made available under the program shall be made by the Department of General Services, to the extent practicable. The title to a schoolbus purchased by the Department of General Services shall be in the name of the applicant for which the schoolbus was purchased. (h) Funds shall be made available for schoolbuses used in special education in a proportion to total funding not less than the proportion of special education schoolbuses to the total number of schoolbuses in the state, as determined by the State Department of Education. The department may adopt regulations to implement this section in an equitable manner. SECTION 1. Section 9552 of the Vehicle Code is amended to read: 9552. (a)When a vehicle is operated on a highway of this state without the fees first having been paid as required by this code, and those fees have not been paid within 30 days of its first operation, those fees are delinquent, except as provided in subdivision (b). (b)Fees are delinquent when an application for renewal of registration, or an application for renewal of special license plates, is made after midnight of the expiration date of the registration or special plates, or 60 days after the date the registered owner is notified by the department pursuant to Section 1661, whichever is later. (c)When a person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this code within 10 days, the fee is delinquent. (d)When a person becomes an automobile dismantler, dealer, manufacturer, manufacturer branch, distributor, distributor branch, or transporter without first having paid the license and special plate fees as required by this code, the fees are delinquent.

Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, commonly known as cap and trade revenues, to be deposited in the Greenhouse Gas Reduction Fund and to be used, upon appropriation by the Legislature, for specified purposes. Existing law provides various programs to fund the acquisition of schoolbuses. This bill would create the Schoolbus Replacement for Small and Disadvantaged Communities Grant Program, and would appropriate $5 million annually from the Greenhouse Gas Reduction Fund to the State Department of Education for the program. The program would be administered by the department in conjunction with the State Air Resources Board, and would provide schoolbus replacement grants to school districts or county offices of education with an average daily attendance of less than 2,501 and with more than 50% of the pupil population qualifying for free or reduced-rate lunch programs, and to certain other eligible applicants. The bill would impose various requirements in that regard. The bill would also make legislative findings and declarations. Under existing law, fees required by the Vehicle Code are delinquent when a vehicle is operated on a highway without those fees first having been paid and when those fees have not been paid within 20 days of the vehicle’s first operation, subject to specified exceptions. This bill would increase that amount of time to 30 days.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Legislature has previously provided funding for replacement of polluting and aged schoolbuses in small and disadvantaged communities. (b) Schoolbus replacement programs currently exist in the Bay Area and the Los Angeles Basin. For example, the Lower-Emission School Bus Program is a partnership between the State Air Resources Board and air districts, and is administered by the Bay Area Air Quality Management District in the Bay Area. The goals of that program are to reduce the exposure of schoolchildren to harmful emissions of particulate matter, oxides of nitrogen, and nonmethane hydrocarbons, which contribute to summertime smog. (c) Air districts currently evaluate qualified projects in disproportionately impacted communities, according to regional poverty level, particulate matter exposure, toxic exposure, and disproportionate impact mapping that works to promote schoolbus replacement in densely populated areas. (d) It is also necessary to provide funding for schoolbus replacement in less populated areas with disadvantaged communities. SEC. 2. Section 39719.4 is added to the Health and Safety Code, to read: 39719.4. (a) The Schoolbus Replacement for Small and Disadvantaged Communities Grant Program is hereby created, to be administered by the State Department of Education in conjunction with the state board. Commencing in the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) annually is hereby appropriated from the fund to the department to fund the purchase of new schoolbuses to replace existing schoolbuses by applicants eligible under this section. Funds made available under the program shall be used to reduce greenhouse gas emissions in the state in accordance with Section 39712. (b) (1) A school district or county office of education with an average daily attendance of less than 2,501, with more than 50 percent of the pupil population qualifying for free or reduced-price lunch programs, shall be eligible to apply to the department for a grant under this section. (2) A school district or county office of education meeting the requirements of paragraph (1) and providing pupil transportation services through a cooperative, consortium, or joint powers agreement, shall be an eligible applicant under the program. (3) The Division of State Special Schools of the State Department of Education shall also be an eligible applicant under the program. (c) The State Department of Education shall develop priority categories for funds available under this section based solely on vehicle age and accumulated mileage. An eligible applicant shall submit, as evidence of the condition of the vehicle to be replaced, the most recent inspection report of the Department of the California Highway Patrol, a repair estimate made by an independent repair shop, and any other information requested by the department. (d) The State Department of Education shall estimate the cost of a replacement schoolbus of the same capacity as the schoolbus being replaced. Program funds made available to an applicant for a schoolbus may not exceed that estimated cost. However, an applicant may use other funds available to the applicant to purchase a schoolbus that is more expensive than the model used by the department to make its cost estimate. (e) A schoolbus purchased with funds made available by this section shall meet the requirements of federal Motor Vehicle Safety Standard 222. (f) (1) A schoolbus that has been disposed of is not eligible for replacement under the program. (2) For an eligible applicant with fewer than three schoolbuses, a schoolbus shall be considered disposed of for the purposes of replacement if it is designated as a temporary schoolbus. A temporary schoolbus is a schoolbus that has annual mileage of no more than 10 percent of the total average annual mileage of all nontemporary schoolbuses of that applicant measured over the prior five years. (3) After a schoolbus is designated as a temporary schoolbus, it may only be used as a schoolbus if it is in compliance with all applicable provisions of the Vehicle Code and associated regulations. (g) Schoolbus purchases with funds made available under the program shall be made by the Department of General Services, to the extent practicable. The title to a schoolbus purchased by the Department of General Services shall be in the name of the applicant for which the schoolbus was purchased. (h) Funds shall be made available for schoolbuses used in special education in a proportion to total funding not less than the proportion of special education schoolbuses to the total number of schoolbuses in the state, as determined by the State Department of Education. The department may adopt regulations to implement this section in an equitable manner. SECTION 1. Section 9552 of the Vehicle Code is amended to read: 9552. (a)When a vehicle is operated on a highway of this state without the fees first having been paid as required by this code, and those fees have not been paid within 30 days of its first operation, those fees are delinquent, except as provided in subdivision (b). (b)Fees are delinquent when an application for renewal of registration, or an application for renewal of special license plates, is made after midnight of the expiration date of the registration or special plates, or 60 days after the date the registered owner is notified by the department pursuant to Section 1661, whichever is later. (c)When a person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this code within 10 days, the fee is delinquent. (d)When a person becomes an automobile dismantler, dealer, manufacturer, manufacturer branch, distributor, distributor branch, or transporter without first having paid the license and special plate fees as required by this code, the fees are delinquent. ### Summary: This bill would amend the Vehicle Code to require the Department of Motor Vehicles to prorate the registration fee for a vehicle that is sold to a transferee. The

The people of the State of California do enact as follows: SECTION 1. Section 3701 of the Business and Professions Code is amended to read: 3701. (a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care. (b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services. (c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed. SEC. 2. Section 3702 of the Business and Professions Code is amended to read: 3702. (a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following: (1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. (2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon. (3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures. (4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions. (5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care. (b) As used in this section, the following apply: (1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. (2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners. SEC. 3. Section 3702.7 of the Business and Professions Code is amended to read: 3702.7. The respiratory care practice is further defined and includes, but is not limited to, the following: (a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support. (b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure. (c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R). (d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances. (e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law, the Respiratory Care Practice Act, provides for the licensure and regulation of the practice of respiratory therapy by the Respiratory Care Board of California. A violation of the act is a crime. Existing law declares it is the intent of the Legislature to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems, as specified. Existing law also states that nothing in the act shall be construed to authorize a respiratory care practitioner to practice medicine, surgery, or any other form of healing, except as authorized by the act. This bill, for intent purposes, would define “overlapping functions” to include providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided certain requirements are met. Under existing law, respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes, among other things, direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. Existing law provides for the registration and regulation of certified polysomnographic technologists by the Medical Board of California. Under existing law governing polysomnographic technologists, the practice of polysomnography is defined to include the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Existing law governing polysomnographic technologists exempts from those provisions, among others, respiratory care practitioners working within the scope of practice of their license. This bill would provide that associated aspects of cardiopulmonary and other systems functions includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. The bill would further define the respiratory care practice to include, among other things, the administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under specified supervision and direct orders, all forms of specified life support, and the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. By changing the definition of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3701 of the Business and Professions Code is amended to read: 3701. (a) The Legislature finds and declares that the practice of respiratory care in California affects the public health, safety, and welfare and is to be subject to regulation and control in the public interest to protect the public from the unauthorized and unqualified practice of respiratory care and from unprofessional conduct by persons licensed to practice respiratory care. The Legislature also recognizes the practice of respiratory care to be a dynamic and changing art and science, the practice of which is continually evolving to include newer ideas and more sophisticated techniques in patient care. (b) It is the intent of the Legislature in this chapter to provide clear legal authority for functions and procedures which have common acceptance and usage. It is the intent also to recognize the existence of overlapping functions between physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care personnel, and to permit additional sharing of functions within organized health care systems. The organized health care systems include, but are not limited to, health facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, clinics, home health agencies, physicians’ offices, and public or community health services. (c) For purposes of this section, it is the intent of the Legislature that “overlapping functions” includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions provided (1) a health care facility has authorized the respiratory care practitioner to provide these services and (2) the respiratory care practitioner has maintained current competencies in the services provided, as needed. SEC. 2. Section 3702 of the Business and Professions Code is amended to read: 3702. (a) Respiratory care as a practice means a health care profession employed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions, and includes all of the following: (1) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient. (2) Direct and indirect respiratory care services, including, but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician and surgeon. (3) Observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing and (A) determination of whether such signs, symptoms, reactions, behavior, or general response exhibits abnormal characteristics; (B) implementation based on observed abnormalities of appropriate reporting or referral or respiratory care protocols, or changes in treatment regimen, pursuant to a prescription by a physician and surgeon or the initiation of emergency procedures. (4) The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician and surgeon: administration of medical gases, exclusive of general anesthesia; aerosols; humidification; environmental control systems and baromedical therapy; pharmacologic agents related to respiratory care procedures; mechanical or physiological ventilatory support; bronchopulmonary hygiene; cardiopulmonary resuscitation; maintenance of the natural airways; insertion without cutting tissues and maintenance of artificial airways; diagnostic and testing techniques required for implementation of respiratory care protocols; collection of specimens of blood; collection of specimens from the respiratory tract; analysis of blood gases and respiratory secretions. (5) The transcription and implementation of the written and verbal orders of a physician and surgeon pertaining to the practice of respiratory care. (b) As used in this section, the following apply: (1) “Associated aspects of cardiopulmonary and other systems functions” includes patients with deficiencies and abnormalities affecting the heart and cardiovascular system. (2) “Respiratory care protocols” means policies and protocols developed by a licensed health facility through collaboration, when appropriate, with administrators, physicians and surgeons, registered nurses, physical therapists, respiratory care practitioners, and other licensed health care practitioners. SEC. 3. Section 3702.7 of the Business and Professions Code is amended to read: 3702.7. The respiratory care practice is further defined and includes, but is not limited to, the following: (a) Mechanical or physiological ventilatory support as used in paragraph (4) of subdivision (a) of Section 3702 includes, but is not limited to, any system, procedure, machine, catheter, equipment, or other device used in whole or in part, to provide ventilatory or oxygenating support. (b) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure. (c) All forms of extracorporeal life support, including, but not limited to, extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R). (d) Educating students, health care professionals, or consumers about respiratory care, including, but not limited to, education of respiratory core courses or clinical instruction provided as part of a respiratory educational program and educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances. (e) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders as provided in Chapter 7.8 (commencing with Section 3575). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 19006 of the Revenue and Taxation Code is amended to read: 19006. (a) The spouse who controls the disposition of or who receives or spends community income as well as the spouse who is taxable on the income is liable for the payment of the taxes imposed by Part 10 (commencing with Section 17001) on that income. (b) (1) Whenever a joint return is filed by a husband and wife, the liability for the tax on the aggregate income is joint and several. (2) The amount of liability on a joint return may not be reduced, but a court in a proceeding for dissolution of the marriage may determine the individual responsible for all or part of the liability, provided the order revising tax liability on the joint return: (A) Must separately state the income tax liabilities for the taxable years for which revision of tax liability is granted. (B) Shall not revise a tax liability that has been fully paid prior to the effective date of the order; however, any unpaid amount may be revised. (C) Shall become effective when the Franchise Tax Board is served with or acknowledges receipt of the order. (D) (i) Shall not be effective if the gross income reportable on the return exceeds two hundred thousand dollars ($200,000) or the amount of tax liability the spouse is relieved of exceeds ten thousand dollars ($10,000), unless a tax revision clearance certificate is obtained from the Franchise Tax Board and filed with the court. (ii) Beginning on January 1, 2018, and annually thereafter, the amounts specified in clause (i) shall be recomputed in accordance with subparagraph (B) of paragraph (3) of subdivision (b) of Section 19442, modified by substituting “January 1, 2018” for “January 1, 2004.” (E) Shall not be effective to relieve a spouse of the tax liability on income earned by or subject to the exclusive management and control of that spouse if either of the following applies: (i) Assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals. (ii) That liability is uncollectible and, within three years of the date the court order is effective pursuant to subparagraph (C), either of the following also applies: (I) The spouse obligated to pay that liability pursuant to the court order files for bankruptcy and that liability is discharged in bankruptcy. (II) The spouse obligated to pay that liability pursuant to the court order becomes a nonresident. (c) Notwithstanding subdivision (a) or paragraph (1) of subdivision (b), whenever a joint return is filed by a husband and wife and the tax liability is not fully paid, that liability, including interest and penalties, may be revised by the Franchise Tax Board as to one spouse. (1) However, the liability shall not be revised: (A) To relieve a spouse of tax liability on income earned by or subject to the exclusive management and control of the spouse. The liability of the spouse for the tax, penalties, and interest due for the taxable year shall be in the same ratio to total tax, penalties, and interest due for the taxable year as the income earned by or subject to the management and control of the spouse is to total gross income reportable on the return. (B) To relieve a spouse of liability below the amount actually paid on the liability prior to the granting of relief, including credit from any other taxable year available for application to the liability. (2) The liability may be revised only if the spouse whose liability is to be revised establishes that he or she did not know of, and had no reason to know of, the nonpayment at the time the return was filed. For purposes of this paragraph, “reason to know” means whether or not a reasonably prudent person would have had reason to know of the nonpayment. (3) The determination of the Franchise Tax Board as to whether the liability is to be revised as to one spouse shall be made not less than 30 days after notification of the other spouse and shall be based upon whether, under all of the facts and circumstances surrounding the nonpayment, it would be inequitable to hold the spouse requesting revision liable for the nonpayment. Any action taken under this section shall be treated as though it were action on a protest taken under Section 19044 and shall become final upon the expiration of 30 days from the date that notice of the action is mailed to both spouses, unless, within that 30-day period, one or both spouses appeal the determination to the board as provided in Section 19045. (4) This subdivision shall apply to all taxable years subject to the provisions of this part, but shall not apply to any taxable year which has been closed by a statute of limitations, res judicata, or otherwise. (d) For purposes of this section, the determination of the spouse to whom items of gross income are attributable shall be made without regard to community property laws. (e) The amendments made to this section by the act adding this subdivision shall apply to court orders served or acknowledged on or after the effective date of that act.

Existing law generally provides that the spouse or partner who controls the disposition of or who receives or spends community income, as well as the spouse who is taxable on the income, is liable for the payment of the taxes imposed by the Personal Income Tax Law on that income, and that whenever a joint income tax return is filed by spouses or registered domestic partners the liability for the tax is joint and several. Existing law allows, under specified conditions, a court in a proceeding for dissolution of marriage to revise the income tax liabilities on a joint return of spouses or registered domestic partners, but prohibits revisions to relieve a spouse or domestic partner of tax liability on income earned by or subject to the exclusive management and control of the spouse or domestic partner. Existing law also provides that the order revising tax liability is not effective if the gross income reportable on the return exceeds $150,000 or the amount of the tax liability the spouse is relieved of exceeds $7,500, except as specified. This bill would instead provide that an order revising tax liability may relieve a spouse or domestic partner of tax liability on income earned by or subject to the exclusive management and control of that spouse or domestic partner, except if assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals or that liability is uncollectible or if, within 3 years of when the court order is effective, specified conditions apply. This bill would also instead provide that the order revising tax liability is not effective if the gross income reportable on the return exceeds $200,000 or the amount of the tax liability the spouse is relieved of exceeds $10,000, except as specified, and would require those amounts to be recomputed annually beginning on January 1, 2018, as specified. The bill would apply to court orders served or acknowledged on or after the effective date of this bill.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 19006 of the Revenue and Taxation Code is amended to read: 19006. (a) The spouse who controls the disposition of or who receives or spends community income as well as the spouse who is taxable on the income is liable for the payment of the taxes imposed by Part 10 (commencing with Section 17001) on that income. (b) (1) Whenever a joint return is filed by a husband and wife, the liability for the tax on the aggregate income is joint and several. (2) The amount of liability on a joint return may not be reduced, but a court in a proceeding for dissolution of the marriage may determine the individual responsible for all or part of the liability, provided the order revising tax liability on the joint return: (A) Must separately state the income tax liabilities for the taxable years for which revision of tax liability is granted. (B) Shall not revise a tax liability that has been fully paid prior to the effective date of the order; however, any unpaid amount may be revised. (C) Shall become effective when the Franchise Tax Board is served with or acknowledges receipt of the order. (D) (i) Shall not be effective if the gross income reportable on the return exceeds two hundred thousand dollars ($200,000) or the amount of tax liability the spouse is relieved of exceeds ten thousand dollars ($10,000), unless a tax revision clearance certificate is obtained from the Franchise Tax Board and filed with the court. (ii) Beginning on January 1, 2018, and annually thereafter, the amounts specified in clause (i) shall be recomputed in accordance with subparagraph (B) of paragraph (3) of subdivision (b) of Section 19442, modified by substituting “January 1, 2018” for “January 1, 2004.” (E) Shall not be effective to relieve a spouse of the tax liability on income earned by or subject to the exclusive management and control of that spouse if either of the following applies: (i) Assets or liabilities are transferred between the individuals filing the joint return for the principal purpose of avoidance of the payment of tax or as part of a fraudulent scheme by those individuals. (ii) That liability is uncollectible and, within three years of the date the court order is effective pursuant to subparagraph (C), either of the following also applies: (I) The spouse obligated to pay that liability pursuant to the court order files for bankruptcy and that liability is discharged in bankruptcy. (II) The spouse obligated to pay that liability pursuant to the court order becomes a nonresident. (c) Notwithstanding subdivision (a) or paragraph (1) of subdivision (b), whenever a joint return is filed by a husband and wife and the tax liability is not fully paid, that liability, including interest and penalties, may be revised by the Franchise Tax Board as to one spouse. (1) However, the liability shall not be revised: (A) To relieve a spouse of tax liability on income earned by or subject to the exclusive management and control of the spouse. The liability of the spouse for the tax, penalties, and interest due for the taxable year shall be in the same ratio to total tax, penalties, and interest due for the taxable year as the income earned by or subject to the management and control of the spouse is to total gross income reportable on the return. (B) To relieve a spouse of liability below the amount actually paid on the liability prior to the granting of relief, including credit from any other taxable year available for application to the liability. (2) The liability may be revised only if the spouse whose liability is to be revised establishes that he or she did not know of, and had no reason to know of, the nonpayment at the time the return was filed. For purposes of this paragraph, “reason to know” means whether or not a reasonably prudent person would have had reason to know of the nonpayment. (3) The determination of the Franchise Tax Board as to whether the liability is to be revised as to one spouse shall be made not less than 30 days after notification of the other spouse and shall be based upon whether, under all of the facts and circumstances surrounding the nonpayment, it would be inequitable to hold the spouse requesting revision liable for the nonpayment. Any action taken under this section shall be treated as though it were action on a protest taken under Section 19044 and shall become final upon the expiration of 30 days from the date that notice of the action is mailed to both spouses, unless, within that 30-day period, one or both spouses appeal the determination to the board as provided in Section 19045. (4) This subdivision shall apply to all taxable years subject to the provisions of this part, but shall not apply to any taxable year which has been closed by a statute of limitations, res judicata, or otherwise. (d) For purposes of this section, the determination of the spouse to whom items of gross income are attributable shall be made without regard to community property laws. (e) The amendments made to this section by the act adding this subdivision shall apply to court orders served or acknowledged on or after the effective date of that act. ### Summary: This text is a bill that would amend the Revenue and Taxation Code to allow for the revision of tax liability on a joint return. ### Instruction: Summary

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. (b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. (c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. (d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. SEC. 2. Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: Article 10. The Learning Communities for School Success Program 33430. The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. 33431. (a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: (1) Information about the pupil and school needs within the local educational agency. (2) The activities the local educational agency will undertake with the grant funding. (3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. (4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. (b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. (c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: (1) Pupil and school needs the local educational agency will address with the grant funds. (2) Number of pupils to be served with the grant funds. (3) Number, size, and type of participating schools within the local educational agency. (4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. (5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. (d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. (2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. (e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. (f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. 33432. (a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: (1) Establishing a community school, as defined in Section 33435. (2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: (1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. (B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. (2) Is located in a community with a high crime rate. (3) Has a significant representation of foster youth among its pupil enrollment. (c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. (d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. (e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. 33433. (a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. (b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. 33434. (a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. 33435. For purposes of this article, the following definitions apply: (a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. (b) “Local educational agency” means a school district, county office of education, or charter school. 33436. This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. SEC. 3. Sections 1 and 2 of this act shall become operative only if Assembly Bill 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, among other things, established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. The act provides that, among other purposes, 25% of the funds shall be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils by reducing truancy and supporting pupils who are at risk of dropping out of school or are victims of crime. This bill would establish the Learning Communities for School Success Program for the purpose of implementing that grant program, subject to an appropriation to the Safe Neighborhoods and Schools Fund in the annual Budget Act or another statute for the purposes of the bill. The bill would specify the administrative duties and responsibilities of the department with respect to the program, including administering grants and coordinating assistance to local educational agencies, as defined. The bill would set forth criteria to guide the department in awarding grants under the program, and would specify the purposes for which grant funds may be used. The bill would require the department to submit a final evaluation of the program to the Legislature on or before January 31, 2020. These provisions would become operative only if AB 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. (b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. (c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. (d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. SEC. 2. Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: Article 10. The Learning Communities for School Success Program 33430. The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. 33431. (a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: (1) Information about the pupil and school needs within the local educational agency. (2) The activities the local educational agency will undertake with the grant funding. (3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. (4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. (b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. (c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: (1) Pupil and school needs the local educational agency will address with the grant funds. (2) Number of pupils to be served with the grant funds. (3) Number, size, and type of participating schools within the local educational agency. (4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. (5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. (d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. (2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. (e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. (f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. 33432. (a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: (1) Establishing a community school, as defined in Section 33435. (2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: (1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. (B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. (2) Is located in a community with a high crime rate. (3) Has a significant representation of foster youth among its pupil enrollment. (c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. (d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. (e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. 33433. (a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. (b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. 33434. (a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. 33435. For purposes of this article, the following definitions apply: (a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. (b) “Local educational agency” means a school district, county office of education, or charter school. 33436. This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. SEC. 3. Sections 1 and 2 of this act shall become operative only if Assembly Bill 1014 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017. ### Summary: This bill would enact the Learning Communities for School Success Program, which would authorize the State Department of Education to administer grants to local educational agencies to support the local educational

The people of the State of California do enact as follows: SECTION 1. Section 467.5 of the Vehicle Code is amended to read: 467.5. “Pedicab” means any of the following: (a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. (b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. (c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. SEC. 2. Article 4.5 (commencing with Section 21215) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: Article 4.5. Operation of Pedicabs 21215. (a) A pedicab defined in subdivision (c) of Section 467.5 shall operate subject to all of the following requirements: (1) The pedicab shall have a seating capacity for not more than 15 passengers. (2) The pedicab shall be authorized by local ordinance or resolution to operate within the applicable local jurisdiction. (3) The operator of the pedicab shall be at least 21 years of age, with a valid California driver’s license. (4) The pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. The pedicab shall be inspected annually for compliance with the requirements of this paragraph by an entity designated by the local jurisdiction that authorized the pedicab to operate. The entity may charge a reasonable fee to cover the costs of the inspection. A pedicab that does not meet these requirements shall meet these requirements by January 1, 2017, in order to continue operation. (5) The operator of the pedicab shall at all times be able to establish financial responsibility in a minimum amount of one million dollars ($1,000,000) general liability insurance coverage and an additional five hundred thousand dollars ($500,000) general umbrella insurance that covers the pedicab. The local jurisdiction that authorized the pedicab to operate may require additional proof of financial responsibility. (6) A pedicab shall not operate on any highway under the jurisdiction of the local authority unless authorized by resolution or ordinance. A pedicab shall not operate on any freeway and shall not operate on any highway with a posted speed limit in excess of 30 miles per hour, except to cross the highway at an intersection. (7) The operator of the pedicab shall annually report to the Department of the California Highway Patrol, commencing on January 1, 2016, any accidents caused or experienced by the pedicabs. (8) The pedicab shall not load or unload passengers on roadways or in the middle of highways. (9) Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn. (b) This article only applies to pedicabs defined by subdivision (c) of Section 467.5, and does not apply to pedicabs defined in subdivision (a) or (b) of Section 467.5. 21215.2. (a) If alcoholic beverages are consumed on board the pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall additionally operate subject to all of the following requirements: (1) The consumption of alcoholic beverages onboard the pedicab shall be authorized by local ordinance or resolution. (2) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 during the operation of the pedicab. (3) Both the operator and safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. (4) Alcoholic beverages shall not be provided by the operator or onboard safety monitor or any employee or agent of the operator or onboard safety monitor of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab. (5) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab. (6) All passengers shall be 21 years of age or older if alcohol is consumed during the operation of the pedicab. (7) For purposes of this subdivision, passengers who are pedaling the device are not operators. (b) A license or permit from the Department of Alcoholic Beverage Control shall not be required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. (c) For purposes of this section, “alcoholic beverage” has the same meaning as defined in Section 23004 of the Business and Professions Code. (d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 21215.5. This article does not preclude a local authority from imposing more stringent operating or equipment requirements on a pedicab subject to this article. SEC. 3. Section 23229 of the Vehicle Code is amended to read: 23229. (a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including a prohibition against operating a bicycle while under the influence of an alcoholic beverage or any drug. These provisions also apply to a pedicab, as defined. A violation of the provisions regulating the operation of a bicycle or pedicab is an offense. This bill would expand the definition of a pedicab to include a 4-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for 8 or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire, as prescribed. The bill would impose specified requirements on these pedicabs defined by the bill, relating to, among other things, a maximum seating capacity for 15 passengers, local authorization to operate, operator qualifications and training, safety equipment, inspections, financial responsibility, reporting of accidents to the Department of the California Highway Patrol, the loading and unloading of passengers, and general operation of pedicabs. The bill would, until January 1, 2020, establish requirements for pedicabs that allow passenger alcohol consumption. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 467.5 of the Vehicle Code is amended to read: 467.5. “Pedicab” means any of the following: (a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. (b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. (c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. SEC. 2. Article 4.5 (commencing with Section 21215) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: Article 4.5. Operation of Pedicabs 21215. (a) A pedicab defined in subdivision (c) of Section 467.5 shall operate subject to all of the following requirements: (1) The pedicab shall have a seating capacity for not more than 15 passengers. (2) The pedicab shall be authorized by local ordinance or resolution to operate within the applicable local jurisdiction. (3) The operator of the pedicab shall be at least 21 years of age, with a valid California driver’s license. (4) The pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. The pedicab shall be inspected annually for compliance with the requirements of this paragraph by an entity designated by the local jurisdiction that authorized the pedicab to operate. The entity may charge a reasonable fee to cover the costs of the inspection. A pedicab that does not meet these requirements shall meet these requirements by January 1, 2017, in order to continue operation. (5) The operator of the pedicab shall at all times be able to establish financial responsibility in a minimum amount of one million dollars ($1,000,000) general liability insurance coverage and an additional five hundred thousand dollars ($500,000) general umbrella insurance that covers the pedicab. The local jurisdiction that authorized the pedicab to operate may require additional proof of financial responsibility. (6) A pedicab shall not operate on any highway under the jurisdiction of the local authority unless authorized by resolution or ordinance. A pedicab shall not operate on any freeway and shall not operate on any highway with a posted speed limit in excess of 30 miles per hour, except to cross the highway at an intersection. (7) The operator of the pedicab shall annually report to the Department of the California Highway Patrol, commencing on January 1, 2016, any accidents caused or experienced by the pedicabs. (8) The pedicab shall not load or unload passengers on roadways or in the middle of highways. (9) Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn. (b) This article only applies to pedicabs defined by subdivision (c) of Section 467.5, and does not apply to pedicabs defined in subdivision (a) or (b) of Section 467.5. 21215.2. (a) If alcoholic beverages are consumed on board the pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall additionally operate subject to all of the following requirements: (1) The consumption of alcoholic beverages onboard the pedicab shall be authorized by local ordinance or resolution. (2) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 during the operation of the pedicab. (3) Both the operator and safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control. (4) Alcoholic beverages shall not be provided by the operator or onboard safety monitor or any employee or agent of the operator or onboard safety monitor of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab. (5) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab. (6) All passengers shall be 21 years of age or older if alcohol is consumed during the operation of the pedicab. (7) For purposes of this subdivision, passengers who are pedaling the device are not operators. (b) A license or permit from the Department of Alcoholic Beverage Control shall not be required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. (c) For purposes of this section, “alcoholic beverage” has the same meaning as defined in Section 23004 of the Business and Professions Code. (d) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. 21215.5. This article does not preclude a local authority from imposing more stringent operating or equipment requirements on a pedicab subject to this article. SEC. 3. Section 23229 of the Vehicle Code is amended to read: 23229. (a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: This bill amends the Vehicle Code to define the term “pedicab” and to require that a pedicab be authorized by local ordinance or resolution to operate within

The people of the State of California do enact as follows: SECTION 1. Section 35012 of the Education Code is amended to read: 35012. (a) Except as otherwise provided, the governing board of a school district shall consist of five members elected at large by the qualified voters of the district. The terms of the members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the members shall be elected in each odd-numbered year. (b) A unified school district may have a governing board of seven members in the event the proposal for unification has specified a governing board of seven members. The members of the governing board shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve four-year terms of office. (c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three members selected at large from the territory comprising the district. Whenever, in any such elementary school district the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken. (d) (1) (A) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more nonvoting pupil members to the board pursuant to this section. (B) There may also be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to allow preferential voting for the pupil member or members of the board. This request may be made in the original petition for pupil representation on the board or in a separate petition after a pupil member or members have been appointed to the board. (2) Whether for pupil representation or for preferential voting for the pupil member or members, the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. (3) Upon receipt of a petition for pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. (4) (A) Upon receipt of a petition for preferential voting for the pupil member or members, the governing board of the school district shall allow preferential voting for the pupil member or members of the governing board. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The governing board of the school district may adopt a resolution authorizing the nonvoting or preferential voting pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except executive sessions. (7) Any pupil selected to serve as a nonvoting or preferential voting member of the governing board of a school district shall be enrolled in a high school of the district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the district in accordance with procedures prescribed by the governing board. The term of a pupil member shall be one year commencing on July 1 of each year. (8) A nonvoting or preferential voting pupil member shall be entitled to the mileage allowance to the same extent as regular members, but is not entitled to the compensation prescribed by Section 35120. (9) A nonvoting or preferential voting pupil member shall be seated with the members of the governing board of the school district and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues. (10) The nonvoting or preferential voting pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district. (11) The nonvoting or preferential voting pupil member shall not be liable for any acts of the governing board of the school district. (12) A majority vote of all voting board members shall be required to approve a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board prior to the motion being voted upon. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) Existing law requires the governing board of a school district maintaining one or more high schools to appoint to its membership one or more nonvoting pupil members if pupils petition the governing board to make those appointments. This bill would require the governing board of a school district to appoint the pupil member or members within 60 days of receiving the petition, or at its next regularly scheduled meeting if no meeting is held within those 60 days, as specified. The bill would require a majority vote of all voting board members on a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district, and would require the motion to be listed as a public agenda item for a meeting of the governing board of the school district prior to the motion being voted upon. Because the bill would require school districts to provide a higher level of service, it would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 35012 of the Education Code is amended to read: 35012. (a) Except as otherwise provided, the governing board of a school district shall consist of five members elected at large by the qualified voters of the district. The terms of the members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the members shall be elected in each odd-numbered year. (b) A unified school district may have a governing board of seven members in the event the proposal for unification has specified a governing board of seven members. The members of the governing board shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve four-year terms of office. (c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three members selected at large from the territory comprising the district. Whenever, in any such elementary school district the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken. (d) (1) (A) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more nonvoting pupil members to the board pursuant to this section. (B) There may also be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to allow preferential voting for the pupil member or members of the board. This request may be made in the original petition for pupil representation on the board or in a separate petition after a pupil member or members have been appointed to the board. (2) Whether for pupil representation or for preferential voting for the pupil member or members, the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. (3) Upon receipt of a petition for pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one nonvoting pupil member. The governing board may order the inclusion of more than one nonvoting pupil member. (4) (A) Upon receipt of a petition for preferential voting for the pupil member or members, the governing board of the school district shall allow preferential voting for the pupil member or members of the governing board. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The governing board of the school district may adopt a resolution authorizing the nonvoting or preferential voting pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except executive sessions. (7) Any pupil selected to serve as a nonvoting or preferential voting member of the governing board of a school district shall be enrolled in a high school of the district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the district in accordance with procedures prescribed by the governing board. The term of a pupil member shall be one year commencing on July 1 of each year. (8) A nonvoting or preferential voting pupil member shall be entitled to the mileage allowance to the same extent as regular members, but is not entitled to the compensation prescribed by Section 35120. (9) A nonvoting or preferential voting pupil member shall be seated with the members of the governing board of the school district and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues. (10) The nonvoting or preferential voting pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district. (11) The nonvoting or preferential voting pupil member shall not be liable for any acts of the governing board of the school district. (12) A majority vote of all voting board members shall be required to approve a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board prior to the motion being voted upon. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 14105.94 of the Welfare and Institutions Code is amended to read: 14105.94. (a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emergency medical transportation services, receive supplemental Medi-Cal reimbursement to the extent provided in this section. (b) A provider shall be eligible for supplemental reimbursement only if the provider has all of the following characteristics continuously during a state fiscal year: (1) Provides ground emergency medical transportation services to Medi-Cal beneficiaries. (2) Is a provider that is enrolled as a Medi-Cal provider for the period being claimed. (3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (c) An eligible provider’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows: (1) The supplemental reimbursement to an eligible provider, as described in subdivision (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted pursuant to paragraph (2) of subdivision (f). (2) In no instance shall the amount certified pursuant to paragraph (1) of subdivision (e), when combined with the amount received from all other sources of reimbursement from the Medi-Cal program, exceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services. (3) The supplemental Medi-Cal reimbursement provided by this section shall be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department may, to the extent permitted under federal law and regulations, provide supplemental reimbursement for the cost of paramedic services at a rate of payment equal to cost. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and shall not make any payment pursuant to this section prior to obtaining that approval. (d) (1) It is the Legislature’s intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section. (2) The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e). (e) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following: (1) Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation. (2) Provide evidence supporting the certification as specified by the department. (3) Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation. (4) Keep, maintain, and have readily retrievable, any records specified by the department to fully disclose reimbursement amounts to which the eligible provider is entitled, and any other records required by the federal Centers for Medicare and Medicaid Services. (f) (1) The department shall promptly seek any necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented. (2) The department shall submit claims for federal financial participation for the expenditures for the services described in subdivision (e) that are allowable expenditures under federal law. (3) The department shall, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law. (g) (1) If either a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to any provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative. (2) The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel, and posted on the department’s Internet Web site. (h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of provider bulletins, or similar instructions, without taking regulatory action. SEC. 2. Section 14105.941 is added to the Welfare and Institutions Code, immediately following Section 14105.94, to read: 14105.941. (a) The department shall design and implement, in consultation with eligible providers as described in subdivision (b), an intergovernmental transfer program relating to Medi-Cal managed care, ground emergency medical transport transportation services in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers. (b) A provider shall be eligible for increased reimbursement pursuant to this section only if the provider meets both of the following conditions in an applicable state fiscal year: (1) Provides ground emergency medical transport transportation services to Medi-Cal managed care enrollees pursuant to a contract or other arrangement with a Medi-Cal managed care plan. (2) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (c) (1) To the extent intergovernmental transfers are voluntarily made by, and accepted from, an eligible provider described in subdivision (b), or a governmental entity affiliated with an eligible provider, the department shall make increased capitation payments to applicable Medi-Cal managed care plans for covered ground emergency medical transportation services. (2) The increased capitation payments made pursuant to this section shall be in amounts actuarially equivalent to the supplemental fee-for-service payments available for eligible providers pursuant to Section 14105.94, to the extent permissible under federal law. (3) Except as provided in subdivision (f), all funds associated with intergovernmental transfers made and accepted pursuant to this section shall be used to fund additional payments to eligible providers. (4) Medi-Cal managed care plans shall pay 100 percent of any amount of increased capitation payments made pursuant to this section to eligible providers for providing and making available ground emergency medical transportation services pursuant to a contract or other arrangement with a Medi-Cal managed care plan. (d) The intergovernmental transfer program developed pursuant to this section shall be implemented on January 1, July 1, 2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained, and only to the extent intergovernmental transfers from the eligible provider, or the governmental entity with which it is affiliated, are provided for this purpose. To the extent permitted by federal law, the department may implement the intergovernmental transfer program and increased capitation payments pursuant to this section on a retroactive basis as needed. (e) Participation in the intergovernmental transfers under this section is voluntary on the part of the transferring entities for purposes of all applicable federal laws. (f) This section shall be implemented without any additional expenditure from the General Fund. As a condition of participation under this section, each eligible provider as described in subdivision (b), or the governmental entity affiliated with an eligible provider, shall agree to reimburse the department for any costs associated with implementing this section. Intergovernmental transfers described in this section are not subject to the administrative fee assessed under paragraph (1) of subdivision (d) of Section 14301.4. (g) As a condition of participation under this section, Medi-Cal managed care plans, eligible providers as described in subdivision (b), and governmental entities affiliated with eligible providers shall agree to comply with any requests for information or similar data requirements imposed by the department for purposes of obtaining supporting documentation necessary to claim federal funds or to obtain federal approvals. (h) This section shall be implemented only if and to the extent federal financial participation is available and is not otherwise jeopardized, and any necessary federal approvals have been obtained. (i) To the extent that the director determines that the payments made pursuant to this section do not comply with federal Medicaid requirements, the director retains the discretion to return or not accept an intergovernmental transfer, and may adjust payments pursuant to this section as necessary to comply with federal Medicaid requirements. (j) To the extent federal approval is obtained, the increased capitation payments under this section may commence for dates of service on or after January 1, 2016. (k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law authorizes certain ground emergency medical transportation providers to receive supplemental Medi-Cal reimbursement in addition to the rate of payment that the provider would otherwise receive for those services. Existing law provides that participation in the supplemental reimbursement program by an eligible provider is voluntary, and requires the nonfederal share of the supplemental reimbursement to be paid only with funds from specified governmental entities. This bill would authorize the department to provide supplemental reimbursement under these provisions for the cost of paramedic services at a rate of payment equal to cost. This bill would also require the department to design and implement an intergovernmental transfer (IGT) program in order to increase capitation payments to Medi-Cal managed care plans for covered ground emergency medical transportation services, as specified. The bill would require the department to implement the IGT program on January 1, July 1, 2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained. The bill would provide that participation in the IGTs is voluntary on the part of the transferring entity and would require Medi-Cal managed care plans to pay 100% of any amount of increased capitation payments made to eligible providers for providing and making available ground emergency medical transportation services. services, and would permit, to the extent federal approval is obtained, the increased capitation payments to commence for dates of services on or after January 1, 2016.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14105.94 of the Welfare and Institutions Code is amended to read: 14105.94. (a) An eligible provider, as described in subdivision (b), may, in addition to the rate of payment that the provider would otherwise receive for Medi-Cal ground emergency medical transportation services, receive supplemental Medi-Cal reimbursement to the extent provided in this section. (b) A provider shall be eligible for supplemental reimbursement only if the provider has all of the following characteristics continuously during a state fiscal year: (1) Provides ground emergency medical transportation services to Medi-Cal beneficiaries. (2) Is a provider that is enrolled as a Medi-Cal provider for the period being claimed. (3) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (c) An eligible provider’s supplemental reimbursement pursuant to this section shall be calculated and paid as follows: (1) The supplemental reimbursement to an eligible provider, as described in subdivision (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted pursuant to paragraph (2) of subdivision (f). (2) In no instance shall the amount certified pursuant to paragraph (1) of subdivision (e), when combined with the amount received from all other sources of reimbursement from the Medi-Cal program, exceed 100 percent of actual costs, as determined pursuant to the Medi-Cal State Plan, for ground emergency medical transportation services. (3) The supplemental Medi-Cal reimbursement provided by this section shall be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to Medi-Cal beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department may, to the extent permitted under federal law and regulations, provide supplemental reimbursement for the cost of paramedic services at a rate of payment equal to cost. The department shall obtain approval from the federal Centers for Medicare and Medicaid Services for the payment methodology to be utilized, and shall not make any payment pursuant to this section prior to obtaining that approval. (d) (1) It is the Legislature’s intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the General Fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section. (2) The nonfederal share of the supplemental reimbursement submitted to the federal Centers for Medicare and Medicaid Services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in paragraph (3) of subdivision (b) and certified to the state as provided in subdivision (e). (e) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider owned or operated by the entity, as described in paragraph (3) of subdivision (b), the governmental entity shall do all of the following: (1) Certify, in conformity with the requirements of Section 433.51 of Title 42 of the Code of Federal Regulations, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation. (2) Provide evidence supporting the certification as specified by the department. (3) Submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation. (4) Keep, maintain, and have readily retrievable, any records specified by the department to fully disclose reimbursement amounts to which the eligible provider is entitled, and any other records required by the federal Centers for Medicare and Medicaid Services. (f) (1) The department shall promptly seek any necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). If federal approval is not obtained for implementation of this section, this section shall not be implemented. (2) The department shall submit claims for federal financial participation for the expenditures for the services described in subdivision (e) that are allowable expenditures under federal law. (3) The department shall, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law. (g) (1) If either a final judicial determination is made by any court of appellate jurisdiction or a final determination is made by the administrator of the federal Centers for Medicare and Medicaid Services that the supplemental reimbursement provided for in this section must be made to any provider not described in this section, the director shall execute a declaration stating that the determination has been made and on that date this section shall become inoperative. (2) The declaration executed pursuant to this subdivision shall be retained by the director, provided to the fiscal and appropriate policy committees of the Legislature, the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel, and posted on the department’s Internet Web site. (h) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement and administer this section by means of provider bulletins, or similar instructions, without taking regulatory action. SEC. 2. Section 14105.941 is added to the Welfare and Institutions Code, immediately following Section 14105.94, to read: 14105.941. (a) The department shall design and implement, in consultation with eligible providers as described in subdivision (b), an intergovernmental transfer program relating to Medi-Cal managed care, ground emergency medical transport transportation services in order to increase capitation payments for the purpose of increasing reimbursement to eligible providers. (b) A provider shall be eligible for increased reimbursement pursuant to this section only if the provider meets both of the following conditions in an applicable state fiscal year: (1) Provides ground emergency medical transport transportation services to Medi-Cal managed care enrollees pursuant to a contract or other arrangement with a Medi-Cal managed care plan. (2) Is owned or operated by the state, a city, county, city and county, fire protection district organized pursuant to Part 2.7 (commencing with Section 13800) of Division 12 of the Health and Safety Code, special district organized pursuant to Chapter 1 (commencing with Section 58000) of Division 1 of Title 6 of the Government Code, community services district organized pursuant to Part 1 (commencing with Section 61000) of Division 3 of Title 6 of the Government Code, health care district organized pursuant to Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code, or a federally recognized Indian tribe. (c) (1) To the extent intergovernmental transfers are voluntarily made by, and accepted from, an eligible provider described in subdivision (b), or a governmental entity affiliated with an eligible provider, the department shall make increased capitation payments to applicable Medi-Cal managed care plans for covered ground emergency medical transportation services. (2) The increased capitation payments made pursuant to this section shall be in amounts actuarially equivalent to the supplemental fee-for-service payments available for eligible providers pursuant to Section 14105.94, to the extent permissible under federal law. (3) Except as provided in subdivision (f), all funds associated with intergovernmental transfers made and accepted pursuant to this section shall be used to fund additional payments to eligible providers. (4) Medi-Cal managed care plans shall pay 100 percent of any amount of increased capitation payments made pursuant to this section to eligible providers for providing and making available ground emergency medical transportation services pursuant to a contract or other arrangement with a Medi-Cal managed care plan. (d) The intergovernmental transfer program developed pursuant to this section shall be implemented on January 1, July 1, 2016, or a later date if otherwise required pursuant to any necessary federal approvals obtained, and only to the extent intergovernmental transfers from the eligible provider, or the governmental entity with which it is affiliated, are provided for this purpose. To the extent permitted by federal law, the department may implement the intergovernmental transfer program and increased capitation payments pursuant to this section on a retroactive basis as needed. (e) Participation in the intergovernmental transfers under this section is voluntary on the part of the transferring entities for purposes of all applicable federal laws. (f) This section shall be implemented without any additional expenditure from the General Fund. As a condition of participation under this section, each eligible provider as described in subdivision (b), or the governmental entity affiliated with an eligible provider, shall agree to reimburse the department for any costs associated with implementing this section. Intergovernmental transfers described in this section are not subject to the administrative fee assessed under paragraph (1) of subdivision (d) of Section 14301.4. (g) As a condition of participation under this section, Medi-Cal managed care plans, eligible providers as described in subdivision (b), and governmental entities affiliated with eligible providers shall agree to comply with any requests for information or similar data requirements imposed by the department for purposes of obtaining supporting documentation necessary to claim federal funds or to obtain federal approvals. (h) This section shall be implemented only if and to the extent federal financial participation is available and is not otherwise jeopardized, and any necessary federal approvals have been obtained. (i) To the extent that the director determines that the payments made pursuant to this section do not comply with federal Medicaid requirements, the director retains the discretion to return or not accept an intergovernmental transfer, and may adjust payments pursuant to this section as necessary to comply with federal Medicaid requirements. (j) To the extent federal approval is obtained, the increased capitation payments under this section may commence for dates of service on or after January 1, 2016. (k) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to enact legislation that accomplishes all of the following: (a) Creates a statewide Veterans’ Home Morale, Welfare, and Recreation Fund. (b) Creates a Morale, Welfare, and Recreation Operating Fund at each veterans’ home. (c) Authorizes and directs the Department of Veterans Affairs to promulgate rules and regulations related to the statewide Veterans’ Home Morale, Welfare, and Recreation Fund through a stakeholder process that includes members of the Veterans’ Homes of California. It is further the intent of the Legislature that these rules and regulations include, but not be limited to, a yearly allocation process for moneys to be expended in each home. (d) Maintains the highest possible degree of transparent administration and resident involvement. (e) Encourages identical Morale, Welfare, and Recreation Fund policies and procedures to be established, documented, and implemented at each veterans’ home. SEC. 2. Section 1047 of the Military and Veterans Code is repealed. SEC. 3. Section 1047 is added to the Military and Veterans Code, to read: 1047. (a) (1) The Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all funds deposited in the MWR Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. All references in this chapter to the “Morale, Welfare, and Recreation Fund” or “MWR Fund” are deemed to refer to the fund created by this paragraph. (2) The department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes. (3) For the purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, hobby shop, theater, library, or band, and payment for newspapers, chapel expenses, entertainment expenses, sports activities, celebrations, or any other function or activity that is related to the morale, welfare, and recreation of the residents that would not otherwise be paid for by the General Fund. (4) The administrator of a home shall deposit all moneys maintained by the administrator in a Morale, Welfare, and Recreation Fund pursuant to this section as it read on January 1, 2015, into the Veterans’ Home Morale, Welfare, and Recreation Special Fund created by paragraph (1). (5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR Fund. (6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans’ Home Allied Council or resident council. (7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans’ Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the allocation requests and requests for augmentation of those allocations. (8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code. (b) (1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home’s relative share of the total population of the entire veterans’ home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent of the homes’ requests. (2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans’ home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. (c) Moneys in the MWR Fund shall not be expended for the following: (1) A medical treatment or medical care of a member of a home. (2) The maintenance or major capital improvement of the physical plant of a home. (3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. (d) Appropriations from the General Fund for the purposes described in paragraph (3) of subdivision (b) may not be reduced for the purpose of, or to have the effect of, requiring increased expenditures from the MWR Fund for those described purposes. (e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department’s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, to the following: (1) The Department of Finance. (2) The fiscal committees of the Assembly and Senate. (3) The committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs. (4) The Veterans’ Home Allied Council or the resident council of each home. (5) The administrator of each home. (f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000). (g) The department may transfer funds from the MWR Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department. (h) The administrator of a home may enter into an agreement with the Veterans’ Home Allied Council that authorizes the council to operate facilities and engage in activities that are authorized by subdivision (b). The agreement shall be in the form and manner specified by the administrator and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process. SEC. 4. Section 1048 of the Military and Veterans Code is repealed. SEC. 5. Section 1048 is added to the Military and Veterans Code, to read: 1048. (a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund. (b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose. (c) Moneys in the MWRO Fund shall not be expended for the following: (1) Medical treatment or medical care for a member. (2) The maintenance or major capital improvement of the Home’s physical plant. (3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. SEC. 6. Section 1049 of the Military and Veterans Code is amended to read: 1049. (a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit. (b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans’ Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those operations.

Existing law provides for the establishment and operation of the Veterans’ Home of California at various sites, including homes in Barstow, Chula Vista, Lancaster, Ventura, and Yountville, and provides for an administrator for each home or homesite. Existing law defines “home” and “administrator” for these purposes. Existing law establishes the Veterans’ Home Fund in the State Treasury, which includes the proceeds of certain bonds. Existing law requires, upon appropriation of the Legislature, the Department of Veterans Affairs to use money in the fund for the purpose of designing and constructing veterans’ homes in California. Existing law requires the administrator of a veterans’ home to maintain a Morale, Welfare, and Recreation Fund, which is required to be used, at the discretion of the administrator and subject to the approval of the Secretary of Veterans Affairs, to provide for the general welfare of the veterans. Existing law specifies the moneys required to be deposited into the fund, and requires the administrator to prepare an itemized report for the expenditures made out of, and deposits made into, the fund. Under existing law, those reports are required to be submitted to the secretary, the fiscal committees of the Assembly and Senate, the committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs, and the Veterans’ Home Allied Council on or before August 20 of each year. This bill would create the Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund), a continuously appropriated fund, in the State Treasury. The bill would require the administrator of a veterans’ home to deposit all moneys maintained by the administrator in an existing Morale, Welfare, and Recreation Fund into the statewide MWR Fund. The bill would require the administrator of each home to establish a Morale, Welfare, and Recreation Operating Fund (MWRO Fund) to administer quality of life activities for the general welfare of the residents and receive funds from the MWR Fund, as specified, and to establish an MWR Advisory Committee, as specified. The bill would require the department, in consultation with the MWR Advisory Committee, the Veterans’ Home Allied Council or the resident council of each home, to adopt regulations related to, among other things, administering the MWR Fund and the MWRO Funds and the process by which the homes submit and receive budget allocations. The bill would authorize the use of funds in the MWR Fund to provide for the general welfare of the residents of a home, as specified, and would specify restrictions on the use of those funds. The bill would require the department to annually determine the total amount for disbursement from the MWR Fund, and for that disbursement to be allocated proportionally to each home’s relative share of the total population of the entire veterans’ home system. The bill would authorize additional allocations to any veterans’ home if it is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. The bill would authorize the administrator of a home to enter into an agreement with the Veterans’ Home Allied Council to operate facilities and activities that are related to authorized expenditures from the MWR Fund, as specified. The bill would require the department to prepare annual reports regarding moneys deposited into the MWR Fund and expenditure of those funds, as specified, and to submit the report on or before December 31 of each year to specified entities. The bill would require the department to maintain a $3,000,000 reserve in the MWR Fund and would authorize the department to invest moneys in the MWR Fund in the Surplus Money Investment Fund or by contracting with a third-party investment broker consistent with laws and regulations regarding selecting prudent, approved investment types.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to enact legislation that accomplishes all of the following: (a) Creates a statewide Veterans’ Home Morale, Welfare, and Recreation Fund. (b) Creates a Morale, Welfare, and Recreation Operating Fund at each veterans’ home. (c) Authorizes and directs the Department of Veterans Affairs to promulgate rules and regulations related to the statewide Veterans’ Home Morale, Welfare, and Recreation Fund through a stakeholder process that includes members of the Veterans’ Homes of California. It is further the intent of the Legislature that these rules and regulations include, but not be limited to, a yearly allocation process for moneys to be expended in each home. (d) Maintains the highest possible degree of transparent administration and resident involvement. (e) Encourages identical Morale, Welfare, and Recreation Fund policies and procedures to be established, documented, and implemented at each veterans’ home. SEC. 2. Section 1047 of the Military and Veterans Code is repealed. SEC. 3. Section 1047 is added to the Military and Veterans Code, to read: 1047. (a) (1) The Veterans’ Home Morale, Welfare, and Recreation Special Fund (MWR Fund) is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all funds deposited in the MWR Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year. All references in this chapter to the “Morale, Welfare, and Recreation Fund” or “MWR Fund” are deemed to refer to the fund created by this paragraph. (2) The department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes. (3) For the purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, hobby shop, theater, library, or band, and payment for newspapers, chapel expenses, entertainment expenses, sports activities, celebrations, or any other function or activity that is related to the morale, welfare, and recreation of the residents that would not otherwise be paid for by the General Fund. (4) The administrator of a home shall deposit all moneys maintained by the administrator in a Morale, Welfare, and Recreation Fund pursuant to this section as it read on January 1, 2015, into the Veterans’ Home Morale, Welfare, and Recreation Special Fund created by paragraph (1). (5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR Fund. (6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans’ Home Allied Council or resident council. (7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans’ Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the allocation requests and requests for augmentation of those allocations. (8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code. (b) (1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home’s relative share of the total population of the entire veterans’ home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent of the homes’ requests. (2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans’ home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance. (c) Moneys in the MWR Fund shall not be expended for the following: (1) A medical treatment or medical care of a member of a home. (2) The maintenance or major capital improvement of the physical plant of a home. (3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. (d) Appropriations from the General Fund for the purposes described in paragraph (3) of subdivision (b) may not be reduced for the purpose of, or to have the effect of, requiring increased expenditures from the MWR Fund for those described purposes. (e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department’s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, to the following: (1) The Department of Finance. (2) The fiscal committees of the Assembly and Senate. (3) The committees of the Assembly and the Senate that have subject matter jurisdiction over veterans’ affairs. (4) The Veterans’ Home Allied Council or the resident council of each home. (5) The administrator of each home. (f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000). (g) The department may transfer funds from the MWR Fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department. (h) The administrator of a home may enter into an agreement with the Veterans’ Home Allied Council that authorizes the council to operate facilities and engage in activities that are authorized by subdivision (b). The agreement shall be in the form and manner specified by the administrator and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process. SEC. 4. Section 1048 of the Military and Veterans Code is repealed. SEC. 5. Section 1048 is added to the Military and Veterans Code, to read: 1048. (a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund. (b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose. (c) Moneys in the MWRO Fund shall not be expended for the following: (1) Medical treatment or medical care for a member. (2) The maintenance or major capital improvement of the Home’s physical plant. (3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home. SEC. 6. Section 1049 of the Military and Veterans Code is amended to read: 1049. (a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit. (b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans’ Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those operations. ### Summary: This bill creates a statewide Veterans’ Home Morale, Welfare, and Recreation Fund. It also creates a Morale, Welfare, and Recreation Operating Fund at each

The people of the State of California do enact as follows: SECTION 1. Section 3008 of the Public Resources Code is amended to read: 3008. (a) “Well” means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations. (b) “Prospect well” or “exploratory well” means any well drilled to extend a field or explore a new, potentially productive reservoir. (c) “Active observation well” means a well being used for the sole purpose of gathering reservoir data, such as pressure or temperature in a reservoir being currently produced or injected by the operator, and the data is gathered at least once every three years. (d) “Idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last five or more years. An idle well does not include an active observation well. (e) “Long-term idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last 10 or more years. A long-term idle well does not include an active observation well. (f) “Enhanced oil recovery method” means the process of obtaining oil, not recovered from an oil reservoir, by utilizing certain extraction processes, including, but not limited to, thermal recovery, gas injection, chemical injection, and water flooding. (g) “Confidential well” means an exploratory well with records that the division maintains as confidential information in accordance with Section 3234. SEC. 2. Section 3106 of the Public Resources Code is amended to read: 3106. (a) The supervisor shall authorize supervise the exploration and production of hydrocarbons, including , but not limited to, the drilling, stimulation, the use of enhanced oil recovery methods and well completion techniques, operation, reworking, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including pipelines not subject to regulation pursuant to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code that are within an oil and gas field. These activities shall be authorized in a manner field, so as to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy; and damage to underground and surface waters suitable for irrigation or domestic purposes or otherwise uncontaminated waters that could be treated to be suitable for irrigation or domestic purposes. (b) The supervisor may allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all methods and practices known to the oil industry to increase the ultimate recovery of underground hydrocarbons if the supervisor finds that those methods and practices are consistent with this division. To further the elimination of waste by increasing the recovery of underground hydrocarbons, it is hereby declared as a policy of this state that the grant in an oil and gas lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all hydrocarbons from any lands in the state, in the absence of an express provision to the contrary contained in the lease or contract, is deemed to allow the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interests of the lessor, lessee, and the state in producing and removing hydrocarbons, including, but not limited to, the injection of air, gas, water, or other fluids into the productive strata, the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons, the supplying of additional motive force, or the creation of enlarged or new channels for the underground movement of hydrocarbons into production wells, when these methods or processes employed have been approved by the supervisor, except that nothing contained in this section imposes a legal duty upon the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to conduct these operations. (c) The supervisor may require an operator to implement a monitoring program, designed to detect releases to the soil and water, including both groundwater and surface water, for aboveground oil production tanks and facilities. (d) The supervisor shall administer this division in conformance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code. SEC. 3. Section 3203 of the Public Resources Code is amended to read: 3203. (a) The operator of any well, before commencing the work of drilling the well, shall file with the supervisor or the district deputy a written application for approval to commence drilling. The application shall detail all the methods and practices expected to be used for the well, including, but not limited to, well stimulation treatments and enhanced oil recovery methods. The application shall also demonstrate that the drilling and any method utilized will pose de minimis risk to public health and safety. Drilling shall not commence until written approval is given by the supervisor or the district deputy, finding that the project is consistent with Section 3106. If operations have not commenced within one year of approval of the application, the approval shall be deemed canceled, unless the applicant makes a written request for an extension with a reason for the extension. The supervisor may grant a one-year extension of the approval in writing. The application shall contain the pertinent data the supervisor requires on printed forms supplied by the division or on other forms acceptable to the supervisor. The supervisor may require other pertinent information to supplement the application. (b) After the completion of any well, this section also applies, as far as may be, to the deepening or redrilling of the well, any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well. The number or designation of any well, and the number or designation specified for any well in an application filed as required by this section, shall not be changed without first obtaining a written approval of the supervisor. (c) If an operator has failed to comply with an order of the supervisor, the supervisor may deny approval of proposed well operations until the operator brings its existing well operations into compliance with the order. If an operator has failed to pay a civil penalty, remedy a violation that it is required to remedy to the satisfaction of the supervisor pursuant to an order issued under Section 3236.5, or to pay any charges assessed under Article 7 (commencing with Section 3400), the supervisor may deny approval to the operator’s proposed well operations until the operator pays the civil penalty, remedies the violation to the satisfaction of the supervisor, or pays the charges assessed under Article 7 (commencing with Section 3400). (d) The applications and written approvals by the supervisor or the district deputy shall be posted on the division’s Internet Web site. SEC. 4. Section 3215.5 is added to the Public Resources Code, to read: 3215.5. For any well, regardless of the operation or activity taking place, if there is any loss of well and well casing integrity, that loss and any resultant action or remedial work shall be reported by the operator to the applicable regional water quality control board within five days of the event. SEC. 5. Section 3234 of the Public Resources Code is amended to read: 3234. (a) (1) Except as otherwise provided in this section, all of the well records, including production reports, of any owner or operator that are filed pursuant to this chapter are public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (2) Those records are public records when filed with the division unless the owner or operator requests, in writing, that the division maintain the well records of onshore exploratory wells or offshore exploratory wells as confidential information. The owner or operator shall give a detailed explanation and rationale for keeping the records of the exploratory well confidential and the supervisor shall respond in writing as to whether the confidential well status has been granted. Both the request for, and the granting of, confidential well status are public records, and shall be made accessible on the division’s Internet Web site. For onshore wells, the confidential period shall not exceed two years from the cessation of drilling operations as defined in subdivision (e). For offshore wells, the confidential period shall not exceed three years from the cessation of drilling operations as specified in subdivision (e). (3) Well records maintained as confidential information by the division shall be open to inspection by those persons who are authorized by the owner or operator in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c). (4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality, as set forth in paragraph (2), for no more than six months. (5) Once the confidential well period has ended, all well records shall be posted on the division’s Internet Web site within 10 working days. (b) Notwithstanding the provisions of subdivision (a) regarding the period of confidentiality, the well records for onshore and offshore wells shall become public records when the supervisor is notified that the lease has expired or terminated. (c) Production reports filed pursuant to Section 3227 shall be open to inspection by the State Board of Equalization or its duly appointed representatives when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3227 is located. (d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation. (e) The cessation of drilling operations occurs on the date of removal of drilling machinery from the well site. SEC. 6. Section 3450 of the Public Resources Code is repealed. SEC. 7. Section 3450 is added to the Public Resources Code, to read: 3450. (a) The Conservation Committee of California Oil and Gas Producers or any other committee of oil producers may issue recommendations to the supervisor relating to oil and gas exploration and production, if both of the following are satisfied: (1) Copies of those recommendations are delivered to the supervisor. (2) A committee issuing the recommendations makes available to the supervisor its records, files, minutes, reports, and other data pertaining to those recommendations. (b) The division shall post any recommendation received by the supervisor pursuant to subdivision (a) on the division’s Internet Web site. (c) (1) The supervisor, in his or her discretion, may express his or her disapproval of any recommendation received pursuant to subdivision (a). (2) The supervisor, in the absence of a recommendation by a committee of oil producers or if the supervisor deems a recommendation to be insufficient or incorrect, may issue recommendations relating to oil and gas exploration and production. (3) Oil producers may comply or agree to comply with the supervisor’s recommendation, but neither a disapproval by the supervisor nor a recommendation by him or her shall constitute a basis for implying an obligation for oil producers to comply with that disapproval or recommendation. (d) Nothing in this section shall authorize the production of oil or gas in violation of this division. SEC. 8. Section 3451 of the Public Resources Code is repealed. SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor’s duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. This bill would no longer require the supervisor to perform his or her duties in that manner. The bill would instead require the supervisor to authorize supervise the exploration and production of hydrocarbons, including, among other things, the drilling, operation, maintenance, and abandonment of wells, and the use of enhanced oil recovery methods, as defined, and stimulation, as provided, and would authorize the supervisor to allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all known methods and practices to increase the ultimate recovery of hydrocarbons if the supervisor finds that those methods and practices are consistent with existing law. (2) Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Under existing law, the notice is deemed approved if the supervisor or district deputy fails to respond to the notice in writing within 10 working days from receipt and is deemed canceled if operations have not commenced within one year of receipt. This bill would require an owner or operator of a well to file an application for approval to commence drilling, containing specified information, and would prohibit any drilling until written approval is given by the supervisor or the district deputy containing specified findings. The bill would authorize the supervisor, upon request, to grant a one-year extension if operations have not commenced within one year of the approval. The bill would require the applications and approvals by the supervisor or the district deputy to be posted on the division’s Internet Web site within 10 working days. (3) The Permit Streamlining Act requires any public agency that is the lead agency for a development project to approve or disapprove of a project, as specified. Under that act, if the lead agency or responsible agency is required to provide public notice of the development project or to hold a public hearing on the development project, or both, and the agency has not provided the public notice or held the hearing, or both, at least 60 days prior to the expirations of specified time periods, the applicant may file an action to compel the agency to provide the public notice or hold the hearing, or both, as specified. This bill would require the supervisor to perform his or her duties in conformance with that act. (4) Existing law generally provides that well records filed by owners or operators with the supervisor are public records. However, existing law authorizes the supervisor, upon written request of an owner or operator, to maintain well records of exploratory wells, or other wells if the supervisor determines that there are extenuating circumstances, as confidential information. Under existing law, the confidential period for an onshore or offshore well is up to 2 or 5 years, respectively, from the cessation of drilling operations, as defined. Existing law authorizes the supervisor to extend the period of confidentiality of a well for 6 months upon written request documenting extenuating circumstances and requires that the total period of confidentiality, including all extensions, for onshore and offshore wells not exceed 4 or 7 years, respectively, from the cessation of drilling operations. This bill would limit the authorization to maintain the confidentiality of well records to exploratory wells and only if the owner or operator includes specified information in the written request. The bill would deem both the request for, and the granting of, confidential well status to be public records and would require that information to be accessible on the division’s Internet Web site. The bill would require all well records of a confidential well, as defined, to be posted on the division’s Internet Web site within 10 working days once the confidential well period has ended. The bill would require that the confidential period for an offshore well not exceed 3 years from the cessation of drilling operations and would authorize the supervisor to extend the period of confidentiality for confidential wells for only 6 months, upon receiving a written request documenting extenuating circumstances. (5) Existing law requires an owner or operator of a well to keep a log, core record, and history of the drilling of wells to be provided to the district deputy within 60 days after the date of cessation of drilling, rework, or abandonment operations or the date of suspension of operation. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. This bill would in addition require an owner or operator of a well to report specified information to the applicable regional water quality control board within 5 days of any loss of well and well casing integrity. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. (6) Existing law recognizes the Conservation Committee of California Oil and Gas Producers and authorizes it or any other committee of oil producers to make voluntary recommendations to the supervisor regarding, among other things, maximum efficient rates of production, as defined, if specified conditions are satisfied. This bill would instead authorize any committee of oil producers to make recommendations to the supervisor regarding oil and gas exploration and production, as specified, and would require the division to post any recommendations received by the supervisor on the division’s Internet Web site. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3008 of the Public Resources Code is amended to read: 3008. (a) “Well” means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations. (b) “Prospect well” or “exploratory well” means any well drilled to extend a field or explore a new, potentially productive reservoir. (c) “Active observation well” means a well being used for the sole purpose of gathering reservoir data, such as pressure or temperature in a reservoir being currently produced or injected by the operator, and the data is gathered at least once every three years. (d) “Idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last five or more years. An idle well does not include an active observation well. (e) “Long-term idle well” means any well that has not produced oil or natural gas or has not been used for injection for six consecutive months of continuous operation during the last 10 or more years. A long-term idle well does not include an active observation well. (f) “Enhanced oil recovery method” means the process of obtaining oil, not recovered from an oil reservoir, by utilizing certain extraction processes, including, but not limited to, thermal recovery, gas injection, chemical injection, and water flooding. (g) “Confidential well” means an exploratory well with records that the division maintains as confidential information in accordance with Section 3234. SEC. 2. Section 3106 of the Public Resources Code is amended to read: 3106. (a) The supervisor shall authorize supervise the exploration and production of hydrocarbons, including , but not limited to, the drilling, stimulation, the use of enhanced oil recovery methods and well completion techniques, operation, reworking, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including pipelines not subject to regulation pursuant to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code that are within an oil and gas field. These activities shall be authorized in a manner field, so as to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy; and damage to underground and surface waters suitable for irrigation or domestic purposes or otherwise uncontaminated waters that could be treated to be suitable for irrigation or domestic purposes. (b) The supervisor may allow an owner or operator of a well to drill, operate, maintain, and abandon wells utilizing all methods and practices known to the oil industry to increase the ultimate recovery of underground hydrocarbons if the supervisor finds that those methods and practices are consistent with this division. To further the elimination of waste by increasing the recovery of underground hydrocarbons, it is hereby declared as a policy of this state that the grant in an oil and gas lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all hydrocarbons from any lands in the state, in the absence of an express provision to the contrary contained in the lease or contract, is deemed to allow the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interests of the lessor, lessee, and the state in producing and removing hydrocarbons, including, but not limited to, the injection of air, gas, water, or other fluids into the productive strata, the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons, the supplying of additional motive force, or the creation of enlarged or new channels for the underground movement of hydrocarbons into production wells, when these methods or processes employed have been approved by the supervisor, except that nothing contained in this section imposes a legal duty upon the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to conduct these operations. (c) The supervisor may require an operator to implement a monitoring program, designed to detect releases to the soil and water, including both groundwater and surface water, for aboveground oil production tanks and facilities. (d) The supervisor shall administer this division in conformance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code. SEC. 3. Section 3203 of the Public Resources Code is amended to read: 3203. (a) The operator of any well, before commencing the work of drilling the well, shall file with the supervisor or the district deputy a written application for approval to commence drilling. The application shall detail all the methods and practices expected to be used for the well, including, but not limited to, well stimulation treatments and enhanced oil recovery methods. The application shall also demonstrate that the drilling and any method utilized will pose de minimis risk to public health and safety. Drilling shall not commence until written approval is given by the supervisor or the district deputy, finding that the project is consistent with Section 3106. If operations have not commenced within one year of approval of the application, the approval shall be deemed canceled, unless the applicant makes a written request for an extension with a reason for the extension. The supervisor may grant a one-year extension of the approval in writing. The application shall contain the pertinent data the supervisor requires on printed forms supplied by the division or on other forms acceptable to the supervisor. The supervisor may require other pertinent information to supplement the application. (b) After the completion of any well, this section also applies, as far as may be, to the deepening or redrilling of the well, any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well. The number or designation of any well, and the number or designation specified for any well in an application filed as required by this section, shall not be changed without first obtaining a written approval of the supervisor. (c) If an operator has failed to comply with an order of the supervisor, the supervisor may deny approval of proposed well operations until the operator brings its existing well operations into compliance with the order. If an operator has failed to pay a civil penalty, remedy a violation that it is required to remedy to the satisfaction of the supervisor pursuant to an order issued under Section 3236.5, or to pay any charges assessed under Article 7 (commencing with Section 3400), the supervisor may deny approval to the operator’s proposed well operations until the operator pays the civil penalty, remedies the violation to the satisfaction of the supervisor, or pays the charges assessed under Article 7 (commencing with Section 3400). (d) The applications and written approvals by the supervisor or the district deputy shall be posted on the division’s Internet Web site. SEC. 4. Section 3215.5 is added to the Public Resources Code, to read: 3215.5. For any well, regardless of the operation or activity taking place, if there is any loss of well and well casing integrity, that loss and any resultant action or remedial work shall be reported by the operator to the applicable regional water quality control board within five days of the event. SEC. 5. Section 3234 of the Public Resources Code is amended to read: 3234. (a) (1) Except as otherwise provided in this section, all of the well records, including production reports, of any owner or operator that are filed pursuant to this chapter are public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (2) Those records are public records when filed with the division unless the owner or operator requests, in writing, that the division maintain the well records of onshore exploratory wells or offshore exploratory wells as confidential information. The owner or operator shall give a detailed explanation and rationale for keeping the records of the exploratory well confidential and the supervisor shall respond in writing as to whether the confidential well status has been granted. Both the request for, and the granting of, confidential well status are public records, and shall be made accessible on the division’s Internet Web site. For onshore wells, the confidential period shall not exceed two years from the cessation of drilling operations as defined in subdivision (e). For offshore wells, the confidential period shall not exceed three years from the cessation of drilling operations as specified in subdivision (e). (3) Well records maintained as confidential information by the division shall be open to inspection by those persons who are authorized by the owner or operator in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c). (4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality, as set forth in paragraph (2), for no more than six months. (5) Once the confidential well period has ended, all well records shall be posted on the division’s Internet Web site within 10 working days. (b) Notwithstanding the provisions of subdivision (a) regarding the period of confidentiality, the well records for onshore and offshore wells shall become public records when the supervisor is notified that the lease has expired or terminated. (c) Production reports filed pursuant to Section 3227 shall be open to inspection by the State Board of Equalization or its duly appointed representatives when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3227 is located. (d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation. (e) The cessation of drilling operations occurs on the date of removal of drilling machinery from the well site. SEC. 6. Section 3450 of the Public Resources Code is repealed. SEC. 7. Section 3450 is added to the Public Resources Code, to read: 3450. (a) The Conservation Committee of California Oil and Gas Producers or any other committee of oil producers may issue recommendations to the supervisor relating to oil and gas exploration and production, if both of the following are satisfied: (1) Copies of those recommendations are delivered to the supervisor. (2) A committee issuing the recommendations makes available to the supervisor its records, files, minutes, reports, and other data pertaining to those recommendations. (b) The division shall post any recommendation received by the supervisor pursuant to subdivision (a) on the division’s Internet Web site. (c) (1) The supervisor, in his or her discretion, may express his or her disapproval of any recommendation received pursuant to subdivision (a). (2) The supervisor, in the absence of a recommendation by a committee of oil producers or if the supervisor deems a recommendation to be insufficient or incorrect, may issue recommendations relating to oil and gas exploration and production. (3) Oil producers may comply or agree to comply with the supervisor’s recommendation, but neither a disapproval by the supervisor nor a recommendation by him or her shall constitute a basis for implying an obligation for oil producers to comply with that disapproval or recommendation. (d) Nothing in this section shall authorize the production of oil or gas in violation of this division. SEC. 8. Section 3451 of the Public Resources Code is repealed. SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1374.21 of the Health and Safety Code is amended to read: 1374.21. (a) (1) A change in premium rates or changes in coverage stated in a group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date. (2) The notice delivered pursuant to paragraph (1) for large group health plans shall also include the following information: (A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. (B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. (C) Whether the rate change includes any portion of the excise tax paid by the health plan. (b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. SEC. 2. Section 1385.045 is added to the Health and Safety Code, to read: 1385.045. (a) For large group health care service plan contracts, each health plan shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of enrollees in each large group benefit design in the plan’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. (b) (1) A plan shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. (2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. (c) A health care service plan subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: (1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: (A) Plan year. (B) Segment type, including whether the rate is community rated, in whole or in part. (C) Product type. (D) Number of enrollees. (E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. (2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: (A) Geographic region. (B) Age, including age rating factors. (C) Occupation. (D) Industry. (E) Health status factors, including, but not limited to, experience and utilization. (F) Employee, and employee and dependents, including a description of the family composition used. (G) Enrollees’ share of premiums. (H) Enrollees’ cost sharing. (I) Covered benefits in addition to basic health care services, as defined in Section 1345, and other benefits mandated under this article. (J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. (K) Any other factor that affects the rate that is not otherwise specified. (3) (A) The plan’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same as, or similar to, those used by other plans. (B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual plan contract trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other plans. (C) A comparison of the aggregate per enrollee per month costs and rate of changes over the last five years for each of the following: (i) Premiums. (ii) Claims costs, if any. (iii) Administrative expenses. (iv) Taxes and fees. (D) Any changes in enrollee cost sharing over the prior year associated with the submitted rate information, including both of the following: (i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. (ii) Any aggregate changes in enrollee cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of enrollees. (E) Any changes in enrollee benefits over the prior year, including a description of benefits added or eliminated, as well as any aggregate changes, as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. (F) Any cost containment and quality improvement efforts since the plan’s prior year’s information pursuant to this section for the same category of health benefit plan. To the extent possible, the plan shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. (G) The number of products covered by the information that incurred the excise tax paid by the health plan. (d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 1385.07. SEC. 3. Section 10181.45 is added to the Insurance Code, to read: 10181.45. (a) For large group health insurance policies, each health insurer shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of insureds in each large group benefit design in the insurer’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. (b) (1) A health insurer shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. (2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. (c) A health insurer subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: (1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: (A) Plan year. (B) Segment type, including whether the rate is community rated, in whole or in part. (C) Product type. (D) Number of insureds. (E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. (2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: (A) Geographic region. (B) Age, including age rating factors. (C) Occupation. (D) Industry. (E) Health status factors, including, but not limited to, experience and utilization. (F) Employee, and employee and dependents, including a description of the family composition used. (G) Insureds’ share of premiums. (H) Insureds’ cost sharing. (I) Covered benefits in addition to basic health care services, as defined in Section 1345 of the Health and Safety Code, and other benefits mandated under this article. (J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. (K) Any other factor that affects the rate that is not otherwise specified. (3) (A) The insurer’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the health insurer’s insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same or similar to those used by other insurers. (B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual policy trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other insurers. (C) A comparison of the aggregate per insured per month costs and rate of changes over the last five years for each of the following: (i) Premiums. (ii) Claims costs, if any. (iii) Administrative expenses. (iv) Taxes and fees. (D) Any changes in insured cost sharing over the prior year associated with the submitted rate information, including both of the following: (i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. (ii) Any aggregate changes in insured cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of insureds. (E) Any changes in insured benefits over the prior year, including a description of benefits added or eliminated as well as any aggregate changes as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. (F) Any cost containment and quality improvement efforts made since the insurer’s prior year’s information pursuant to this section for the same category of health insurer. To the extent possible, the insurer shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. (G) The number of products covered by the information that incurred the excise tax paid by the health insurer. (d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 10181.7. SEC. 4. Section 10199.1 of the Insurance Code is amended to read: 10199.1. (a) (1) An insurer or nonprofit hospital service plan or administrator acting on its behalf shall not terminate a group master policy or contract providing hospital, medical, or surgical benefits, increase premiums or charges therefor, reduce or eliminate benefits thereunder, or restrict eligibility for coverage thereunder without providing prior notice of that action. The action shall not become effective unless written notice of the action was delivered by mail to the last known address of the appropriate insurance producer and the appropriate administrator, if any, at least 45 days prior to the effective date of the action and to the last known address of the group policyholder or group contractholder at least 60 days prior to the effective date of the action. If nonemployee certificate holders or employees of more than one employer are covered under the policy or contract, written notice shall also be delivered by mail to the last known address of each nonemployee certificate holder or affected employer or, if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. (2) The notice delivered pursuant to paragraph (1) for large group health insurance policies shall also include the following information: (A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. (B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. (C) Whether the rate change includes any portion of the excise tax paid by the health insurer. (b) A holder of a master group policy or a master group nonprofit hospital service plan contract or administrator acting on its behalf shall not terminate the coverage of, increase premiums or charges for, or reduce or eliminate benefits available to, or restrict eligibility for coverage of a covered person, employer unit, or class of certificate holders covered under the policy or contract for hospital, medical, or surgical benefits without first providing prior notice of the action. The action shall not become effective unless written notice was delivered by mail to the last known address of each affected nonemployee certificate holder or employer, or if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. (c) A health insurer that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law, the federal Patient Protection and Affordable Care Act (PPACA), requires the United States Secretary of Health and Human Services to establish a process for the annual review of unreasonable increases in premiums for health insurance coverage in which health insurance issuers submit to the secretary and the relevant state a justification for an unreasonable premium increase prior to implementation of the increase. The PPACA imposes an excise tax on a provider of applicable employer-sponsored health care coverage, if the aggregate cost of that coverage provided to an employee exceeds a specified dollar limit. Existing state law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer in the individual, small group, or large group markets to file rate information with the Department of Managed Health Care or the Department of Insurance. For large group plan contracts and policies, existing law requires a plan or insurer to file rate information with the respective department at least 60 days prior to implementing an unreasonable rate increase, as defined in PPACA. Existing law requires the plan or insurer to also disclose specified aggregate data with that rate filing. Existing law authorizes the respective department to review those filings, to report to the Legislature at least quarterly on all unreasonable rate filings, and to post on its Internet Web site a decision that an unreasonable rate increase is not justified or that a rate filing contains inaccurate information. Existing law requires prior notice, as specified, of changes to premium rates or coverage in order for those changes to be effective. This bill would add to the existing rate information requirement to further require large group health care service plans and health insurers to file with the respective department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The bill would require the notice of changes to premium rates or coverage for large group health plans and insurance policies to provide additional information regarding whether the rate change is greater than average rate increases approved by the California Health Benefit Exchange or by the Board of Administration of the Public Employees’ Retirement System, or would be subject to the excise tax described above. The bill would require the plan or insurer to file additional aggregate rate information with the respective department on or before October 1, 2016, and annually thereafter. The bill would require the respective department to conduct a public meeting regarding large group rate changes. The bill would require these meetings to occur annually after the respective department has reviewed the large group rate information required to be submitted annually by the plan or insurer, as specified. The bill would authorize a health care service plan or health insurer that exclusively contracts with no more than 2 medical groups to provide or arrange for professional medical services for enrollees or insureds to meet this requirement by disclosing its actual trend experience for the prior year using benefit categories that are the same or similar to those used by other plans or health insurers. Because a willful violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1374.21 of the Health and Safety Code is amended to read: 1374.21. (a) (1) A change in premium rates or changes in coverage stated in a group health care service plan contract shall not become effective unless the plan has delivered in writing a notice indicating the change or changes at least 60 days prior to the contract renewal effective date. (2) The notice delivered pursuant to paragraph (1) for large group health plans shall also include the following information: (A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. (B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. (C) Whether the rate change includes any portion of the excise tax paid by the health plan. (b) A health care service plan that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. SEC. 2. Section 1385.045 is added to the Health and Safety Code, to read: 1385.045. (a) For large group health care service plan contracts, each health plan shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of enrollees in each large group benefit design in the plan’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. (b) (1) A plan shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. (2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. (c) A health care service plan subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: (1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: (A) Plan year. (B) Segment type, including whether the rate is community rated, in whole or in part. (C) Product type. (D) Number of enrollees. (E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. (2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: (A) Geographic region. (B) Age, including age rating factors. (C) Occupation. (D) Industry. (E) Health status factors, including, but not limited to, experience and utilization. (F) Employee, and employee and dependents, including a description of the family composition used. (G) Enrollees’ share of premiums. (H) Enrollees’ cost sharing. (I) Covered benefits in addition to basic health care services, as defined in Section 1345, and other benefits mandated under this article. (J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. (K) Any other factor that affects the rate that is not otherwise specified. (3) (A) The plan’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same as, or similar to, those used by other plans. (B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual plan contract trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health plan that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the enrollees of the plan shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other plans. (C) A comparison of the aggregate per enrollee per month costs and rate of changes over the last five years for each of the following: (i) Premiums. (ii) Claims costs, if any. (iii) Administrative expenses. (iv) Taxes and fees. (D) Any changes in enrollee cost sharing over the prior year associated with the submitted rate information, including both of the following: (i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. (ii) Any aggregate changes in enrollee cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of enrollees. (E) Any changes in enrollee benefits over the prior year, including a description of benefits added or eliminated, as well as any aggregate changes, as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. (F) Any cost containment and quality improvement efforts since the plan’s prior year’s information pursuant to this section for the same category of health benefit plan. To the extent possible, the plan shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. (G) The number of products covered by the information that incurred the excise tax paid by the health plan. (d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 1385.07. SEC. 3. Section 10181.45 is added to the Insurance Code, to read: 10181.45. (a) For large group health insurance policies, each health insurer shall file with the department the weighted average rate increase for all large group benefit designs during the 12-month period ending January 1 of the following calendar year. The average shall be weighted by the number of insureds in each large group benefit design in the insurer’s large group market and adjusted to the most commonly sold large group benefit design by enrollment during the 12-month period. For the purposes of this section, the large group benefit design includes, but is not limited to, benefits such as basic health care services and prescription drugs. The large group benefit design shall not include cost sharing, including, but not limited to, deductibles, copays, and coinsurance. (b) (1) A health insurer shall also submit any other information required pursuant to any regulation adopted by the department to comply with this article. (2) The department shall conduct an annual public meeting regarding large group rates within three months of posting the aggregate information described in this section in order to permit a public discussion of the reasons for the changes in the rates, benefits, and cost sharing in the large group market. The meeting shall be held in either the Los Angeles area or the San Francisco Bay area. (c) A health insurer subject to subdivision (a) shall also disclose the following for the aggregate rate information for the large group market submitted under this section: (1) For rates effective during the 12-month period ending January 1 of the following year, number and percentage of rate changes reviewed by the following: (A) Plan year. (B) Segment type, including whether the rate is community rated, in whole or in part. (C) Product type. (D) Number of insureds. (E) The number of products sold that have materially different benefits, cost sharing, or other elements of benefit design. (2) For rates effective during the 12-month period ending January 1 of the following year, any factors affecting the base rate, and the actuarial basis for those factors, including all of the following: (A) Geographic region. (B) Age, including age rating factors. (C) Occupation. (D) Industry. (E) Health status factors, including, but not limited to, experience and utilization. (F) Employee, and employee and dependents, including a description of the family composition used. (G) Insureds’ share of premiums. (H) Insureds’ cost sharing. (I) Covered benefits in addition to basic health care services, as defined in Section 1345 of the Health and Safety Code, and other benefits mandated under this article. (J) Which market segment, if any, is fully experience rated and which market segment, if any, is in part experience rated and in part community rated. (K) Any other factor that affects the rate that is not otherwise specified. (3) (A) The insurer’s overall annual medical trend factor assumptions for all benefits and by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology for the applicable 12-month period ending January 1 of the following year. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the health insurer’s insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories, to the maximum extent possible, that are the same or similar to those used by other insurers. (B) The amount of the projected trend separately attributable to the use of services, price inflation, and fees and risk for annual policy trends by aggregate benefit category, including hospital inpatient, hospital outpatient, physician services, prescription drugs and other ancillary services, laboratory, and radiology. A health insurer that exclusively contracts with no more than two medical groups in the state to provide or arrange for professional medical services for the insureds shall instead disclose the amount of its actual trend experience for the prior contract year by aggregate benefit category, using benefit categories that are, to the maximum extent possible, the same or similar to those used by other insurers. (C) A comparison of the aggregate per insured per month costs and rate of changes over the last five years for each of the following: (i) Premiums. (ii) Claims costs, if any. (iii) Administrative expenses. (iv) Taxes and fees. (D) Any changes in insured cost sharing over the prior year associated with the submitted rate information, including both of the following: (i) Actual copays, coinsurance, deductibles, annual out of pocket maximums, and any other cost sharing by the benefit categories determined by the department. (ii) Any aggregate changes in insured cost sharing over the prior years as measured by the weighted average actuarial value, weighted by the number of insureds. (E) Any changes in insured benefits over the prior year, including a description of benefits added or eliminated as well as any aggregate changes as measured as a percentage of the aggregate claims costs, listed by the categories determined by the department. (F) Any cost containment and quality improvement efforts made since the insurer’s prior year’s information pursuant to this section for the same category of health insurer. To the extent possible, the insurer shall describe any significant new health care cost containment and quality improvement efforts and provide an estimate of potential savings together with an estimated cost or savings for the projection period. (G) The number of products covered by the information that incurred the excise tax paid by the health insurer. (d) The information required pursuant to this section shall be submitted to the department on or before October 1, 2016, and on or before October 1 annually thereafter. Information submitted pursuant to this section is subject to Section 10181.7. SEC. 4. Section 10199.1 of the Insurance Code is amended to read: 10199.1. (a) (1) An insurer or nonprofit hospital service plan or administrator acting on its behalf shall not terminate a group master policy or contract providing hospital, medical, or surgical benefits, increase premiums or charges therefor, reduce or eliminate benefits thereunder, or restrict eligibility for coverage thereunder without providing prior notice of that action. The action shall not become effective unless written notice of the action was delivered by mail to the last known address of the appropriate insurance producer and the appropriate administrator, if any, at least 45 days prior to the effective date of the action and to the last known address of the group policyholder or group contractholder at least 60 days prior to the effective date of the action. If nonemployee certificate holders or employees of more than one employer are covered under the policy or contract, written notice shall also be delivered by mail to the last known address of each nonemployee certificate holder or affected employer or, if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. (2) The notice delivered pursuant to paragraph (1) for large group health insurance policies shall also include the following information: (A) Whether the rate proposed to be in effect is greater than the average rate increase for individual market products negotiated by the California Health Benefit Exchange for the most recent calendar year for which the rates are final. (B) Whether the rate proposed to be in effect is greater than the average rate increase negotiated by the Board of Administration of the Public Employees’ Retirement System for the most recent calendar year for which the rates are final. (C) Whether the rate change includes any portion of the excise tax paid by the health insurer. (b) A holder of a master group policy or a master group nonprofit hospital service plan contract or administrator acting on its behalf shall not terminate the coverage of, increase premiums or charges for, or reduce or eliminate benefits available to, or restrict eligibility for coverage of a covered person, employer unit, or class of certificate holders covered under the policy or contract for hospital, medical, or surgical benefits without first providing prior notice of the action. The action shall not become effective unless written notice was delivered by mail to the last known address of each affected nonemployee certificate holder or employer, or if the action does not affect all employees and dependents of one or more employers, to the last known address of each affected employee certificate holder, at least 60 days prior to the effective date of the action. (c) A health insurer that declines to offer coverage to or denies enrollment for a large group applying for coverage shall, at the time of the denial of coverage, provide the applicant with the specific reason or reasons for the decision in writing, in clear, easily understandable language. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The California Health and Human Services Agency consists of the following departments: the California Department of Aging, the Department of Community Services and Development, the State Department of Developmental Services, the State Department of Health Care Services, the Department of Managed Health Care, the State Department of Public Health, the Department of Rehabilitation, the State Department of Social Services, and the State Department of State Hospitals. (b) The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, and the State Council on Developmental Disabilities. (c) California baby boomers are turning 65 years of age at the highest rate in the nation, and over 20 percent of California’s population will be 65 years of age or older by 2030. (d) Among persons 65 years of age and older, an estimated 70 percent will use long-term services and supports (LTSS). (e) Persons who are 85 years of age or older are the fastest growing segment of the United States population, and they are four times more likely to need LTSS than persons who are 65 years of age or older, but younger than 85 years of age. (f) People are living longer, and the aging population is increasingly diverse. (g) A report by the Senate Select Committee on Aging and Long Term Care on January 5, 2015, called, “A Shattered System: Reforming Long-Term Care in California. Envisioning and Implementing an IDEAL Long-Term Care System in California,” found that the state’s system of 112 aging and long-term care programs administered by 20 agencies and departments is almost impossible for consumers to navigate. (h) Other deficiencies of the system include the lack of person-centered care, poor transitions from hospital to home or to other institutions, limited access to a range of services that enable aging in place, deficiency of services and supports in rural areas, limited cultural competency, skilled workforce shortages across a range of disciplines, the lack of uniform data, the lack of a universal assessment tool, and limited caregiver supports. SEC. 2. Division 121 (commencing with Section 152000) is added to the Health and Safety Code, to read: DIVISION 121. Aging and Long-Term Care Services, Supports, and Program Coordination 152000. The Secretary of California Health and Human Services shall be responsible for all of the following: (a) Inter- and intra-agency coordination of state aging and long-term care services, supports, and programs. (b) Ensuring efficient and effective use of state funds. (c) Maximizing the drawdown, and the efficient and effective use of federal funds. 152001. There is hereby created a Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and consisting of the heads, or their designated representative, of all of the following: (a) The California Department of Aging. (b) The Department of Community Services and Development. (c) The Department of Consumer Affairs. (d) The Department of Food and Agriculture. (e) The Department of Human Resources. (f) The Department of Insurance. (g) The Department of Justice. (h) The Department of Motor Vehicles. (i) The Department of Rehabilitation. (j) The Department of Transportation. (k) The Department of Veterans Affairs. (l) The Emergency Medical Services Authority. (m) The Employment Development Department. (n) The Office of Health Information Integrity. (o) The Office of Law Enforcement Support. (p) The Office of Patient Advocate. (q) The Office of Statewide Health Planning and Development. (r) The Office of Systems Integration. (s) The State Department of Developmental Services. (t) The State Department of Health Care Services. (u) The State Department of Public Health. (v) The State Department of Social Services. 152002. (a) The secretary shall lead the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The strategic plan shall incorporate clear benchmarks and timelines for achieving the goals set forth in the strategic plan and a cost and benefit analysis for each goal or recommendation included in the plan. In developing the strategic plan, the council shall consult with all of the following: (1) Experts, researchers, practitioners, service providers, and facility operators in the field of aging and long-term care. (2) Consumer advocates and stakeholders, including the Olmstead Advisory Committee, the California Commission on Aging, area agencies on aging, the State Council on Developmental Disabilities, the California Foundation for Independent Living Centers, and the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. (3) Rural and urban communities, in order to identify infrastructure capacity issues, the need for uniform access standards for home and community-based services, and mechanisms for supporting coordination of regional and local service access and delivery. (4) The California Task Force on Family Caregiving, the findings and recommendations of which shall be incorporated into the strategic plan. (b) Technical support for the development of the strategic plan shall be provided by the Office of Health Equity in the State Department of Public Health and by the California Department of Aging. (c) The strategic plan shall address all of the following: (1) Integration and coordination of services that support independent living, aging in place, social and civic engagement, and preventive care. (2) Long-term care financing. (3) Managed care expansion and continuum of care. (4) Advanced planning for end-of-life care. (5) Elder justice. (6) Care guidelines for Alzheimer’s disease, dementia, Amyotrophic Lateral Sclerosis (ALS), and other debilitating diseases. (7) Caregiver support. (8) Data collection, consolidation, uniformity, analysis, and access. (9) Affordable housing. (10) Mobility. (11) Workforce. (12) The alignment of state programs with the federal Administration for Community Living. (13) The potential for integration and coordination of aging and long-term care services with services and supports for people with disabilities. (d) In developing the strategic plan, the council shall examine model programs in various cities, counties, and states. The strategic plan shall consider how to scale up local, regional, and state-level best practices and innovations designed to overcome the challenges related to long-term care services delivery. (e) Notwithstanding Section 10231.5 of the Government Code, the strategic plan shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly, to the appropriate chairs of the policy committees of the Legislature with jurisdiction over any aging and long-term care related issues, and to the chairs of the fiscal committees of the Legislature by July 1, 2018. 152003. The secretary may accept grants or donations, real or in-kind, to support the operation of the council and the development of the state aging and long-term care services strategic plan.

Existing law establishes the California Health and Human Services Agency consisting of the Departments of Aging, Child Support Services, Community Services and Development, Developmental Services, Health Care Services, Managed Health Care, Public Health, Rehabilitation, Social Services, and State Hospitals, among other entities. Existing law sets forth legislative findings and declarations regarding long-term care services, including that consumers of those services experience great differences in service levels, eligibility criteria, and service availability that often result in inappropriate and expensive care that is not responsive to individual needs. Those findings and declarations also state that the laws governing long-term care facilities have established an uncoordinated array of long-term care services that are funded and administered by a state structure that lacks necessary integration and focus. This bill, among other things, would create the Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and would consist of the heads, or their designated representative, of specified departments and offices. The secretary would have specified responsibilities, including, but not limited to, leading the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The bill would require the strategic plan to be submitted to the Secretary of the Senate, the Chief Clerk of the Assembly, and the chairs of specified policy and fiscal committees of the Legislature by July 1, 2018. The bill would authorize the Secretary of California Health and Human Services to accept grants or donations, real or in-kind, to support the operation of the Statewide Aging and Long-Term Care Services Coordinating Council and the development of the state aging and long-term care services strategic plan.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The California Health and Human Services Agency consists of the following departments: the California Department of Aging, the Department of Community Services and Development, the State Department of Developmental Services, the State Department of Health Care Services, the Department of Managed Health Care, the State Department of Public Health, the Department of Rehabilitation, the State Department of Social Services, and the State Department of State Hospitals. (b) The agency also includes the Emergency Medical Services Authority, the Office of Health Information Integrity, the Office of Patient Advocate, the Office of Statewide Health Planning and Development, the Office of Systems Integration, the Office of Law Enforcement Support, and the State Council on Developmental Disabilities. (c) California baby boomers are turning 65 years of age at the highest rate in the nation, and over 20 percent of California’s population will be 65 years of age or older by 2030. (d) Among persons 65 years of age and older, an estimated 70 percent will use long-term services and supports (LTSS). (e) Persons who are 85 years of age or older are the fastest growing segment of the United States population, and they are four times more likely to need LTSS than persons who are 65 years of age or older, but younger than 85 years of age. (f) People are living longer, and the aging population is increasingly diverse. (g) A report by the Senate Select Committee on Aging and Long Term Care on January 5, 2015, called, “A Shattered System: Reforming Long-Term Care in California. Envisioning and Implementing an IDEAL Long-Term Care System in California,” found that the state’s system of 112 aging and long-term care programs administered by 20 agencies and departments is almost impossible for consumers to navigate. (h) Other deficiencies of the system include the lack of person-centered care, poor transitions from hospital to home or to other institutions, limited access to a range of services that enable aging in place, deficiency of services and supports in rural areas, limited cultural competency, skilled workforce shortages across a range of disciplines, the lack of uniform data, the lack of a universal assessment tool, and limited caregiver supports. SEC. 2. Division 121 (commencing with Section 152000) is added to the Health and Safety Code, to read: DIVISION 121. Aging and Long-Term Care Services, Supports, and Program Coordination 152000. The Secretary of California Health and Human Services shall be responsible for all of the following: (a) Inter- and intra-agency coordination of state aging and long-term care services, supports, and programs. (b) Ensuring efficient and effective use of state funds. (c) Maximizing the drawdown, and the efficient and effective use of federal funds. 152001. There is hereby created a Statewide Aging and Long-Term Care Services Coordinating Council, chaired by the Secretary of California Health and Human Services, and consisting of the heads, or their designated representative, of all of the following: (a) The California Department of Aging. (b) The Department of Community Services and Development. (c) The Department of Consumer Affairs. (d) The Department of Food and Agriculture. (e) The Department of Human Resources. (f) The Department of Insurance. (g) The Department of Justice. (h) The Department of Motor Vehicles. (i) The Department of Rehabilitation. (j) The Department of Transportation. (k) The Department of Veterans Affairs. (l) The Emergency Medical Services Authority. (m) The Employment Development Department. (n) The Office of Health Information Integrity. (o) The Office of Law Enforcement Support. (p) The Office of Patient Advocate. (q) The Office of Statewide Health Planning and Development. (r) The Office of Systems Integration. (s) The State Department of Developmental Services. (t) The State Department of Health Care Services. (u) The State Department of Public Health. (v) The State Department of Social Services. 152002. (a) The secretary shall lead the council in the development of a state aging and long-term care services strategic plan to address how the state will meet the needs of the aging population in the years 2020, 2025, and 2030. The strategic plan shall incorporate clear benchmarks and timelines for achieving the goals set forth in the strategic plan and a cost and benefit analysis for each goal or recommendation included in the plan. In developing the strategic plan, the council shall consult with all of the following: (1) Experts, researchers, practitioners, service providers, and facility operators in the field of aging and long-term care. (2) Consumer advocates and stakeholders, including the Olmstead Advisory Committee, the California Commission on Aging, area agencies on aging, the State Council on Developmental Disabilities, the California Foundation for Independent Living Centers, and the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. (3) Rural and urban communities, in order to identify infrastructure capacity issues, the need for uniform access standards for home and community-based services, and mechanisms for supporting coordination of regional and local service access and delivery. (4) The California Task Force on Family Caregiving, the findings and recommendations of which shall be incorporated into the strategic plan. (b) Technical support for the development of the strategic plan shall be provided by the Office of Health Equity in the State Department of Public Health and by the California Department of Aging. (c) The strategic plan shall address all of the following: (1) Integration and coordination of services that support independent living, aging in place, social and civic engagement, and preventive care. (2) Long-term care financing. (3) Managed care expansion and continuum of care. (4) Advanced planning for end-of-life care. (5) Elder justice. (6) Care guidelines for Alzheimer’s disease, dementia, Amyotrophic Lateral Sclerosis (ALS), and other debilitating diseases. (7) Caregiver support. (8) Data collection, consolidation, uniformity, analysis, and access. (9) Affordable housing. (10) Mobility. (11) Workforce. (12) The alignment of state programs with the federal Administration for Community Living. (13) The potential for integration and coordination of aging and long-term care services with services and supports for people with disabilities. (d) In developing the strategic plan, the council shall examine model programs in various cities, counties, and states. The strategic plan shall consider how to scale up local, regional, and state-level best practices and innovations designed to overcome the challenges related to long-term care services delivery. (e) Notwithstanding Section 10231.5 of the Government Code, the strategic plan shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly, to the appropriate chairs of the policy committees of the Legislature with jurisdiction over any aging and long-term care related issues, and to the chairs of the fiscal committees of the Legislature by July 1, 2018. 152003. The secretary may accept grants or donations, real or in-kind, to support the operation of the council and the development of the state aging and long-term care services strategic plan. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Quality, affordable child care is essential to prepare California’s children to succeed in school and in life and to allow families to work and contribute to the state’s economy with the assurance that their children are safe, well cared for, and learning. (b) Family child care is the child care setting of choice for many families because of its warm homelike environment, convenience, and affordability. The flexibility offered by many family child care providers is particularly vital to low-wage workers who are subject to highly unpredictable work schedules, and to the many California workers who work nontraditional hours and need child care on evenings, overnights, and weekends. Close to 40 percent of licensed family child care homes offer evening, weekend, and overnight care, compared with only 2 percent of centers. (c) Family child care providers are small business owners who contribute significantly to the economies of their communities and the state. As businesses, family child care providers are engines for economic growth, generating 100,000 direct and indirect jobs, three billion five hundred million dollars ($3,500,000,000) in economic output, and five hundred fifty million dollars ($550,000,000) in tax revenues. Family child care providers also contribute to the economy by serving as a vital job support for working families. (d) Family child care providers face significant health and safety risks on the job, and will thus benefit from training on occupational safety and health. (e) Giving family child care providers training on how to better navigate the state-funded child care system, including how to become licensed, will result in a more efficient and cost-effective system for family child care providers, families, and the state. (f) California currently does not have a single list of all family child care providers who participate in the state-funded child care program. Creating such a list will enable the state to track and ensure compliance with training and background check requirements. Making that list available to provider organizations that will enable family child care providers to meet one another, be informed about training opportunities, and form and build organizations will allow them to share their common concerns and advocate to improve the quality, access, and stability of child care available to California’s children and families. This will allow the state to maximize its return on its investment in child care. SEC. 2. Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article 19.5. Raising Child Care Quality Act 8430. This article shall be known, and may be cited, as the Raising Child Care Quality Act. 8431. The purpose of this article is to ensure that family child care providers receive orientation training on subjects including occupational health and safety practices and standards and the state’s early learning foundations, and to make it more possible for family child care providers to be informed about training opportunities and to form and join provider organizations to share their common concerns and advocate for improvements to the state-funded child care system. 8432. As used in this article: (a) “Family child care provider” or “provider” means a child care provider that participates in a state-funded child care program and is either of the following: (1) A family day care home provider, as described in Section 1596.78 of the Health and Safety Code, who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. (2) An individual who meets both of the following criteria: (A) Provides child care in his or her own home or in the home of the child receiving care. (B) Is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code. (b) “Provider organization” means an organization that has all of the following characteristics: (1) Includes family child care providers as members. (2) Has as one of its main purposes the representation of family child care providers in their relations with public or private entities in California or in advancing the concerns of providers regarding the terms of their participation in state-funded child care programs. (3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. (c) “State-funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. 8433. (a) To ensure that family child care providers have the opportunity to receive substantive training on topics including health and safety standards for child care workers, child care subsidy program functioning, and the state’s early learning foundations, the State Department of Education shall ensure that all family child care providers attend an in-person orientation training. Providers who are new to the state-funded child care program shall complete the orientation training within three months after they begin participating in the state-funded child care program. Providers who are already participating in the state-funded child care program shall complete the orientation training within two years after it is first offered. Other child care providers who are not family child care providers or who do not participate in the state-funded child care program may also be invited to attend the orientation training at no cost to the providers personally. (b) Family child care providers shall be compensated for their time attending the orientation training. The orientation training shall be offered at times and in community-based settings that are convenient and accessible to family child care providers. (c) If a substantial number of the family child care providers participating in the state-funded child care program in a given county are non-English speaking, some orientation training, including written material distributed at the training, in that county shall be provided in the languages spoken by a substantial number of family child care providers, in order to facilitate full participation from all providers. (d) Alternatives to in-person orientation training shall be offered on a case-by-case basis for providers who have been unable to attend an orientation training within two years after the training is first offered, or within three months after the family child care provider begins participating in the state-funded child care program. (e) An orientation training shall include at least four hours of instruction, which shall be in addition to training currently offered by resource and referral programs, and which is intended to count towards satisfying pre-service or orientation training requirements of federal law. The orientation training shall include information about all of the following: (1) Minimum health and safety standards, including emergency preparedness and response planning. (2) Occupational health and safety for family child care providers, including information about injuries, infectious diseases, environmental risks, and job-related stress. (3) Information about the state-funded child care program, including the referral and listing process of resource and referral agencies, alternative payment programs, including family approval and payment processes, timelines, appeals processes, licensing guidelines, and the process for becoming a licensed family child care provider. (4) Information about the state’s early learning foundations and how they align with K–5 standards. (5) Information on resources available to providers and the children and families they serve, including all of the following: (A) The federal Child and Adult Care Food Program. (B) The state early intervention system, First 5 county commissions, and other sources of available training and resources, particularly related to child development, literacy, and alignment with K–5 standards. (C) Information from provider organizations that notify the State Department of Education they would like to make presentations at or include information about their organizations at an orientation training. These programs or organizations may deliver this information through brief presentations as part of the orientation training. (f) The State Department of Education shall offer the orientation training either directly or through contracts. The occupational safety and health portion of the training shall be offered through contracts with a statewide organization that has expertise about the state-funded child care program, that includes family child care providers as members, and that is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. The remainder of the training shall be offered primarily with local resource and referral programs, as defined in subdivision (x) of Section 8208. (g) Only curriculum approved by the State Department of Education may be used to fulfill the training requirements specified in this section. In order to ensure that the occupational safety and health portion of the training reflects providers’ needs and the realities of their work with regard to the occupational safety and health portion of the training, the State Department of Education shall only approve training curriculum that has been developed with input from family child care providers or their representatives. (h) The Superintendent may adopt rules and regulations regarding the orientation training required under this section. The Superintendent may consult with other appropriate entities, including provider organizations and other early education and care advocates, representatives of community colleges, higher education institutions, resource and referral networks, First 5 county commissions, organizations that operate training programs or apprenticeship programs, and early education and care employers in developing these rules and regulations. 8434. (a) Within 10 days of receipt of a request from a provider organization, the State Department of Social Services shall make available to that provider organization information regarding family child care providers described in paragraph (1) of subdivision (a) of Section 8432, including each provider’s name, home address, mailing address, telephone number, email address, if known, and license number. (b) Within 30 days of receipt of a request from a provider organization, the State Department of Education, with the assistance of the State Department of Social Services and any state department or agency, or its contractor or subcontractor, in possession of the relevant information, shall collect information regarding family child care providers, including each provider’s name, home address, mailing address, telephone number, email address, if known, unique provider identification number, if applicable, and shall make that information available to the provider organization. The provider organization shall bear the reasonable costs of collecting the information described in this subdivision to the extent that the state is not already collecting it and is not already required by federal or state law or regulation to collect it, with any such payment going to reimburse the state departments, agencies, contractors, or subcontractors that incurred the costs of compiling the list. It is the intent of the Legislature that this list will assist the State Department of Social Services and the State Department of Education and their contractors in tracking provider compliance. (c) A provider organization under this article shall be considered a family day care organization for purposes of subdivisions (b) and (c) of Section 1596.86 of the Health and Safety Code. All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code apply to provider organizations and shall apply also to protect the personal information of family child care providers as defined in paragraph (2) of subdivision (a) of Section 8432. (d) Information provided pursuant to this section shall be used only for purposes of advocating on behalf of family child care providers and educating them on their rights and services available to them. (e) Upon written request of a family child care provider, the State Department of Education and the State Department of Social Services shall remove the family child care provider’s home address and home telephone number from the mailing lists referenced in subdivisions (a) and (b) before the release of the lists. 8435. The requirements of this article are contingent upon appropriation of funds for purposes of this article in the annual Budget Act or another statute.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of family day care homes by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. This bill would require the State Department of Education to ensure that all family child care providers, as defined, attend an in-person orientation training, as provided. The bill would require the orientation training to include at least 4 hours of instruction and include specified information, including minimum health and safety standards, as provided. The bill would authorize the Superintendent to adopt rules and regulations regarding the orientation training. The bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family child care providers available to provider organizations, and would require the provider organization requesting the information to bear the costs of collecting the information, as provided. The bill would provide that the above provisions are contingent upon an appropriation of funds for these purposes in the annual Budget Act or another statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Quality, affordable child care is essential to prepare California’s children to succeed in school and in life and to allow families to work and contribute to the state’s economy with the assurance that their children are safe, well cared for, and learning. (b) Family child care is the child care setting of choice for many families because of its warm homelike environment, convenience, and affordability. The flexibility offered by many family child care providers is particularly vital to low-wage workers who are subject to highly unpredictable work schedules, and to the many California workers who work nontraditional hours and need child care on evenings, overnights, and weekends. Close to 40 percent of licensed family child care homes offer evening, weekend, and overnight care, compared with only 2 percent of centers. (c) Family child care providers are small business owners who contribute significantly to the economies of their communities and the state. As businesses, family child care providers are engines for economic growth, generating 100,000 direct and indirect jobs, three billion five hundred million dollars ($3,500,000,000) in economic output, and five hundred fifty million dollars ($550,000,000) in tax revenues. Family child care providers also contribute to the economy by serving as a vital job support for working families. (d) Family child care providers face significant health and safety risks on the job, and will thus benefit from training on occupational safety and health. (e) Giving family child care providers training on how to better navigate the state-funded child care system, including how to become licensed, will result in a more efficient and cost-effective system for family child care providers, families, and the state. (f) California currently does not have a single list of all family child care providers who participate in the state-funded child care program. Creating such a list will enable the state to track and ensure compliance with training and background check requirements. Making that list available to provider organizations that will enable family child care providers to meet one another, be informed about training opportunities, and form and build organizations will allow them to share their common concerns and advocate to improve the quality, access, and stability of child care available to California’s children and families. This will allow the state to maximize its return on its investment in child care. SEC. 2. Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article 19.5. Raising Child Care Quality Act 8430. This article shall be known, and may be cited, as the Raising Child Care Quality Act. 8431. The purpose of this article is to ensure that family child care providers receive orientation training on subjects including occupational health and safety practices and standards and the state’s early learning foundations, and to make it more possible for family child care providers to be informed about training opportunities and to form and join provider organizations to share their common concerns and advocate for improvements to the state-funded child care system. 8432. As used in this article: (a) “Family child care provider” or “provider” means a child care provider that participates in a state-funded child care program and is either of the following: (1) A family day care home provider, as described in Section 1596.78 of the Health and Safety Code, who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. (2) An individual who meets both of the following criteria: (A) Provides child care in his or her own home or in the home of the child receiving care. (B) Is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code. (b) “Provider organization” means an organization that has all of the following characteristics: (1) Includes family child care providers as members. (2) Has as one of its main purposes the representation of family child care providers in their relations with public or private entities in California or in advancing the concerns of providers regarding the terms of their participation in state-funded child care programs. (3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. (c) “State-funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. 8433. (a) To ensure that family child care providers have the opportunity to receive substantive training on topics including health and safety standards for child care workers, child care subsidy program functioning, and the state’s early learning foundations, the State Department of Education shall ensure that all family child care providers attend an in-person orientation training. Providers who are new to the state-funded child care program shall complete the orientation training within three months after they begin participating in the state-funded child care program. Providers who are already participating in the state-funded child care program shall complete the orientation training within two years after it is first offered. Other child care providers who are not family child care providers or who do not participate in the state-funded child care program may also be invited to attend the orientation training at no cost to the providers personally. (b) Family child care providers shall be compensated for their time attending the orientation training. The orientation training shall be offered at times and in community-based settings that are convenient and accessible to family child care providers. (c) If a substantial number of the family child care providers participating in the state-funded child care program in a given county are non-English speaking, some orientation training, including written material distributed at the training, in that county shall be provided in the languages spoken by a substantial number of family child care providers, in order to facilitate full participation from all providers. (d) Alternatives to in-person orientation training shall be offered on a case-by-case basis for providers who have been unable to attend an orientation training within two years after the training is first offered, or within three months after the family child care provider begins participating in the state-funded child care program. (e) An orientation training shall include at least four hours of instruction, which shall be in addition to training currently offered by resource and referral programs, and which is intended to count towards satisfying pre-service or orientation training requirements of federal law. The orientation training shall include information about all of the following: (1) Minimum health and safety standards, including emergency preparedness and response planning. (2) Occupational health and safety for family child care providers, including information about injuries, infectious diseases, environmental risks, and job-related stress. (3) Information about the state-funded child care program, including the referral and listing process of resource and referral agencies, alternative payment programs, including family approval and payment processes, timelines, appeals processes, licensing guidelines, and the process for becoming a licensed family child care provider. (4) Information about the state’s early learning foundations and how they align with K–5 standards. (5) Information on resources available to providers and the children and families they serve, including all of the following: (A) The federal Child and Adult Care Food Program. (B) The state early intervention system, First 5 county commissions, and other sources of available training and resources, particularly related to child development, literacy, and alignment with K–5 standards. (C) Information from provider organizations that notify the State Department of Education they would like to make presentations at or include information about their organizations at an orientation training. These programs or organizations may deliver this information through brief presentations as part of the orientation training. (f) The State Department of Education shall offer the orientation training either directly or through contracts. The occupational safety and health portion of the training shall be offered through contracts with a statewide organization that has expertise about the state-funded child care program, that includes family child care providers as members, and that is not an entity that contracts with the state or a county to administer or process payments for a state-funded child care program. The remainder of the training shall be offered primarily with local resource and referral programs, as defined in subdivision (x) of Section 8208. (g) Only curriculum approved by the State Department of Education may be used to fulfill the training requirements specified in this section. In order to ensure that the occupational safety and health portion of the training reflects providers’ needs and the realities of their work with regard to the occupational safety and health portion of the training, the State Department of Education shall only approve training curriculum that has been developed with input from family child care providers or their representatives. (h) The Superintendent may adopt rules and regulations regarding the orientation training required under this section. The Superintendent may consult with other appropriate entities, including provider organizations and other early education and care advocates, representatives of community colleges, higher education institutions, resource and referral networks, First 5 county commissions, organizations that operate training programs or apprenticeship programs, and early education and care employers in developing these rules and regulations. 8434. (a) Within 10 days of receipt of a request from a provider organization, the State Department of Social Services shall make available to that provider organization information regarding family child care providers described in paragraph (1) of subdivision (a) of Section 8432, including each provider’s name, home address, mailing address, telephone number, email address, if known, and license number. (b) Within 30 days of receipt of a request from a provider organization, the State Department of Education, with the assistance of the State Department of Social Services and any state department or agency, or its contractor or subcontractor, in possession of the relevant information, shall collect information regarding family child care providers, including each provider’s name, home address, mailing address, telephone number, email address, if known, unique provider identification number, if applicable, and shall make that information available to the provider organization. The provider organization shall bear the reasonable costs of collecting the information described in this subdivision to the extent that the state is not already collecting it and is not already required by federal or state law or regulation to collect it, with any such payment going to reimburse the state departments, agencies, contractors, or subcontractors that incurred the costs of compiling the list. It is the intent of the Legislature that this list will assist the State Department of Social Services and the State Department of Education and their contractors in tracking provider compliance. (c) A provider organization under this article shall be considered a family day care organization for purposes of subdivisions (b) and (c) of Section 1596.86 of the Health and Safety Code. All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code apply to provider organizations and shall apply also to protect the personal information of family child care providers as defined in paragraph (2) of subdivision (a) of Section 8432. (d) Information provided pursuant to this section shall be used only for purposes of advocating on behalf of family child care providers and educating them on their rights and services available to them. (e) Upon written request of a family child care provider, the State Department of Education and the State Department of Social Services shall remove the family child care provider’s home address and home telephone number from the mailing lists referenced in subdivisions (a) and (b) before the release of the lists. 8435. The requirements of this article are contingent upon appropriation of funds for purposes of this article in the annual Budget Act or another statute. ### Summary: This bill would enact the “Raising Child Care Quality Act,” which would enact new provisions of law relating to family child care providers. The bill would require the State

The people of the State of California do enact as follows: SECTION 1. Section 320.6 is added to the Penal Code, to read: 320.6. (a) Notwithstanding Section 320.5, this section shall apply to an eligible organization, as defined in subdivision (c). (b) A raffle conducted by an eligible organization, as defined in subdivision (c), for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, that performs beneficial or charitable purposes may be conducted in accordance with this section. (c) For purposes of this section, “eligible organization” means a private, nonprofit organization established by, or affiliated with, a team from the Major League Baseball, National Hockey League, National Basketball Association, National Football League, Women’s National Basketball Association, or Major League Soccer, or a private, nonprofit organization established by the Professional Golfers’ Association of America, Ladies Professional Golf Association, or National Association for Stock Car Auto Racing that has been qualified to conduct business in California for at least one year before conducting a raffle, is qualified for an exemption under Section 501(c)(3) of the Internal Revenue Code, and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code. (d) For purposes of this section, “raffle” means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, in which all of the following are true: (1) Each ticket sold contains a unique and matching identifier. (2) (A) Winners of the prizes are determined by a manual draw from tickets described in paragraph (1) that have been sold for entry in the manual draw. (B) An electronic device may be used to sell tickets. The ticket receipt issued by the electronic device to the purchaser may include more than one unique and matching identifier, representative of and matched to the number of tickets purchased in a single transaction. (C) A random number generator is not used for the manual draw or to sell tickets. (D) The prize paid to the winner is comprised of one-half or 50 percent of the gross receipts generated from the sale of raffle tickets for a raffle. (3) The manual draw is conducted in California under the supervision of a natural person who meets all of the following requirements: (A) The person is 18 years of age or older. (B) The person is affiliated with the eligible organization conducting the raffle. (C) The person is registered with the Department of Justice pursuant to paragraph (4) of subdivision (o). (4) (A) Fifty percent of the gross receipts generated from the sale of raffle tickets for any given manual draw are used by the eligible organization conducting the raffle to benefit or provide support for beneficial or charitable purposes, or used to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c) of Section 320.5. As used in this section, “beneficial purposes” excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. Funds raised by raffles conducted pursuant to this section shall not be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle. (B) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers’ compensation under Section 3351 of the Labor Code if the following conditions are satisfied: (i) Substantially all of the remuneration, whether or not paid in cash, for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. (ii) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers’ compensation purposes. (C) For purposes of this section, an employee selling raffle tickets shall be deemed to be a direct seller as described in Section 650 of the Unemployment Insurance Code as long as he or she meets the requirements of that section. (e) A person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. (f) A raffle ticket shall not be sold in exchange for Bitcoin or any other cryptocurrency. (g) A raffle otherwise permitted under this section shall not be conducted by means of, or otherwise utilize, any gaming machine that meets the definition of slot machine contained in Section 330a, 330b, or 330.1. (h) (1) A raffle otherwise permitted under this section shall not be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). (2) A raffle shall not be operated or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this paragraph, an eligible organization shall not be deemed to operate or conduct a raffle over the Internet, or sell raffle tickets over the Internet, if the eligible organization advertises its raffle on the Internet or permits others to do so. Information that may be conveyed on an Internet Web site pursuant to this paragraph includes, but is not limited to, all of the following: (A) Lists, descriptions, photographs, or videos of the raffle prizes. (B) Lists of the prize winners. (C) The rules of the raffle. (D) Frequently asked questions and their answers. (E) Raffle entry forms, which may be downloaded from the Internet Web site for manual completion by raffle ticket purchasers, but shall not be submitted to the eligible organization through the Internet. (F) Raffle contact information, including the eligible organization’s name, address, telephone number, facsimile number, or email address. (i) An individual, corporation, partnership, or other legal entity shall not hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to subdivisions (b) and (d). (j) (1) An eligible organization may conduct a major league sports raffle only at a home game. (2) An eligible organization shall not conduct more than one major league sports raffle per home game. (k) An employee shall not sell raffle tickets in any seating area designated as a family section. (l) An eligible organization shall disclose to all ticket purchasers the designated private, nonprofit, eligible organization for which the raffle is being conducted. (m) An eligible organization that conducts a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall distribute all proceeds not paid out to the winners of the prizes to the private, nonprofit organization within 15 days of conducting the raffle, in accordance with this section. (n) Any raffle prize remaining unclaimed by a winner at the end of the season for a team with an affiliated eligible organization that conducted a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall be donated within 30 days from the end of the season by the eligible organization to the designated private, nonprofit organization for which the raffle was conducted. (o) (1) (A) An eligible organization shall not conduct a raffle authorized under this section, unless it has a valid registration issued by the Department of Justice. The department shall furnish a registration form via the Internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, the following: (i) The name and address of the eligible organization. (ii) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. (iii) The name and title of a responsible fiduciary of the organization. (B) (i) The department may require an eligible organization to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. (ii) An eligible organization shall pay, in addition to the annual registration application fee, one hundred dollars ($100) for every individual raffle conducted at an eligible location to cover the reasonable costs of the department to administer and enforce this section. This fee shall be submitted in conjunction with the annual registration form. (2) (A) A manufacturer or distributor of raffle-related products or services shall not conduct business with an eligible organization for purposes of conducting a raffle pursuant to this section unless the manufacturer or distributor has a valid annual registration issued by the department. (B) The department may require a manufacturer or distributor of raffle-related products or services to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. (3) An eligible organization shall register the equipment used in the sale and distribution of raffle tickets, and shall have the equipment tested by an independent gaming testing lab. (4) (A) A person affiliated with an eligible organization who conducts the manual draw shall annually register with the department. (B) The department may require a person affiliated with an eligible organization who conducts the manual draw to pay a minimum annual registration fee of ten dollars ($10) to cover the reasonable costs of the department to administer and enforce this section. (5) The department may, by regulation, adjust the annual registration fees described in this section as needed to ensure that revenues will fully offset, but not exceed, the reasonable costs incurred by the department pursuant to this section. The fees shall be deposited by the department into the General Fund. (6) The department shall receive moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. (7) The department shall adopt, on or before June 1, 2016, regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (8) The department shall maintain an automated database of all registrants. (9) A local law enforcement agency shall notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. (10) The department may investigate all suspected violations of this section or any regulation adopted pursuant to this section, or any activity that the registrant has engaged in that is not in the best interests of the public’s health, safety, or general welfare as it pertains to charitable raffles. (11) The department may audit the records and other documents of a registrant to ensure compliance with this section, and may charge a registrant the direct costs associated with an audit conducted pursuant to this paragraph. (12) (A) Once registered, an eligible organization shall file annually thereafter with the department a report that includes all of the following information for each of the eligible organization’s last three fiscal years: (i) The aggregate gross receipts from the operation of raffles. (ii) The aggregate direct costs incurred by the eligible organization from the operation of raffles. (iii) The charitable or beneficial purposes for which proceeds of the raffles were used. (iv) The aggregate distributions of proceeds from the operation of raffles made to directly support beneficial or charitable purposes, other than beneficial or charitable purposes undertaken by the eligible organization, or eligible recipient organizations, under subdivision (c) of Section 320.5. (v) The aggregate distributions of proceeds from the operation of raffles made to raffle winners. (vi) The aggregate distributions of proceeds from the operation of raffles made to any other organizations, or for any other purposes, other than those included in clauses (ii), (iv), and (v). (vii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. (viii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are affiliated with the eligible organization. (ix) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to any other organization not included under clause (vii) or (viii), or for beneficial or charitable purposes undertaken by the eligible organization. (x) The aggregate gross receipts from activities other than the operation of raffles. (xi) The aggregate costs incurred by the eligible organization from activities other than the operation of raffles. (xii) The aggregate distributions of funds other than proceeds from the operation of raffles made to directly support beneficial or charitable purposes or eligible recipient organizations under subdivision (c) of Section 320.5. (xiii) The aggregate distributions of funds other than proceeds from the operation of raffles for purposes other than those listed in clauses (xi) and (xii). (xiv) A schedule of distributions of funds other than proceeds from the operation of raffles made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. (xv) A schedule of distributions of funds other than proceeds from the operation of raffles made to any other organization not included under clause (xiv), or for beneficial or charitable purposes undertaken by the eligible organization. (B) Failure to submit the annual report to the department as required in this paragraph shall be grounds for denial of an annual registration. (C) The department shall make the reports required by this paragraph available to the public via the online search portal of the Attorney General’s Registry of Charitable Trusts maintained pursuant to Section 12584 of the Government Code. (13) The department shall annually furnish to registrants a form to collect this information. (p) The department may take legal action against a registrant if it determines that the registrant has violated this section or a regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public’s health, safety, or general welfare. An action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. (q) An action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant, shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek civil remedies, including imposing fines, for violations of this section, and may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. A violation of this section shall not constitute a crime. (r) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date.

The California Constitution authorizes the Legislature to permit private, nonprofit, eligible organizations to conduct raffles as a funding mechanism to support beneficial and charitable works, if, among other conditions, at least 90% of the gross receipts from the raffle go directly to beneficial or charitable purposes in California. The California Constitution further authorizes the Legislature to amend the percentage of gross receipts required to be dedicated to beneficial or charitable purposes by a statute passed by a 2/3 vote of each house of the Legislature. Existing statutory law implements those provisions and requires the Department of Justice to administer and enforce those provisions. This bill would authorize a major league sports raffle at a home game conducted by an eligible organization, as defined, for the purpose of directly supporting specified beneficial or charitable purposes in California, or financially supporting another private, nonprofit, eligible organization, as defined, that performs those purposes if, among other requirements, each ticket sold contains a unique and matching identifier, 50% of the gross receipts generated from the sale of raffle tickets are used to benefit or provide support for beneficial or charitable purposes, as defined, the other 50% is paid to the winner, and the winners of the prizes are determined by a manual draw, as specified. The bill would authorize an electronic device to be used to sell tickets. The bill would prohibit the use of a random number generator for the manual draw or sale of tickets. This bill would define an eligible organization as a private, nonprofit organization established by, or affiliated with, a team from specified sports organizations that has been qualified to conduct business in California for at least one year before conducting a raffle and is exempt from taxation pursuant to specified provisions of federal and California law. The bill would require, if an eligible organization conducts a raffle for purposes of financially supporting another private, nonprofit, eligible organization, the eligible organization conducting the raffle to distribute to the other eligible organization all proceeds not paid out to the winners within 15 days of conducting the raffle. The bill would require an eligible organization to disclose to all ticket purchasers the designated private, nonprofit organization for which the raffle is being conducted. This bill would also prohibit an eligible organization from conducting a raffle, and a manufacturer or distributor of raffle-related products or services from conducting business with an eligible organization for purposes of conducting a raffle pursuant to these provisions, without first having obtained and thereafter maintained a registration from the Department of Justice, as specified. Once registered, the bill would require an eligible organization to file annually thereafter with the department a report that includes specified information for each of the eligible organization’s last 3 fiscal years, and would require the department to make those reports available online, as provided. This bill would require the department to adopt, on or before June 1, 2016, regulations to enforce these provisions, would authorize the department to assess annual registration fees, as specified, to be deposited in the General Fund to cover the reasonable costs of establishing and operating this registration system, and would require the department to maintain a database of registrants and conduct specified proceedings in compliance with the Administrative Procedure Act. The bill would repeal its provisions on December 31, 2018.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 320.6 is added to the Penal Code, to read: 320.6. (a) Notwithstanding Section 320.5, this section shall apply to an eligible organization, as defined in subdivision (c). (b) A raffle conducted by an eligible organization, as defined in subdivision (c), for the purpose of directly supporting beneficial or charitable purposes or financially supporting another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, that performs beneficial or charitable purposes may be conducted in accordance with this section. (c) For purposes of this section, “eligible organization” means a private, nonprofit organization established by, or affiliated with, a team from the Major League Baseball, National Hockey League, National Basketball Association, National Football League, Women’s National Basketball Association, or Major League Soccer, or a private, nonprofit organization established by the Professional Golfers’ Association of America, Ladies Professional Golf Association, or National Association for Stock Car Auto Racing that has been qualified to conduct business in California for at least one year before conducting a raffle, is qualified for an exemption under Section 501(c)(3) of the Internal Revenue Code, and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code. (d) For purposes of this section, “raffle” means a scheme for the distribution of prizes by chance among persons who have paid money for paper tickets that provide the opportunity to win these prizes, in which all of the following are true: (1) Each ticket sold contains a unique and matching identifier. (2) (A) Winners of the prizes are determined by a manual draw from tickets described in paragraph (1) that have been sold for entry in the manual draw. (B) An electronic device may be used to sell tickets. The ticket receipt issued by the electronic device to the purchaser may include more than one unique and matching identifier, representative of and matched to the number of tickets purchased in a single transaction. (C) A random number generator is not used for the manual draw or to sell tickets. (D) The prize paid to the winner is comprised of one-half or 50 percent of the gross receipts generated from the sale of raffle tickets for a raffle. (3) The manual draw is conducted in California under the supervision of a natural person who meets all of the following requirements: (A) The person is 18 years of age or older. (B) The person is affiliated with the eligible organization conducting the raffle. (C) The person is registered with the Department of Justice pursuant to paragraph (4) of subdivision (o). (4) (A) Fifty percent of the gross receipts generated from the sale of raffle tickets for any given manual draw are used by the eligible organization conducting the raffle to benefit or provide support for beneficial or charitable purposes, or used to benefit another private, nonprofit organization, provided that an organization receiving these funds is itself an eligible organization as defined in subdivision (c) of Section 320.5. As used in this section, “beneficial purposes” excludes purposes that are intended to benefit officers, directors, or members, as defined by Section 5056 of the Corporations Code, of the eligible organization. Funds raised by raffles conducted pursuant to this section shall not be used to fund any beneficial, charitable, or other purpose outside of California. This section does not preclude an eligible organization from using funds from sources other than the sale of raffle tickets to pay for the administration or other costs of conducting a raffle. (B) An employee of an eligible organization who is a direct seller of raffle tickets shall not be treated as an employee for purposes of workers’ compensation under Section 3351 of the Labor Code if the following conditions are satisfied: (i) Substantially all of the remuneration, whether or not paid in cash, for the performance of the service of selling raffle tickets is directly related to sales rather than to the number of hours worked. (ii) The services performed by the person are performed pursuant to a written contract between the seller and the eligible organization and the contract provides that the person will not be treated as an employee with respect to the selling of raffle tickets for workers’ compensation purposes. (C) For purposes of this section, an employee selling raffle tickets shall be deemed to be a direct seller as described in Section 650 of the Unemployment Insurance Code as long as he or she meets the requirements of that section. (e) A person who receives compensation in connection with the operation of the raffle shall be an employee of the eligible organization that is conducting the raffle, and in no event may compensation be paid from revenues required to be dedicated to beneficial or charitable purposes. (f) A raffle ticket shall not be sold in exchange for Bitcoin or any other cryptocurrency. (g) A raffle otherwise permitted under this section shall not be conducted by means of, or otherwise utilize, any gaming machine that meets the definition of slot machine contained in Section 330a, 330b, or 330.1. (h) (1) A raffle otherwise permitted under this section shall not be conducted, nor may tickets for a raffle be sold, within an operating satellite wagering facility or racetrack inclosure licensed pursuant to the Horse Racing Law (Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code) or within a gambling establishment licensed pursuant to the Gambling Control Act (Chapter 5 (commencing with Section 19800) of Division 8 of the Business and Professions Code). (2) A raffle shall not be operated or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this paragraph, an eligible organization shall not be deemed to operate or conduct a raffle over the Internet, or sell raffle tickets over the Internet, if the eligible organization advertises its raffle on the Internet or permits others to do so. Information that may be conveyed on an Internet Web site pursuant to this paragraph includes, but is not limited to, all of the following: (A) Lists, descriptions, photographs, or videos of the raffle prizes. (B) Lists of the prize winners. (C) The rules of the raffle. (D) Frequently asked questions and their answers. (E) Raffle entry forms, which may be downloaded from the Internet Web site for manual completion by raffle ticket purchasers, but shall not be submitted to the eligible organization through the Internet. (F) Raffle contact information, including the eligible organization’s name, address, telephone number, facsimile number, or email address. (i) An individual, corporation, partnership, or other legal entity shall not hold a financial interest in the conduct of a raffle, except the eligible organization that is itself authorized to conduct that raffle, and any private, nonprofit, eligible organizations receiving financial support from that charitable organization pursuant to subdivisions (b) and (d). (j) (1) An eligible organization may conduct a major league sports raffle only at a home game. (2) An eligible organization shall not conduct more than one major league sports raffle per home game. (k) An employee shall not sell raffle tickets in any seating area designated as a family section. (l) An eligible organization shall disclose to all ticket purchasers the designated private, nonprofit, eligible organization for which the raffle is being conducted. (m) An eligible organization that conducts a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall distribute all proceeds not paid out to the winners of the prizes to the private, nonprofit organization within 15 days of conducting the raffle, in accordance with this section. (n) Any raffle prize remaining unclaimed by a winner at the end of the season for a team with an affiliated eligible organization that conducted a raffle to financially support another private, nonprofit eligible organization, as defined in subdivision (c) of Section 320.5, shall be donated within 30 days from the end of the season by the eligible organization to the designated private, nonprofit organization for which the raffle was conducted. (o) (1) (A) An eligible organization shall not conduct a raffle authorized under this section, unless it has a valid registration issued by the Department of Justice. The department shall furnish a registration form via the Internet or upon request to eligible nonprofit organizations. The department shall, by regulation, collect only the information necessary to carry out the provisions of this section on this form. This information shall include, but is not limited to, the following: (i) The name and address of the eligible organization. (ii) The federal tax identification number, the corporate number issued by the Secretary of State, the organization number issued by the Franchise Tax Board, or the California charitable trust identification number of the eligible organization. (iii) The name and title of a responsible fiduciary of the organization. (B) (i) The department may require an eligible organization to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. (ii) An eligible organization shall pay, in addition to the annual registration application fee, one hundred dollars ($100) for every individual raffle conducted at an eligible location to cover the reasonable costs of the department to administer and enforce this section. This fee shall be submitted in conjunction with the annual registration form. (2) (A) A manufacturer or distributor of raffle-related products or services shall not conduct business with an eligible organization for purposes of conducting a raffle pursuant to this section unless the manufacturer or distributor has a valid annual registration issued by the department. (B) The department may require a manufacturer or distributor of raffle-related products or services to pay a minimum annual registration fee of five thousand dollars ($5,000) to cover the reasonable costs of the department to administer and enforce this section. (3) An eligible organization shall register the equipment used in the sale and distribution of raffle tickets, and shall have the equipment tested by an independent gaming testing lab. (4) (A) A person affiliated with an eligible organization who conducts the manual draw shall annually register with the department. (B) The department may require a person affiliated with an eligible organization who conducts the manual draw to pay a minimum annual registration fee of ten dollars ($10) to cover the reasonable costs of the department to administer and enforce this section. (5) The department may, by regulation, adjust the annual registration fees described in this section as needed to ensure that revenues will fully offset, but not exceed, the reasonable costs incurred by the department pursuant to this section. The fees shall be deposited by the department into the General Fund. (6) The department shall receive moneys for the costs incurred pursuant to this section subject to an appropriation by the Legislature. (7) The department shall adopt, on or before June 1, 2016, regulations necessary to effectuate this section, including emergency regulations, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (8) The department shall maintain an automated database of all registrants. (9) A local law enforcement agency shall notify the department of any arrests or investigation that may result in an administrative or criminal action against a registrant. (10) The department may investigate all suspected violations of this section or any regulation adopted pursuant to this section, or any activity that the registrant has engaged in that is not in the best interests of the public’s health, safety, or general welfare as it pertains to charitable raffles. (11) The department may audit the records and other documents of a registrant to ensure compliance with this section, and may charge a registrant the direct costs associated with an audit conducted pursuant to this paragraph. (12) (A) Once registered, an eligible organization shall file annually thereafter with the department a report that includes all of the following information for each of the eligible organization’s last three fiscal years: (i) The aggregate gross receipts from the operation of raffles. (ii) The aggregate direct costs incurred by the eligible organization from the operation of raffles. (iii) The charitable or beneficial purposes for which proceeds of the raffles were used. (iv) The aggregate distributions of proceeds from the operation of raffles made to directly support beneficial or charitable purposes, other than beneficial or charitable purposes undertaken by the eligible organization, or eligible recipient organizations, under subdivision (c) of Section 320.5. (v) The aggregate distributions of proceeds from the operation of raffles made to raffle winners. (vi) The aggregate distributions of proceeds from the operation of raffles made to any other organizations, or for any other purposes, other than those included in clauses (ii), (iv), and (v). (vii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. (viii) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to eligible recipient organizations under subdivision (c) of Section 320.5 that are affiliated with the eligible organization. (ix) A schedule of distributions of proceeds from the operation of raffles, by individual raffle, made to any other organization not included under clause (vii) or (viii), or for beneficial or charitable purposes undertaken by the eligible organization. (x) The aggregate gross receipts from activities other than the operation of raffles. (xi) The aggregate costs incurred by the eligible organization from activities other than the operation of raffles. (xii) The aggregate distributions of funds other than proceeds from the operation of raffles made to directly support beneficial or charitable purposes or eligible recipient organizations under subdivision (c) of Section 320.5. (xiii) The aggregate distributions of funds other than proceeds from the operation of raffles for purposes other than those listed in clauses (xi) and (xii). (xiv) A schedule of distributions of funds other than proceeds from the operation of raffles made to eligible recipient organizations under subdivision (c) of Section 320.5 that are not affiliated with the eligible organization. (xv) A schedule of distributions of funds other than proceeds from the operation of raffles made to any other organization not included under clause (xiv), or for beneficial or charitable purposes undertaken by the eligible organization. (B) Failure to submit the annual report to the department as required in this paragraph shall be grounds for denial of an annual registration. (C) The department shall make the reports required by this paragraph available to the public via the online search portal of the Attorney General’s Registry of Charitable Trusts maintained pursuant to Section 12584 of the Government Code. (13) The department shall annually furnish to registrants a form to collect this information. (p) The department may take legal action against a registrant if it determines that the registrant has violated this section or a regulation adopted pursuant to this section, or that the registrant has engaged in any conduct that is not in the best interests of the public’s health, safety, or general welfare. An action taken pursuant to this subdivision does not prohibit the commencement of an administrative or criminal action by the Attorney General, a district attorney, city attorney, or county counsel. (q) An action and hearing conducted to deny, revoke, or suspend a registry, or other administrative action taken against a registrant, shall be conducted pursuant to the Administrative Procedure Act (Chapters 4.5 (commencing with Section 11400) and 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The department may seek civil remedies, including imposing fines, for violations of this section, and may seek recovery of the costs incurred in investigating or prosecuting an action against a registrant or applicant in accordance with those procedures specified in Section 125.3 of the Business and Professions Code. A proceeding conducted under this subdivision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. A violation of this section shall not constitute a crime. (r) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 116681 of the Health and Safety Code is amended to read: 116681. Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: (a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. (b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. (c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. (d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. (e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. (f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company. (g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. (h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. (i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. (j) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. SEC. 1.5. Section 116681 of the Health and Safety Code is amended to read: 116681. Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: (a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. (b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. (c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. (d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. (e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. (f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company or a small public water system. (g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. (h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. (i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. (j) “Small public water system” has the same meaning as provided in subdivision (b) of Section 116395. (k) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. SEC. 2. Section 116682 of the Health and Safety Code is amended to read: 116682. (a) Where a public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, the state board may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The state board may set timelines and performance measures to facilitate completion of consolidation. (b) Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following: (1) Encourage voluntary consolidation or extension of service. (2) Consider other enforcement remedies specified in this article. (3) Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, and any other relevant information. (4) Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commission’s jurisdiction. (5) Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. (6) Consult with, and fully consider input from, all public water systems in the chain of distribution of the potentially receiving water systems. (7) (A) Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water. (B) During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system. (C) Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, or the local agency formation commission with jurisdiction over the potentially subsumed water system. (8) Obtain written consent from any domestic well owner for consolidation or extension of service. Any domestic well owner within the consolidation or extended service area who does not provide written consent shall be ineligible, until the consent is provided, for any future water-related grant funding from the state other than funding to mitigate a well failure, disaster, or other emergency. (9) (A) Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. The meeting shall provide an opportunity for public comment. (B) An initial public meeting shall not be required for a potentially subsumed area that is served only by domestic wells. (c) Upon expiration of the deadline set by the state board pursuant to paragraph (7) of subdivision (b), the state board shall do the following: (1) Consult with the potentially receiving water system and the potentially subsumed water system, if any. (2) (A) Conduct a public hearing, in a location as close as feasible to the affected communities. (B) The state board shall make reasonable efforts to provide a 30-day notice of the hearing to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and to all affected local government agencies and drinking water service providers. (C) The hearing shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. (D) The hearing shall provide an opportunity for public comment. (d) Before ordering consolidation or extension of service, the state board shall find all of the following: (1) The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water. (2) All reasonable efforts to negotiate consolidation or extension of service were made. (3) Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. (4) There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time. (5) Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed. (6) Consolidation or extension of service is the most effective and cost-effective means to provide an adequate supply of safe drinking water. (7) The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system. (e) Upon ordering consolidation or extension of service, the state board shall do all of the following: (1) As necessary and appropriate, make funds available, upon appropriation by the Legislature, to the receiving water system for the costs of completing the consolidation or extension of service, including, but not limited to, replacing any capacity lost as a result of the consolidation or extension of service, providing additional capacity needed as a result of the consolidation or extension of service, and legal fees. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the infrastructure needed for the consolidation or extension of service. The state board’s existing financial assistance guidelines and policies shall be the basis for the financial assistance. (2) Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service. (3) Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board. (4) Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization. (f) (1) For the purposes of this section, the consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit. (2) For purposes of this section, fees or charges imposed on a customer of a subsumed water system shall not exceed the cost of consolidating the water system with a receiving system or the extension of service to the area. (g) Division 3 (commencing with Section 56000) of Title 5 of the Government Code shall not apply to an action taken by the state board pursuant to this section. SEC. 3. Section 116686 is added to the Health and Safety Code, to read: 116686. (a) (1) To provide affordable, safe drinking water to disadvantaged communities and to prevent fraud, waste, and abuse, the state board may do both of the following, if sufficient funding is available and if the state board finds that consolidation with another system or extension of service from another system is either not appropriate or not technically and economically feasible: (A) (i) Contract with an administrator to provide administrative and managerial services to a designated public water system to assist the designated public water system with the provision of an adequate and affordable supply of safe drinking water. (ii) To fulfill the requirements of this section, the state board may contract with more than one administrator, but only one administrator may be assigned to provide services to a given designated public water system. (iii) An administrator may provide administrative and managerial services to more than one designated public water system. (B) Order the designated public water system to accept administrative and managerial services, including full management and control, from an administrator selected by the state board. (2) In performing its duties pursuant to paragraph (1), the state board may use criteria from the policy handbook adopted pursuant to Section 116760.43. (b) Before the state board determines that a public water system is a designated public water system, the state board shall do both of the following: (1) Provide the public water system with notice and an opportunity to show either of the following: (A) That the public water system has not consistently failed to provide an adequate and affordable supply of safe drinking water. (B) That the public water system has taken steps to timely address its failure to provide an adequate and affordable supply of safe drinking water. (2) (A) Conduct a public meeting in a location as close as feasible to the affected community. (B) The state board shall make reasonable efforts to provide a 30-day notice of the meeting to affected ratepayers, renters, and property owners. (C) Representatives of the public water system, affected ratepayers, renters, and property owners shall be provided an opportunity to present testimony at the meeting. (D) The meeting shall provide an opportunity for public comment. (c) The state board shall make financial assistance available to an administrator for a designated public water system, as appropriate and to the extent that funding is available. (d) An administrator may do any of the following: (1) Expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water. (2) Set and collect user water rates and fees, subject to approval by the state board. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution. (3) Expend available moneys for operation and maintenance costs of the designated public water system. (e) The state board shall work with the administrator of a designated public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. (f) A designated public water system shall not be responsible for any costs associated with an administrator. (g) Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. (h) For purposes of this section, a local government, as defined in Article XIII C of the California Constitution, that sets water rates in accordance with Article XIII D of the California Constitution shall be deemed to be providing affordable water. (i) This section does not apply to a charter city, charter county, or charter city and county. (j) For purposes of this section, the following terms have the following meanings: (1) “Administrator” means a person whom the state board has determined is competent to perform the administrative and managerial services of a public water system, as described in subdivision (d). In determining competency, the state board may consider demonstrated experience in managing and operating a public water system. (2) “Designated public water system” means a public water system that serves a disadvantaged community, as defined in Section 79505.5 of the Water Code, and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 116681 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 116681 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 116681 of the Health and Safety Code, in which case Section 116681 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.

Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties. The act authorizes the state board to order consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. The act authorizes the state board to order the extension of service to an area that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. Existing law, for these purposes, defines “disadvantaged community” to mean a disadvantaged community that is in an unincorporated area or is served by a mutual water company. This bill would authorize the state board to order consolidation where a public water system or a state small water system is serving, rather than within, a disadvantaged community, and would limit the authority of the state board to order consolidation or extension of service to provide that authority only with regard to a disadvantaged community. This bill would make a community disadvantaged for these purposes if the community is in a mobilehome park, even if it is not in an unincorporated area or served by a mutual water company. The act requires the state board, before ordering consolidation or extension of service, to take certain actions, including consulting with specified entities, to hold at least one initial public meeting, as specified, and to obtain written consent from any domestic well owner for consolidation or extension of service. The act provides that any affected resident within the consolidation or extended service area who does not provide written consent is ineligible, until consent is provided, for any future water-related grant funding from the state, except as specified. This bill would also require the state board, before ordering consolidation or extension of service, to consult with public water systems in the chain of distribution of the potentially receiving water system. The bill would provide that an initial public meeting is not required for a potentially subsumed area that is served only by domestic wells. The bill would apply to the domestic well owner, instead of to an affected resident, within the consolidation or extended service area the written consent requirement for eligibility for water-related grant funding. The act requires the state board, upon ordering the consolidation or extension of service, to adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system as determined by the Public Utilities Commission for water corporations subject to the commission’s jurisdiction or the state board for all other systems. The act prohibits a consolidated water system from increasing charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customer receives a corresponding benefit. This bill would instead authorize the Public Utilities Commission or the state board to determine the fair market value of a subsumed water system, without regard to whether the system is a water corporation subject to the commission’s jurisdiction. The bill would prohibit fees or charges imposed on a customer of a subsumed water system from exceeding the cost of consolidating the water system or the cost of extension of service to the area. The act exempts the consolidation or extension of service pursuant to these provisions from the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, which governs the procedures for the formation and change of organization of cities and special districts. This bill would instead exempt an action taken by the state board pursuant to these provisions from the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. This bill would authorize the state board, for the purpose of providing affordable, safe drinking water to disadvantaged communities and preventing fraud, waste, and abuse, to contract with an administrator to provide administrative and managerial services to a designated water system and to order the designated public water system to accept those services if sufficient funding is available and if the state board makes a certain finding. The bill would define designated water system as a public water system that serves a disadvantaged community and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. The bill would require the state board to provide a public water system with notice, as specified, and to conduct a public meeting, as specified, before determining that the public water system is a designated public water system. The bill would authorize the administrator of a designated public water system to expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water, to set and collect user water rates and fees, and to expend available moneys for the operation and maintenance costs of the designated public water system. The bill would require the state board to work with the administrator of the public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. The bill would not apply these administrator provisions to a charter city, charter county, or charter city and county. This bill would incorporate additional changes to Section 116681 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 116681 of the Health and Safety Code is amended to read: 116681. Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: (a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. (b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. (c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. (d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. (e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. (f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company. (g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. (h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. (i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. (j) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. SEC. 1.5. Section 116681 of the Health and Safety Code is amended to read: 116681. Except as provided in paragraph (2) of subdivision (j) of Section 116686, the following definitions shall apply to this section and Sections 116682, 116684, and 116686: (a) “Adequate supply” means sufficient water to meet residents’ health and safety needs. (b) “Affected residence” means a residence within a disadvantaged community that is reliant on a water supply that is either inadequate or unsafe. (c) “Consistently fails” means a failure to provide an adequate supply of safe drinking water. (d) “Consolidated water system” means the public water system resulting from the consolidation of a public water system with another public water system, state small water system, or affected residences not served by a public water system. (e) “Consolidation” means joining two or more public water systems, state small water systems, or affected residences not served by a public water system, into a single public water system. (f) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5 of the Water Code, that is in an unincorporated area, is in a mobilehome park, or is served by a mutual water company or a small public water system. (g) “Extension of service” means the provision of service through any physical or operational infrastructure arrangement other than consolidation. (h) “Receiving water system” means the public water system that provides service to a subsumed water system through consolidation or extension of service. (i) “Safe drinking water” means water that meets all primary and secondary drinking water standards. (j) “Small public water system” has the same meaning as provided in subdivision (b) of Section 116395. (k) “Subsumed water system” means the public water system, state small water system, or affected residences not served by a public water system consolidated into or receiving service from the receiving water system. SEC. 2. Section 116682 of the Health and Safety Code is amended to read: 116682. (a) Where a public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, the state board may order consolidation with a receiving water system as provided in this section and Section 116684. The consolidation may be physical or operational. The state board may also order the extension of service to an area within a disadvantaged community that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The state board may set timelines and performance measures to facilitate completion of consolidation. (b) Before ordering consolidation or extension of service as provided in this section, the state board shall do all of the following: (1) Encourage voluntary consolidation or extension of service. (2) Consider other enforcement remedies specified in this article. (3) Consult with, and fully consider input from, the relevant local agency formation commission regarding the provision of water service in the affected area, the recommendations for improving service in a municipal service review, and any other relevant information. (4) Consult with, and fully consider input from, the Public Utilities Commission when the consolidation would involve a water corporation subject to the commission’s jurisdiction. (5) Consult with, and fully consider input from, the local government with land use planning authority over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. (6) Consult with, and fully consider input from, all public water systems in the chain of distribution of the potentially receiving water systems. (7) (A) Notify the potentially receiving water system and the potentially subsumed water system, if any, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potentially receiving water system and the potentially subsumed water system, if any, to negotiate consolidation or another means of providing an adequate supply of safe drinking water. (B) During this period, the state board shall provide technical assistance and work with the potentially receiving water system and the potentially subsumed water system to develop a financing package that benefits both the receiving water system and the subsumed water system. (C) Upon a showing of good cause, the deadline may be extended by the state board at the request of the potentially receiving water system, potentially subsumed water system, or the local agency formation commission with jurisdiction over the potentially subsumed water system. (8) Obtain written consent from any domestic well owner for consolidation or extension of service. Any domestic well owner within the consolidation or extended service area who does not provide written consent shall be ineligible, until the consent is provided, for any future water-related grant funding from the state other than funding to mitigate a well failure, disaster, or other emergency. (9) (A) Hold at least one public meeting at the initiation of this process in a place as close as feasible to the affected areas. The state board shall make reasonable efforts to provide a 30-day notice of the meeting to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and all affected local government agencies and drinking water service providers. The meeting shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. The meeting shall provide an opportunity for public comment. (B) An initial public meeting shall not be required for a potentially subsumed area that is served only by domestic wells. (c) Upon expiration of the deadline set by the state board pursuant to paragraph (7) of subdivision (b), the state board shall do the following: (1) Consult with the potentially receiving water system and the potentially subsumed water system, if any. (2) (A) Conduct a public hearing, in a location as close as feasible to the affected communities. (B) The state board shall make reasonable efforts to provide a 30-day notice of the hearing to the ratepayers, renters, and property owners to receive water service through service extension or in the area of the subsumed water system and to all affected local government agencies and drinking water service providers. (C) The hearing shall provide representatives of the potentially subsumed water system, affected ratepayers, renters, property owners, and the potentially receiving water system an opportunity to present testimony. (D) The hearing shall provide an opportunity for public comment. (d) Before ordering consolidation or extension of service, the state board shall find all of the following: (1) The potentially subsumed water system has consistently failed to provide an adequate supply of safe drinking water. (2) All reasonable efforts to negotiate consolidation or extension of service were made. (3) Consolidation of the receiving water system and subsumed water system or extension of service is appropriate and technically and economically feasible. (4) There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time. (5) Concerns regarding water rights and water contracts of the subsumed and receiving water systems have been adequately addressed. (6) Consolidation or extension of service is the most effective and cost-effective means to provide an adequate supply of safe drinking water. (7) The capacity of the proposed interconnection needed to accomplish the consolidation is limited to serving the current customers of the subsumed water system. (e) Upon ordering consolidation or extension of service, the state board shall do all of the following: (1) As necessary and appropriate, make funds available, upon appropriation by the Legislature, to the receiving water system for the costs of completing the consolidation or extension of service, including, but not limited to, replacing any capacity lost as a result of the consolidation or extension of service, providing additional capacity needed as a result of the consolidation or extension of service, and legal fees. Funding pursuant to this paragraph is available for the general purpose of providing financial assistance for the infrastructure needed for the consolidation or extension of service and does not need to be specific to each individual consolidation project. The state board shall provide appropriate financial assistance for the infrastructure needed for the consolidation or extension of service. The state board’s existing financial assistance guidelines and policies shall be the basis for the financial assistance. (2) Ensure payment of standard local agency formation commission fees caused by state board-ordered consolidation or extension of service. (3) Adequately compensate the owners of a privately owned subsumed water system for the fair market value of the system, as determined by the Public Utilities Commission or the state board. (4) Coordinate with the appropriate local agency formation commission and other relevant local agencies to facilitate the change of organization or reorganization. (f) (1) For the purposes of this section, the consolidated water system shall not increase charges on existing customers of the receiving water system solely as a consequence of the consolidation or extension of service unless the customers receive a corresponding benefit. (2) For purposes of this section, fees or charges imposed on a customer of a subsumed water system shall not exceed the cost of consolidating the water system with a receiving system or the extension of service to the area. (g) Division 3 (commencing with Section 56000) of Title 5 of the Government Code shall not apply to an action taken by the state board pursuant to this section. SEC. 3. Section 116686 is added to the Health and Safety Code, to read: 116686. (a) (1) To provide affordable, safe drinking water to disadvantaged communities and to prevent fraud, waste, and abuse, the state board may do both of the following, if sufficient funding is available and if the state board finds that consolidation with another system or extension of service from another system is either not appropriate or not technically and economically feasible: (A) (i) Contract with an administrator to provide administrative and managerial services to a designated public water system to assist the designated public water system with the provision of an adequate and affordable supply of safe drinking water. (ii) To fulfill the requirements of this section, the state board may contract with more than one administrator, but only one administrator may be assigned to provide services to a given designated public water system. (iii) An administrator may provide administrative and managerial services to more than one designated public water system. (B) Order the designated public water system to accept administrative and managerial services, including full management and control, from an administrator selected by the state board. (2) In performing its duties pursuant to paragraph (1), the state board may use criteria from the policy handbook adopted pursuant to Section 116760.43. (b) Before the state board determines that a public water system is a designated public water system, the state board shall do both of the following: (1) Provide the public water system with notice and an opportunity to show either of the following: (A) That the public water system has not consistently failed to provide an adequate and affordable supply of safe drinking water. (B) That the public water system has taken steps to timely address its failure to provide an adequate and affordable supply of safe drinking water. (2) (A) Conduct a public meeting in a location as close as feasible to the affected community. (B) The state board shall make reasonable efforts to provide a 30-day notice of the meeting to affected ratepayers, renters, and property owners. (C) Representatives of the public water system, affected ratepayers, renters, and property owners shall be provided an opportunity to present testimony at the meeting. (D) The meeting shall provide an opportunity for public comment. (c) The state board shall make financial assistance available to an administrator for a designated public water system, as appropriate and to the extent that funding is available. (d) An administrator may do any of the following: (1) Expend available moneys for capital infrastructure improvements that the designated public water system needs to provide an adequate and affordable supply of safe drinking water. (2) Set and collect user water rates and fees, subject to approval by the state board. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution. (3) Expend available moneys for operation and maintenance costs of the designated public water system. (e) The state board shall work with the administrator of a designated public water system and the communities served by that designated public water system to develop, within the shortest feasible timeframe, adequate technical, managerial, and financial capacity to deliver safe drinking water so that the services of the administrator are no longer necessary. (f) A designated public water system shall not be responsible for any costs associated with an administrator. (g) Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. (h) For purposes of this section, a local government, as defined in Article XIII C of the California Constitution, that sets water rates in accordance with Article XIII D of the California Constitution shall be deemed to be providing affordable water. (i) This section does not apply to a charter city, charter county, or charter city and county. (j) For purposes of this section, the following terms have the following meanings: (1) “Administrator” means a person whom the state board has determined is competent to perform the administrative and managerial services of a public water system, as described in subdivision (d). In determining competency, the state board may consider demonstrated experience in managing and operating a public water system. (2) “Designated public water system” means a public water system that serves a disadvantaged community, as defined in Section 79505.5 of the Water Code, and that the state board finds consistently fails to provide an adequate and affordable supply of safe drinking water. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 116681 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 116681 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 116681 of the Health and Safety Code, in which case Section 116681 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 10608.34 is added to the Water Code, to read: 10608.34. (a) (1) On or before January 1, 2017, the department shall adopt rules for all of the following: (A) The conduct of standardized water loss audits by urban retail water suppliers in accordance with the method adopted by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. (B) The process for validating a water loss audit report prior to submitting the report to the department. For the purposes of this section, “validating” is a process whereby an urban retail water supplier uses a technical expert to confirm the basis of all data entries in the urban retail water supplier’s water loss audit report and to appropriately characterize the quality of the reported data. The validation process shall follow the principles and terminology laid out by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. A validated water loss audit report shall include the name and technical qualifications of the person engaged for validation. (C) The technical qualifications required of a person to engage in validation, as described in subparagraph (B). (D) The certification requirements for a person selected by an urban retail water supplier to provide validation of its own water loss audit report. (E) The method of submitting a water loss audit report to the department. (2) The department shall update rules adopted pursuant to paragraph (1) no later than six months after the release of subsequent editions of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36. Except as provided by the department, until the department adopts updated rules pursuant to this paragraph, an urban retail water supplier may rely upon a subsequent edition of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36 or the Free Water Audit Software. (b) On or before October 1, 2017, and on or before October 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated water loss audit report for the previous calendar year or the previous fiscal year as prescribed by the department pursuant to subdivision (a). Water loss audit reports submitted on or before October 1, 2017, may be completed and validated with assistance as described in subdivision (c). (c) Using funds available for the 2016–17 fiscal year, the board shall contribute up to four hundred thousand dollars ($400,000) towards procuring water loss audit report validation assistance for urban retail water suppliers. (d) Each water loss audit report submitted to the department shall be accompanied by information, in a form specified by the department, identifying steps taken in the preceding year to increase the validity of data entered into the final audit, reduce the volume of apparent losses, and reduce the volume of real losses. (e) At least one of the following employees of an urban retail water supplier shall attest to each water loss audit report submitted to the department: (1) The chief financial officer. (2) The chief engineer. (3) The general manager. (f) The department shall deem incomplete and return to the urban retail water supplier any final water loss audit report found by the department to be incomplete, not validated, unattested, or incongruent with known characteristics of water system operations. A water supplier shall resubmit a completed water loss audit report within 90 days of an audit being returned by the department. (g) The department shall post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the validated water loss audit reports available for public viewing in a timely manner after their receipt. (h) Using available funds, the department shall provide technical assistance to guide urban retail water suppliers’ water loss detection programs, including, but not limited to, metering techniques, pressure management techniques, condition-based assessment techniques for transmission and distribution pipelines, and utilization of portable and permanent water loss detection devices. (i) No earlier than January 1, 2019, and no later than July 1, 2020, the board shall adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. In adopting these rules, the board shall employ full life cycle cost accounting to evaluate the costs of meeting the performance standards. The board may consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements.

Existing law requires the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020, and requires the state to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. Existing law requires each urban retail water supplier to develop urban water use targets and an interim urban water use target, in accordance with specified requirements. This bill would require each urban retail water supplier, on or before October 1, 2017, and on or before October 1 of each year thereafter, to submit a completed and validated water loss audit report for the previous calendar year or previous fiscal year as prescribed by rules adopted by the Department of Water Resources on or before January 1, 2017, and updated as provided. The bill would require the department to post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers and to make these reports available for public viewing. This bill would require the department to provide technical assistance to guide urban retail water suppliers’ water loss detection programs. The bill would require the State Water Resources Control Board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would require the board to contribute up to $400,000 using funds available for the 2016–17 fiscal year towards procuring water loss audit report validation assistance for urban retail water suppliers.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10608.34 is added to the Water Code, to read: 10608.34. (a) (1) On or before January 1, 2017, the department shall adopt rules for all of the following: (A) The conduct of standardized water loss audits by urban retail water suppliers in accordance with the method adopted by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. (B) The process for validating a water loss audit report prior to submitting the report to the department. For the purposes of this section, “validating” is a process whereby an urban retail water supplier uses a technical expert to confirm the basis of all data entries in the urban retail water supplier’s water loss audit report and to appropriately characterize the quality of the reported data. The validation process shall follow the principles and terminology laid out by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. A validated water loss audit report shall include the name and technical qualifications of the person engaged for validation. (C) The technical qualifications required of a person to engage in validation, as described in subparagraph (B). (D) The certification requirements for a person selected by an urban retail water supplier to provide validation of its own water loss audit report. (E) The method of submitting a water loss audit report to the department. (2) The department shall update rules adopted pursuant to paragraph (1) no later than six months after the release of subsequent editions of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36. Except as provided by the department, until the department adopts updated rules pursuant to this paragraph, an urban retail water supplier may rely upon a subsequent edition of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36 or the Free Water Audit Software. (b) On or before October 1, 2017, and on or before October 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated water loss audit report for the previous calendar year or the previous fiscal year as prescribed by the department pursuant to subdivision (a). Water loss audit reports submitted on or before October 1, 2017, may be completed and validated with assistance as described in subdivision (c). (c) Using funds available for the 2016–17 fiscal year, the board shall contribute up to four hundred thousand dollars ($400,000) towards procuring water loss audit report validation assistance for urban retail water suppliers. (d) Each water loss audit report submitted to the department shall be accompanied by information, in a form specified by the department, identifying steps taken in the preceding year to increase the validity of data entered into the final audit, reduce the volume of apparent losses, and reduce the volume of real losses. (e) At least one of the following employees of an urban retail water supplier shall attest to each water loss audit report submitted to the department: (1) The chief financial officer. (2) The chief engineer. (3) The general manager. (f) The department shall deem incomplete and return to the urban retail water supplier any final water loss audit report found by the department to be incomplete, not validated, unattested, or incongruent with known characteristics of water system operations. A water supplier shall resubmit a completed water loss audit report within 90 days of an audit being returned by the department. (g) The department shall post all validated water loss audit reports on its Internet Web site in a manner that allows for comparisons across water suppliers. The department shall make the validated water loss audit reports available for public viewing in a timely manner after their receipt. (h) Using available funds, the department shall provide technical assistance to guide urban retail water suppliers’ water loss detection programs, including, but not limited to, metering techniques, pressure management techniques, condition-based assessment techniques for transmission and distribution pipelines, and utilization of portable and permanent water loss detection devices. (i) No earlier than January 1, 2019, and no later than July 1, 2020, the board shall adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. In adopting these rules, the board shall employ full life cycle cost accounting to evaluate the costs of meeting the performance standards. The board may consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 25503.6 of the Business and Professions Code is amended to read: 25503.6. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: (1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: (A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. (B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. (C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. (D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. (E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. (F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. (G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. (H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. (I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. (J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. (K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. (L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. (M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. (N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. (ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. (O) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. (2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. (3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. (4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer or the distilled spirits manufacturer’s agent that purchased the advertising space or time. (b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and the on-sale licensee, or with respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. (c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. SEC. 1.5. Section 25503.6 of the Business and Professions Code is amended to read: 25503.6. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: (1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: (A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. (B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. (C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. (D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. (E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. (F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. (G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. (H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. (I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. (J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. (K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. (L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. (M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. (N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. (ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. (O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. (P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. (2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. (3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. (4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. (b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: (1) The on-sale licensee. (2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. (3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. (c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 25503.6 of the Business and Professions Code proposed by this bill and Senate Bill 462. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 25503.6 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 462, in which case Section 25503.6 of the Business and Professions Code, as amended by Senate Bill 462, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law authorizes the holder of a winegrower’s license, a beer manufacturer, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent, to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities. This bill would expand the exceptions to existing law to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer’s agents to purchase advertising space and time from, or on behalf of, on-sale retail licensees at a fairgrounds with a horse racetrack and equestrian and sports facilities located in the County of San Diego. By creating new crimes this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. This bill would incorporate changes to Section 25503.6 of the Business and Professions Code proposed by both this bill and SB 462, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25503.6 of the Business and Professions Code is amended to read: 25503.6. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: (1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: (A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. (B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. (C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. (D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. (E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. (F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. (G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. (H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. (I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. (J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. (K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. (L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. (M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. (N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. (ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. (O) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. (2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. (3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. (4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer or the distilled spirits manufacturer’s agent that purchased the advertising space or time. (b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and the on-sale licensee, or with respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. (c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. SEC. 1.5. Section 25503.6 of the Business and Professions Code is amended to read: 25503.6. (a) Notwithstanding any other provision of this chapter, a beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, an on-sale retail licensee subject to all of the following conditions: (1) The on-sale licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or the major tenant of the owner of any of the following: (A) An outdoor stadium or a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in Sacramento County or Alameda County. (B) A fully enclosed arena with a fixed seating capacity in excess of 18,000 seats located in Orange County or Los Angeles County. (C) An outdoor stadium or fully enclosed arena with a fixed seating capacity in excess of 8,500 seats located in Kern County. (D) An exposition park of not less than 50 acres that includes an outdoor stadium with a fixed seating capacity in excess of 8,000 seats and a fully enclosed arena with an attendance capacity in excess of 4,500 people, located in San Bernardino County. (E) An outdoor stadium with a fixed seating capacity in excess of 10,000 seats located in Yolo County. (F) An outdoor stadium and a fully enclosed arena with fixed seating capacities in excess of 10,000 seats located in Fresno County. (G) An athletic and entertainment complex of not less than 50 acres that includes within its boundaries an outdoor stadium with a fixed seating capacity of at least 8,000 seats and a second outdoor stadium with a fixed seating capacity of at least 3,500 seats located in Riverside County. (H) An outdoor stadium with a fixed seating capacity in excess of 1,500 seats located in Tulare County. (I) A motorsports entertainment complex of not less than 50 acres that includes within its boundaries an outdoor speedway with a fixed seating capacity of at least 50,000 seats, located in San Bernardino County. (J) An exposition park, owned or operated by a bona fide nonprofit organization, of not less than 400 acres with facilities including a grandstand with a seating capacity of at least 8,000 people, at least one exhibition hall greater than 100,000 square feet, and at least four exhibition halls, each greater than 30,000 square feet, located in the City of Pomona or the City of La Verne in Los Angeles County. (K) An outdoor soccer stadium with a fixed seating capacity of at least 25,000 seats, an outdoor tennis stadium with a fixed capacity of at least 7,000 seats, an outdoor track and field facility with a fixed seating capacity of at least 7,000 seats, and an indoor velodrome with a fixed seating capacity of at least 2,000 seats, all located within a sports and athletic complex built before January 1, 2005, in the City of Carson in Los Angeles County. (L) An outdoor professional sports facility with a fixed seating capacity of at least 4,200 seats located in San Joaquin County. (M) A fully enclosed arena with a fixed seating capacity in excess of 13,000 seats in the City of Inglewood. (N) (i) An outdoor stadium with a fixed seating capacity of at least 68,000 seats located in the City of Santa Clara. (ii) A beer manufacturer, the holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or distilled spirits manufacturer’s agent may purchase advertising space and time from, or on behalf of, a major tenant of an outdoor stadium described in clause (i), provided the major tenant does not hold a retail license, and the advertising may include the placement of advertising in an on-sale licensed premises operated at the outdoor stadium. (O) A complex of not more than 50 acres located on the campus of, and owned by, Sonoma State University dedicated to presenting live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances with venues that include a concert hall with a seating capacity of approximately 1,500 seats, a second concert hall with a seating capacity of up to 300 seats, an outdoor area with a seating capacity of up to 5,000 seats, and a further outdoor area with a seating capacity of up to 10,000 seats. With respect to this complex, advertising space and time may also be purchased from or on behalf of the owner of the complex, a long-term tenant or licensee of the venue, whether or not the owner, long-term tenant, or licensee holds an on-sale license. (P) A fairgrounds with a horse racetrack and equestrian and sports facilities located in San Diego County. (2) The outdoor stadium or fully enclosed arena described in paragraph (1) is not owned by a community college district. (3) The advertising space or time is purchased only in connection with the events to be held on the premises of the exposition park, stadium, or arena owned by the on-sale licensee. With respect to an exposition park as described in subparagraph (J) of paragraph (1) that includes at least one hotel, the advertising space or time shall not be displayed on or in any hotel located in the exposition park, or purchased in connection with the operation of any hotel located in the exposition park. With respect to the complex described in subparagraph (O) of paragraph (1), the advertising space or time shall be purchased only in connection with live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural and entertainment events and performances to be held on the premises of the complex. (4) The on-sale licensee serves other brands of beer distributed by a competing beer wholesaler in addition to the brand manufactured or marketed by the beer manufacturer, other brands of wine distributed by a competing wine wholesaler in addition to the brand produced by the winegrower, and other brands of distilled spirits distributed by a competing distilled spirits wholesaler in addition to the brand manufactured or marketed by the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent that purchased the advertising space or time. (b) Any purchase of advertising space or time pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the beer manufacturer, the holder of the winegrower’s license, the distilled spirits rectifier, the distilled spirits manufacturer, or the distilled spirits manufacturer’s agent and any of the following: (1) The on-sale licensee. (2) With respect to clause (ii) of subparagraph (N) of paragraph (1) of subdivision (a), the major tenant of the outdoor stadium. (3) With respect to subparagraph (O) of paragraph (1) of subdivision (a), the owner, a long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. (c) Any beer manufacturer or holder of a winegrower’s license, any distilled spirits rectifier, any distilled spirits manufacturer, or any distilled spirits manufacturer’s agent who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill all or part of those contractual obligations entered into pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space, time, or costs involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (d) Any on-sale retail licensee, as described in subdivision (a), who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, a holder of a winegrower’s license, a distilled spirits rectifier, a distilled spirits manufacturer, or a distilled spirits manufacturer’s agent to purchase advertising space or time pursuant to subdivision (a) or (b) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license revocation pursuant to Section 24200. (e) For the purposes of this section, “beer manufacturer” includes any holder of a beer manufacturer’s license, any holder of an out-of-state beer manufacturer’s certificate, or any holder of a beer and wine importer’s general license. (f) The Legislature finds that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition and intends that this section be construed accordingly. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 25503.6 of the Business and Professions Code proposed by this bill and Senate Bill 462. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 25503.6 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 462, in which case Section 25503.6 of the Business and Professions Code, as amended by Senate Bill 462, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 30 of the Business and Professions Code is amended to read: 30. (a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. (2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. (b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. (c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application. (d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee: (1) Name. (2) Address or addresses of record. (3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. (4) Type of license. (5) Effective date of license or a renewal. (6) Expiration date of license. (7) Whether license is active or inactive, if known. (8) Whether license is new or a renewal. (e) For the purposes of this section: (1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. (2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. (3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate. (f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable. (g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require. (h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. (i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board or the Employment Development Department or as provided in subdivision (k). (j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws and for purposes of compliance with Section 17520 of the Family Code and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status. (l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles. SEC. 2. Section 7011.4 of the Business and Professions Code is amended to read: 7011.4. (a) Notwithstanding Section 7011, there is in the Contractors’ State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers’ compensation insurance in accordance with Section 3700.5 of the Labor Code. (b) Persons employed as enforcement representatives of the Contractors’ State License Board and designated by the Director of Consumer Affairs shall have the authority to issue a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. An employee so designated is not a peace officer and is not entitled to safety member retirement benefits as a result of that designation. He or she does not have the power of arrest. (c) When participating in the activities of the Joint Enforcement Strike Force on the Underground Economy pursuant to Section 329 of the Unemployment Insurance Code, the enforcement division shall have free access to all places of labor. SEC. 3. Section 7125.4 of the Business and Professions Code is amended to read: 7125.4. (a) The filing of the exemption certificate prescribed by this article that is false, or the employment of a person subject to coverage under the workers’ compensation laws after the filing of an exemption certificate without first filing a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in accordance with the provisions of this article, or the employment of a person subject to coverage under the workers’ compensation laws without maintaining coverage for that person, constitutes cause for disciplinary action. (b) Any qualifier for a license who, under Section 7068.1, is responsible for assuring that a licensee complies with the provisions of this chapter is also guilty of a misdemeanor for committing or failing to prevent the commission of any of the acts that are cause for disciplinary action under this section.

(1) Existing law provides for the licensure and regulation of various professions and vocations and creates boards, commissions, and bureaus, among other entities, in the Department of Consumer Affairs to this end. The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California. Existing law requires a licensing board, as defined, including the State Bar, to provide specified personal information regarding licensees to the Franchise Tax Board in a prescribed form and at a time the Franchise Tax Board may require. Existing law creates within the Labor and Workforce Development Agency the Employment Development Department, which administers the unemployment compensation program. This bill would additionally require a licensing board to submit personal information regarding licensees, described above, to the Employment Development Department. (2) The Contractors’ State License Law provides for the licensure and regulation of contractors by the Contractors’ State License Board within the Department of Consumer Affairs. The act establishes an enforcement division within the board that is required to enforce prohibitions against all forms of unlicensed activity, as specified. This bill would authorize the enforcement division to additionally enforce the obligation to secure the payment of valid and current workers’ compensation insurance, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 30 of the Business and Professions Code is amended to read: 30. (a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. (2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. (b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. (c) In addition to the penalty specified in subdivision (b), a licensing board shall not process an application for an initial license unless the applicant provides its federal employer identification number, or individual taxpayer identification number or social security number where requested on the application. (d) A licensing board shall, upon request of the Franchise Tax Board or the Employment Development Department, furnish to the board or the department, as applicable, the following information with respect to every licensee: (1) Name. (2) Address or addresses of record. (3) Federal employer identification number if the licensee is a partnership, or the licensee’s individual taxpayer identification number or social security number for all other licensees. (4) Type of license. (5) Effective date of license or a renewal. (6) Expiration date of license. (7) Whether license is active or inactive, if known. (8) Whether license is new or a renewal. (e) For the purposes of this section: (1) “Licensee” means a person or entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. (2) “License” includes a certificate, registration, or any other authorization needed to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. (3) “Licensing board” means any board, as defined in Section 22, the State Bar, and the Bureau of Real Estate. (f) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board or the Employment Development Department, as applicable. (g) Licensing boards shall provide to the Franchise Tax Board or the Employment Development Department the information required by this section at a time that the board or the department, as applicable, may require. (h) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, a federal employer identification number, individual taxpayer identification number, or social security number furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. (i) A deputy, agent, clerk, officer, or employee of a licensing board described in subdivision (a), or any former officer or employee or other individual who, in the course of his or her employment or duty, has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board or the Employment Development Department or as provided in subdivision (k). (j) It is the intent of the Legislature in enacting this section to utilize the federal employer identification number, individual taxpayer identification number, or social security number for the purpose of establishing the identification of persons affected by state tax laws and for purposes of compliance with Section 17520 of the Family Code and, to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (k) If the board utilizes a national examination to issue a license, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of any licensing board described in subdivision (a) may release an individual taxpayer identification number or social security number to an examination or licensing entity, only for the purpose of verification of licensure or examination status. (l) For the purposes of enforcement of Section 17520 of the Family Code, and notwithstanding any other law, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall at the time of issuance of the license require that each licensee provide the individual taxpayer identification number or social security number of each individual listed on the license and any person who qualifies for the license. For the purposes of this subdivision, “licensee” means an entity that is issued a license by any board, as defined in Section 22, the State Bar, the Bureau of Real Estate, and the Department of Motor Vehicles. SEC. 2. Section 7011.4 of the Business and Professions Code is amended to read: 7011.4. (a) Notwithstanding Section 7011, there is in the Contractors’ State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers’ compensation insurance in accordance with Section 3700.5 of the Labor Code. (b) Persons employed as enforcement representatives of the Contractors’ State License Board and designated by the Director of Consumer Affairs shall have the authority to issue a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. An employee so designated is not a peace officer and is not entitled to safety member retirement benefits as a result of that designation. He or she does not have the power of arrest. (c) When participating in the activities of the Joint Enforcement Strike Force on the Underground Economy pursuant to Section 329 of the Unemployment Insurance Code, the enforcement division shall have free access to all places of labor. SEC. 3. Section 7125.4 of the Business and Professions Code is amended to read: 7125.4. (a) The filing of the exemption certificate prescribed by this article that is false, or the employment of a person subject to coverage under the workers’ compensation laws after the filing of an exemption certificate without first filing a Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in accordance with the provisions of this article, or the employment of a person subject to coverage under the workers’ compensation laws without maintaining coverage for that person, constitutes cause for disciplinary action. (b) Any qualifier for a license who, under Section 7068.1, is responsible for assuring that a licensee complies with the provisions of this chapter is also guilty of a misdemeanor for committing or failing to prevent the commission of any of the acts that are cause for disciplinary action under this section. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The City of Long Beach has experienced an increasing demand to fund infrastructure repairs, replacements, and new improvements. (b) The existing civic center is nearing the end of its useful life and contains significant seismic deficiencies that the City of Long Beach seeks to address as soon as feasibly possible to ensure the public’s health and safety. (c) The City of Long Beach City Council seeks to address public health and safety in the earliest possible timeframe and understands that the development of a new Long Beach Civic Center using the public-private partnership procurement process presents the most expedient route to protecting the safety of its employees in and visitors to the civic center. (d) The public-private partnership procurement process has demonstrated precedence for the expedient, efficient, and economical delivery of projects, through the delivery of the Governor George Deukmejian Courthouse in the City of Long Beach, which was completed under budget and ahead of schedule. (e) The ability to utilize private sector investment capital is essential to the timely development of a cost-effective and long-lasting Long Beach Civic Center. (f) A public-private partnership procurement method provides the City of Long Beach with an alternative and optional procedure for developing a new civic center that can provide a cost-effective benefit to the City of Long Beach by shifting the liability and risk for cost containment, project completion, and life-cycle maintenance to a private entity. SEC. 2. Chapter 15 (commencing with Section 5975) is added to Division 6 of Title 1 of the Government Code, to read: CHAPTER 15. Long Beach Civic Center 5975. As used in this chapter: (a) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials. (b) “Best value” means a value determined by objective criteria that shall include a combination of price, financing costs, features, functions, performance, life-cycle maintenance costs and abatement offsets, and development experience. (c) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, operations, management, facilities maintenance, and other services for development of a new Long Beach Civic Center. (d) “City” means the City of Long Beach and its departments, including the City of Long Beach Harbor Department. (e) “Long Beach Civic Center” means the area bounded by Broadway, Pacific Avenue, Ocean Boulevard, and Magnolia Avenue, containing approximately 14.98 acres, and the parcel on the south side of 3rd Street between Pacific Avenue and Cedar Avenue, containing approximately 0.89 acres. (f) “Private entity” means an individual, business entity, or combination of individuals and business entities. (g) “Private portion of the project” means those parcels of land within the Long Beach Civic Center to be conveyed to a private entity and developed as residential, retail, hospitality, institutional, or industrial facilities. (h) “Project” means the revitalization and redevelopment of the Long Beach Civic Center with a new city hall, port headquarters, public library, and public park, and residential, retail, hospitality, institutional, and industrial facilities. (i) “Public portion of the project” means those parcels of land within the Long Beach Civic Center to be developed as a city hall, port headquarters, public park, public library, or other government facilities. (j) “Public-private partnership” means a cooperative arrangement between the public and private sectors, built on the expertise of each partner, that best meets the city’s needs through the appropriate allocation of resources, risks, and rewards for the purposes of, and, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. 5976. (a) The city may contract and procure the project pursuant to this chapter. (b) The city shall evaluate the project proposals it solicits and receives and choose the private entity or entities whose proposal is, or proposals are, judged as providing the best value in meeting the best interests of the city. The city may enter into a public-private partnership through a concession agreement, design-build agreement, design-build-finance agreement, project agreement, lease-leaseback, or other appropriate agreements combining one or more major elements of the foregoing agreements, with one or more private entities for delivery of the project. The city shall retain the right to terminate the project prior to project award should the city determine that the project is not in the best interests of the city or should the negotiations with the private entity or entities otherwise fail. (c) The contract award for the project shall be made to the private entity or entities whose proposal or proposals are determined by the city, in writing, to be the most advantageous by providing the best value in meeting the best interests of the city. (d) The negotiation process shall specifically prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter that would subject those employees to the prohibition of Section 87100. (e) All documents related to the project shall be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7), except those exempted from disclosure under that act. 5977. (a) The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences. (b) The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term. (c) The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing. (d) The plans and specifications for the project shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project shall utilize private sector firms for studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. However, a facility subject to this chapter and leased to a private entity, during the term of the lease, shall be deemed to be public property for purposes of identification, maintenance, enforcement of laws, and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (e) This chapter shall not be construed to authorize the city to use tidelands trust revenues that are subject to Section 6306 of the Public Resources Code or any other applicable granting statute for general municipal purposes or any other purpose unconnected with the public trust. 5978. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 5979. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.

The Local Agency Public Construction Act prescribes procedures for contracting by local public agencies, including specific provisions for cities. Existing law permits a governmental agency to solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction by, and may lease to, private entities, for specified types of fee-producing infrastructure projects. Existing law permits these agreements to provide for the lease of, or ownership of, infrastructure facilities owned by a governmental entity, but constructed by a private entity, to that private entity for a period of up to 35 years. This bill, notwithstanding the act and any other law, would authorize the City of Long Beach to contract and procure a project for the revitalization and redevelopment of the Long Beach Civic Center, as defined, in accordance with prescribed procedures for proposal evaluation and contract award. The bill would authorize the lease of all or a portion of the project to, or ownership by, a private entity or entities, for a term of up to 50 years. The bill would make a statement that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The City of Long Beach has experienced an increasing demand to fund infrastructure repairs, replacements, and new improvements. (b) The existing civic center is nearing the end of its useful life and contains significant seismic deficiencies that the City of Long Beach seeks to address as soon as feasibly possible to ensure the public’s health and safety. (c) The City of Long Beach City Council seeks to address public health and safety in the earliest possible timeframe and understands that the development of a new Long Beach Civic Center using the public-private partnership procurement process presents the most expedient route to protecting the safety of its employees in and visitors to the civic center. (d) The public-private partnership procurement process has demonstrated precedence for the expedient, efficient, and economical delivery of projects, through the delivery of the Governor George Deukmejian Courthouse in the City of Long Beach, which was completed under budget and ahead of schedule. (e) The ability to utilize private sector investment capital is essential to the timely development of a cost-effective and long-lasting Long Beach Civic Center. (f) A public-private partnership procurement method provides the City of Long Beach with an alternative and optional procedure for developing a new civic center that can provide a cost-effective benefit to the City of Long Beach by shifting the liability and risk for cost containment, project completion, and life-cycle maintenance to a private entity. SEC. 2. Chapter 15 (commencing with Section 5975) is added to Division 6 of Title 1 of the Government Code, to read: CHAPTER 15. Long Beach Civic Center 5975. As used in this chapter: (a) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials. (b) “Best value” means a value determined by objective criteria that shall include a combination of price, financing costs, features, functions, performance, life-cycle maintenance costs and abatement offsets, and development experience. (c) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, operations, management, facilities maintenance, and other services for development of a new Long Beach Civic Center. (d) “City” means the City of Long Beach and its departments, including the City of Long Beach Harbor Department. (e) “Long Beach Civic Center” means the area bounded by Broadway, Pacific Avenue, Ocean Boulevard, and Magnolia Avenue, containing approximately 14.98 acres, and the parcel on the south side of 3rd Street between Pacific Avenue and Cedar Avenue, containing approximately 0.89 acres. (f) “Private entity” means an individual, business entity, or combination of individuals and business entities. (g) “Private portion of the project” means those parcels of land within the Long Beach Civic Center to be conveyed to a private entity and developed as residential, retail, hospitality, institutional, or industrial facilities. (h) “Project” means the revitalization and redevelopment of the Long Beach Civic Center with a new city hall, port headquarters, public library, and public park, and residential, retail, hospitality, institutional, and industrial facilities. (i) “Public portion of the project” means those parcels of land within the Long Beach Civic Center to be developed as a city hall, port headquarters, public park, public library, or other government facilities. (j) “Public-private partnership” means a cooperative arrangement between the public and private sectors, built on the expertise of each partner, that best meets the city’s needs through the appropriate allocation of resources, risks, and rewards for the purposes of, and, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. 5976. (a) The city may contract and procure the project pursuant to this chapter. (b) The city shall evaluate the project proposals it solicits and receives and choose the private entity or entities whose proposal is, or proposals are, judged as providing the best value in meeting the best interests of the city. The city may enter into a public-private partnership through a concession agreement, design-build agreement, design-build-finance agreement, project agreement, lease-leaseback, or other appropriate agreements combining one or more major elements of the foregoing agreements, with one or more private entities for delivery of the project. The city shall retain the right to terminate the project prior to project award should the city determine that the project is not in the best interests of the city or should the negotiations with the private entity or entities otherwise fail. (c) The contract award for the project shall be made to the private entity or entities whose proposal or proposals are determined by the city, in writing, to be the most advantageous by providing the best value in meeting the best interests of the city. (d) The negotiation process shall specifically prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter that would subject those employees to the prohibition of Section 87100. (e) All documents related to the project shall be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7), except those exempted from disclosure under that act. 5977. (a) The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences. (b) The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term. (c) The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing. (d) The plans and specifications for the project shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project shall utilize private sector firms for studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. However, a facility subject to this chapter and leased to a private entity, during the term of the lease, shall be deemed to be public property for purposes of identification, maintenance, enforcement of laws, and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (e) This chapter shall not be construed to authorize the city to use tidelands trust revenues that are subject to Section 6306 of the Public Resources Code or any other applicable granting statute for general municipal purposes or any other purpose unconnected with the public trust. 5978. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 5979. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 4610 of the Labor Code is amended to read: 4610. (a) For purposes of this section, “utilization review” means utilization review or utilization management functions that prospectively, retrospectively, or concurrently review and approve, modify, delay, or deny, based in whole or in part on medical necessity to cure and relieve, treatment recommendations by physicians, as defined in Section 3209.3, prior to, retrospectively, or concurrent with the provision of medical treatment services pursuant to Section 4600. (b) Every employer shall establish a utilization review process in compliance with this section, either directly or through its insurer or an entity with which an employer or insurer contracts for these services. (c) Each utilization review process shall be governed by written policies and procedures. These policies and procedures shall ensure that decisions based on the medical necessity to cure and relieve of proposed medical treatment services are consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. These policies and procedures, and a description of the utilization process, shall be filed with the administrative director and shall be disclosed by the employer to employees, physicians, and the public upon request. (d) If an employer, insurer, or other entity subject to this section requests medical information from a physician in order to determine whether to approve, modify, delay, or deny requests for authorization, the employer shall request only the information reasonably necessary to make the determination. The employer, insurer, or other entity shall employ or designate a medical director who holds an unrestricted license to practice medicine in this state issued pursuant to Section 2050 or 2450 of the Business and Professions Code. The medical director shall ensure that the process by which the employer or other entity reviews and approves, modifies, delays, or denies requests by physicians prior to, retrospectively, or concurrent with the provision of medical treatment services, complies with the requirements of this section. Nothing in this section shall be construed as restricting the existing authority of the Medical Board of California. (e) (1) No person other than a licensed physician who is competent to evaluate the specific clinical issues involved in the medical treatment services, and where these services are within the scope of the physician’s practice, requested by the physician may modify, delay, or deny requests for authorization of medical treatment for reasons of medical necessity to cure and relieve. (2) (A) The employer, or any entity conducting utilization review on behalf of the employer, shall neither offer nor provide any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician under this section. (B) An insurer or third-party administrator shall not refer utilization review services conducted on behalf of an employer under this section to an entity in which the insurer or third-party administrator has a financial interest as defined under Section 139.32. This prohibition does not apply if the insurer or third-party administrator provides the employer with prior written disclosure of both of the following: (i) The entity conducting the utilization review services. (ii) The insurer or third-party administrator’s financial interest in the entity. (3) The administrative director has authority pursuant to this section to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. Any information disclosed to the administrative director pursuant to this paragraph shall be considered confidential information and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) unless the division can demonstrate that the information was in the public domain at the time it was disclosed or has entered the public domain through no fault of the division. Code). Disclosure of the information to the administrative director pursuant to this subdivision shall not waive the provisions of the Evidence Code relating to privilege. (f) The criteria or guidelines used in the utilization review process to determine whether to approve, modify, delay, or deny medical treatment services shall be all of the following: (1) Developed with involvement from actively practicing physicians. (2) Consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. (3) Evaluated at least annually, and updated if necessary. (4) Disclosed to the physician and the employee, if used as the basis of a decision to modify, delay, or deny services in a specified case under review. (5) Available to the public upon request. An employer shall only be required to disclose the criteria or guidelines for the specific procedures or conditions requested. An employer may charge members of the public reasonable copying and postage expenses related to disclosing criteria or guidelines pursuant to this paragraph. Criteria or guidelines may also be made available through electronic means. No charge shall be required for an employee whose physician’s request for medical treatment services is under review. (g) In determining whether to approve, modify, delay, or deny requests by physicians prior to, retrospectively, or concurrent with the provisions of medical treatment services to employees all of the following requirements shall be met: (1) Prospective or concurrent decisions shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, not to exceed five working days from the receipt of the information reasonably necessary to make the determination, but in no event more than 14 days from the date of the medical treatment recommendation by the physician. In cases where the review is retrospective, a decision resulting in denial of all or part of the medical treatment service shall be communicated to the individual who received services, or to the individual’s designee, within 30 days of receipt of information that is reasonably necessary to make this determination. If payment for a medical treatment service is made within the time prescribed by Section 4603.2, a retrospective decision to approve the service need not otherwise be communicated. (2) When the employee’s condition is such that the employee faces an imminent and serious threat to his or her health, including, but not limited to, the potential loss of life, limb, or other major bodily function, or the normal timeframe for the decisionmaking process, as described in paragraph (1), would be detrimental to the employee’s life or health or could jeopardize the employee’s ability to regain maximum function, decisions to approve, modify, delay, or deny requests by physicians prior to, or concurrent with, the provision of medical treatment services to employees shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, but not to exceed 72 hours after the receipt of the information reasonably necessary to make the determination. (3) (A) Decisions to approve, modify, delay, or deny requests by physicians for authorization prior to, or concurrent with, the provision of medical treatment services to employees shall be communicated to the requesting physician within 24 hours of the decision. Decisions resulting in modification, delay, or denial of all or part of the requested health care service shall be communicated to physicians initially by telephone or facsimile, and to the physician and employee in writing within 24 hours for concurrent review, or within two business days of the decision for prospective review, as prescribed by the administrative director. If the request is not approved in full, disputes shall be resolved in accordance with Section 4610.5, if applicable, or otherwise in accordance with Section 4062. (B) In the case of concurrent review, medical care shall not be discontinued until the employee’s physician has been notified of the decision and a care plan has been agreed upon by the physician that is appropriate for the medical needs of the employee. Medical care provided during a concurrent review shall be care that is medically necessary to cure and relieve, and an insurer or self-insured employer shall only be liable for those services determined medically necessary to cure and relieve. If the insurer or self-insured employer disputes whether or not one or more services offered concurrently with a utilization review were medically necessary to cure and relieve, the dispute shall be resolved pursuant to Section 4610.5, if applicable, or otherwise pursuant to Section 4062. Any compromise between the parties that an insurer or self-insured employer believes may result in payment for services that were not medically necessary to cure and relieve shall be reported by the insurer or the self-insured employer to the licensing board of the provider or providers who received the payments, in a manner set forth by the respective board and in such a way as to minimize reporting costs both to the board and to the insurer or self-insured employer, for evaluation as to possible violations of the statutes governing appropriate professional practices. No fees shall be levied upon insurers or self-insured employers making reports required by this section. (4) Communications regarding decisions to approve requests by physicians shall specify the specific medical treatment service approved. Responses regarding decisions to modify, delay, or deny medical treatment services requested by physicians shall include a clear and concise explanation of the reasons for the employer’s decision, a description of the criteria or guidelines used, and the clinical reasons for the decisions regarding medical necessity. If a utilization review decision to deny or delay a medical service is due to incomplete or insufficient information, the decision shall specify the reason for the decision and specify the information that is needed. (5) If the employer, insurer, or other entity cannot make a decision within the timeframes specified in paragraph (1) or (2) because the employer or other entity is not in receipt of all of the information reasonably necessary and requested, because the employer requires consultation by an expert reviewer, or because the employer has asked that an additional examination or test be performed upon the employee that is reasonable and consistent with good medical practice, the employer shall immediately notify the physician and the employee, in writing, that the employer cannot make a decision within the required timeframe, and specify the information requested but not received, the expert reviewer to be consulted, or the additional examinations or tests required. The employer shall also notify the physician and employee of the anticipated date on which a decision may be rendered. Upon receipt of all information reasonably necessary and requested by the employer, the employer shall approve, modify, or deny the request for authorization within the timeframes specified in paragraph (1) or (2). (6) A utilization review decision to modify, delay, or deny a treatment recommendation shall remain effective for 12 months from the date of the decision without further action by the employer with regard to any further recommendation by the same physician for the same treatment unless the further recommendation is supported by a documented change in the facts material to the basis of the utilization review decision. (7) Utilization review of a treatment recommendation shall not be required while the employer is disputing liability for injury or treatment of the condition for which treatment is recommended pursuant to Section 4062. (8) If utilization review is deferred pursuant to paragraph (7), and it is finally determined that the employer is liable for treatment of the condition for which treatment is recommended, the time for the employer to conduct retrospective utilization review in accordance with paragraph (1) shall begin on the date the determination of the employer’s liability becomes final, and the time for the employer to conduct prospective utilization review shall commence from the date of the employer’s receipt of a treatment recommendation after the determination of the employer’s liability. (h) Every employer, insurer, or other entity subject to this section shall maintain telephone access for physicians to request authorization for health care services. (i) If the administrative director determines that the employer, insurer, or other entity subject to this section has failed to meet any of the timeframes in this section, or has failed to meet any other requirement of this section, the administrative director may assess, by order, administrative penalties for each failure. A proceeding for the issuance of an order assessing administrative penalties shall be subject to appropriate notice to, and an opportunity for a hearing with regard to, the person affected. The administrative penalties shall not be deemed to be an exclusive remedy for the administrative director. These penalties shall be deposited in the Workers’ Compensation Administration Revolving Fund. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 4610 of the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The limitations on the people’s rights of access set forth in this act are necessary to protect the privacy and integrity of information submitted to the Administrative Director of the Division of Workers’ Compensation pursuant to paragraph (3) of subdivision (e) of Section 4610 of the Labor Code.

Existing law requires every employer, for purposes of workers’ compensation, to establish a utilization review process to prospectively, retrospectively, or concurrently review requests by physicians for authorization to provide recommended medical treatment to injured employees. Existing law establishes timeframes for an employer to make a determination regarding a physician’s request. Existing law requires the utilization review process to be governed by written policies and procedures, and requires that these policies and procedures be filed with the Administrative Director of the Division of Workers’ Compensation and disclosed by the employer to employees, physicians, and the public upon request. This bill would prohibit the employer, or any entity conducting utilization review on behalf of the employer, from offering or providing any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician. The bill would authorize the administrative director to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. The bill would make any information disclosed to the administrative director confidential and not subject to public disclosure, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4610 of the Labor Code is amended to read: 4610. (a) For purposes of this section, “utilization review” means utilization review or utilization management functions that prospectively, retrospectively, or concurrently review and approve, modify, delay, or deny, based in whole or in part on medical necessity to cure and relieve, treatment recommendations by physicians, as defined in Section 3209.3, prior to, retrospectively, or concurrent with the provision of medical treatment services pursuant to Section 4600. (b) Every employer shall establish a utilization review process in compliance with this section, either directly or through its insurer or an entity with which an employer or insurer contracts for these services. (c) Each utilization review process shall be governed by written policies and procedures. These policies and procedures shall ensure that decisions based on the medical necessity to cure and relieve of proposed medical treatment services are consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. These policies and procedures, and a description of the utilization process, shall be filed with the administrative director and shall be disclosed by the employer to employees, physicians, and the public upon request. (d) If an employer, insurer, or other entity subject to this section requests medical information from a physician in order to determine whether to approve, modify, delay, or deny requests for authorization, the employer shall request only the information reasonably necessary to make the determination. The employer, insurer, or other entity shall employ or designate a medical director who holds an unrestricted license to practice medicine in this state issued pursuant to Section 2050 or 2450 of the Business and Professions Code. The medical director shall ensure that the process by which the employer or other entity reviews and approves, modifies, delays, or denies requests by physicians prior to, retrospectively, or concurrent with the provision of medical treatment services, complies with the requirements of this section. Nothing in this section shall be construed as restricting the existing authority of the Medical Board of California. (e) (1) No person other than a licensed physician who is competent to evaluate the specific clinical issues involved in the medical treatment services, and where these services are within the scope of the physician’s practice, requested by the physician may modify, delay, or deny requests for authorization of medical treatment for reasons of medical necessity to cure and relieve. (2) (A) The employer, or any entity conducting utilization review on behalf of the employer, shall neither offer nor provide any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician under this section. (B) An insurer or third-party administrator shall not refer utilization review services conducted on behalf of an employer under this section to an entity in which the insurer or third-party administrator has a financial interest as defined under Section 139.32. This prohibition does not apply if the insurer or third-party administrator provides the employer with prior written disclosure of both of the following: (i) The entity conducting the utilization review services. (ii) The insurer or third-party administrator’s financial interest in the entity. (3) The administrative director has authority pursuant to this section to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician. Any information disclosed to the administrative director pursuant to this paragraph shall be considered confidential information and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) unless the division can demonstrate that the information was in the public domain at the time it was disclosed or has entered the public domain through no fault of the division. Code). Disclosure of the information to the administrative director pursuant to this subdivision shall not waive the provisions of the Evidence Code relating to privilege. (f) The criteria or guidelines used in the utilization review process to determine whether to approve, modify, delay, or deny medical treatment services shall be all of the following: (1) Developed with involvement from actively practicing physicians. (2) Consistent with the schedule for medical treatment utilization adopted pursuant to Section 5307.27. (3) Evaluated at least annually, and updated if necessary. (4) Disclosed to the physician and the employee, if used as the basis of a decision to modify, delay, or deny services in a specified case under review. (5) Available to the public upon request. An employer shall only be required to disclose the criteria or guidelines for the specific procedures or conditions requested. An employer may charge members of the public reasonable copying and postage expenses related to disclosing criteria or guidelines pursuant to this paragraph. Criteria or guidelines may also be made available through electronic means. No charge shall be required for an employee whose physician’s request for medical treatment services is under review. (g) In determining whether to approve, modify, delay, or deny requests by physicians prior to, retrospectively, or concurrent with the provisions of medical treatment services to employees all of the following requirements shall be met: (1) Prospective or concurrent decisions shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, not to exceed five working days from the receipt of the information reasonably necessary to make the determination, but in no event more than 14 days from the date of the medical treatment recommendation by the physician. In cases where the review is retrospective, a decision resulting in denial of all or part of the medical treatment service shall be communicated to the individual who received services, or to the individual’s designee, within 30 days of receipt of information that is reasonably necessary to make this determination. If payment for a medical treatment service is made within the time prescribed by Section 4603.2, a retrospective decision to approve the service need not otherwise be communicated. (2) When the employee’s condition is such that the employee faces an imminent and serious threat to his or her health, including, but not limited to, the potential loss of life, limb, or other major bodily function, or the normal timeframe for the decisionmaking process, as described in paragraph (1), would be detrimental to the employee’s life or health or could jeopardize the employee’s ability to regain maximum function, decisions to approve, modify, delay, or deny requests by physicians prior to, or concurrent with, the provision of medical treatment services to employees shall be made in a timely fashion that is appropriate for the nature of the employee’s condition, but not to exceed 72 hours after the receipt of the information reasonably necessary to make the determination. (3) (A) Decisions to approve, modify, delay, or deny requests by physicians for authorization prior to, or concurrent with, the provision of medical treatment services to employees shall be communicated to the requesting physician within 24 hours of the decision. Decisions resulting in modification, delay, or denial of all or part of the requested health care service shall be communicated to physicians initially by telephone or facsimile, and to the physician and employee in writing within 24 hours for concurrent review, or within two business days of the decision for prospective review, as prescribed by the administrative director. If the request is not approved in full, disputes shall be resolved in accordance with Section 4610.5, if applicable, or otherwise in accordance with Section 4062. (B) In the case of concurrent review, medical care shall not be discontinued until the employee’s physician has been notified of the decision and a care plan has been agreed upon by the physician that is appropriate for the medical needs of the employee. Medical care provided during a concurrent review shall be care that is medically necessary to cure and relieve, and an insurer or self-insured employer shall only be liable for those services determined medically necessary to cure and relieve. If the insurer or self-insured employer disputes whether or not one or more services offered concurrently with a utilization review were medically necessary to cure and relieve, the dispute shall be resolved pursuant to Section 4610.5, if applicable, or otherwise pursuant to Section 4062. Any compromise between the parties that an insurer or self-insured employer believes may result in payment for services that were not medically necessary to cure and relieve shall be reported by the insurer or the self-insured employer to the licensing board of the provider or providers who received the payments, in a manner set forth by the respective board and in such a way as to minimize reporting costs both to the board and to the insurer or self-insured employer, for evaluation as to possible violations of the statutes governing appropriate professional practices. No fees shall be levied upon insurers or self-insured employers making reports required by this section. (4) Communications regarding decisions to approve requests by physicians shall specify the specific medical treatment service approved. Responses regarding decisions to modify, delay, or deny medical treatment services requested by physicians shall include a clear and concise explanation of the reasons for the employer’s decision, a description of the criteria or guidelines used, and the clinical reasons for the decisions regarding medical necessity. If a utilization review decision to deny or delay a medical service is due to incomplete or insufficient information, the decision shall specify the reason for the decision and specify the information that is needed. (5) If the employer, insurer, or other entity cannot make a decision within the timeframes specified in paragraph (1) or (2) because the employer or other entity is not in receipt of all of the information reasonably necessary and requested, because the employer requires consultation by an expert reviewer, or because the employer has asked that an additional examination or test be performed upon the employee that is reasonable and consistent with good medical practice, the employer shall immediately notify the physician and the employee, in writing, that the employer cannot make a decision within the required timeframe, and specify the information requested but not received, the expert reviewer to be consulted, or the additional examinations or tests required. The employer shall also notify the physician and employee of the anticipated date on which a decision may be rendered. Upon receipt of all information reasonably necessary and requested by the employer, the employer shall approve, modify, or deny the request for authorization within the timeframes specified in paragraph (1) or (2). (6) A utilization review decision to modify, delay, or deny a treatment recommendation shall remain effective for 12 months from the date of the decision without further action by the employer with regard to any further recommendation by the same physician for the same treatment unless the further recommendation is supported by a documented change in the facts material to the basis of the utilization review decision. (7) Utilization review of a treatment recommendation shall not be required while the employer is disputing liability for injury or treatment of the condition for which treatment is recommended pursuant to Section 4062. (8) If utilization review is deferred pursuant to paragraph (7), and it is finally determined that the employer is liable for treatment of the condition for which treatment is recommended, the time for the employer to conduct retrospective utilization review in accordance with paragraph (1) shall begin on the date the determination of the employer’s liability becomes final, and the time for the employer to conduct prospective utilization review shall commence from the date of the employer’s receipt of a treatment recommendation after the determination of the employer’s liability. (h) Every employer, insurer, or other entity subject to this section shall maintain telephone access for physicians to request authorization for health care services. (i) If the administrative director determines that the employer, insurer, or other entity subject to this section has failed to meet any of the timeframes in this section, or has failed to meet any other requirement of this section, the administrative director may assess, by order, administrative penalties for each failure. A proceeding for the issuance of an order assessing administrative penalties shall be subject to appropriate notice to, and an opportunity for a hearing with regard to, the person affected. The administrative penalties shall not be deemed to be an exclusive remedy for the administrative director. These penalties shall be deposited in the Workers’ Compensation Administration Revolving Fund. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 4610 of the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The limitations on the people’s rights of access set forth in this act are necessary to protect the privacy and integrity of information submitted to the Administrative Director of the Division of Workers’ Compensation pursuant to paragraph (3) of subdivision (e) of Section 4610 of the Labor Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 7.7. Statewide Open Data Portal 11795. For purposes of this chapter, the following terms have the following meanings: (a) “Agency” means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office. (b) “Data set” means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded. (c) “Inventory” means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set. (d) “Open data roadmap” means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency’s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy. (e) “Statewide open data portal” means a centralized data Internet Web site, with the ability to display and export data published from state agencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal. 11795.1. (a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations. (b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation. (c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state. (2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section. (B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal. (D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal. (E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https://bythenumbers.sco.ca.gov/ and https://chhs.data.ca.gov/. (F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration. (d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data. (e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies’ data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following: (1) Assess progress on the open data roadmap. (2) Discuss and recommend statewide policies and guidelines. (3) Share best practices across agencies. (4) Coordinate data sharing between agencies. (f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish. (2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes. (3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published. (B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data portal site. portal. (C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature. 11795.2. This chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law also requires every public agency to comply with the California Public Records Act and with any subsequent statutory enactment amending the act, or enacting or amending any successor act. This bill would require a Chief Data Officer to be appointed by the Governor, on or before July 1, 2016, subject to Senate confirmation. The Chief Data Officer would report to the Secretary of Government Operations. The bill would require the Chief Data Officer to, among other things, create the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill would require each agency, as defined, to publish a summary listing of all of its available data sets on the portal. The bill would also require state agencies identified by the Chief Data Officer to appoint a data coordinator who would be responsible for compliance with these provisions. The bill would require any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations. The bill would prohibit these provisions from affecting the obligation of an agency to provide notices or information to the public.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 7.7. Statewide Open Data Portal 11795. For purposes of this chapter, the following terms have the following meanings: (a) “Agency” means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office. (b) “Data set” means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded. (c) “Inventory” means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set. (d) “Open data roadmap” means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency’s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy. (e) “Statewide open data portal” means a centralized data Internet Web site, with the ability to display and export data published from state agencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal. 11795.1. (a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations. (b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation. (c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state. (2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section. (B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal. (D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal. (E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https://bythenumbers.sco.ca.gov/ and https://chhs.data.ca.gov/. (F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration. (d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data. (e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies’ data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following: (1) Assess progress on the open data roadmap. (2) Discuss and recommend statewide policies and guidelines. (3) Share best practices across agencies. (4) Coordinate data sharing between agencies. (f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish. (2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes. (3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published. (B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data portal site. portal. (C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature. 11795.2. This chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law. ### Summary: This bill would enact the Statewide Open Data Portal Act, which would require the Chief Data Officer to create an inventory of all available data in the state, and to

The people of the State of California do enact as follows: SECTION 1. Section 230.8 of the Labor Code is amended to read: 230.8. (a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: (A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. (B) To address a child care provider or school emergency, if the employee gives notice to the employer. (2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. (b) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. (2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. (c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. (d) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. (e) For purposes of this section, the following terms have the following meanings: (1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. (2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: (A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. (B) Behavioral or discipline problems. (C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. (D) A natural disaster, including, but not limited to, fire, earthquake, or flood. SEC. 2. Section 233 of the Labor Code is amended to read: 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave. (b) As used in this section: (1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (2) “Family member” has the same meaning as defined in Section 245.5. (3) (A) “Sick leave” means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the reasons specified in subdivision (a) of Section 246.5. (B) “Sick leave” does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer’s general assets. (c) An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5. (d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. (e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with Chapter 4 (commencing with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney’s fees. (f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other law.

(1) Existing law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year for the purpose of participating in school activities, subject to specified conditions. Existing law requires an employee to provide documentation regarding these activities upon request by an employer and provides remedies to employees discharged, demoted, or in any other manner discriminated against as a result of his or her exercise of this right to take time off. This bill would revise references to a child day care facility to instead refer to a child care provider. The bill would include the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent having custody of a child shall not be discriminated against or discharged, as described above. The bill would define “parent” for these purposes as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child, thereby extending these protections to an employee who is a stepparent or foster parent or who stands in loco parentis to a child. (2) Existing law requires an employer who provides sick leave for employees to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a child, parent, spouse, or domestic partner and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. Existing law defines “sick leave” for these purposes as leave provided for use by the employee during an absence from employment for specified reasons, including, but not limited to, an employee’s inability to perform his or her duties due to illness, injury, or a medical condition of the employee. The Healthy Workplaces, Healthy Families Act of 2014 requires an employer, upon the request of an employee, to provide paid sick days for a victim of domestic violence or the diagnosis, care, or treatment of an existing health condition of, or preventive care for, the employee or the employee’s family member, which is defined as including, in addition to the above-described relatives, grandparents, grandchildren, and siblings. This bill would instead require an employer to permit an employee to use sick leave for the purposes specified in the Healthy Workplaces, Healthy Families Act of 2014, would redefine “sick leave” as leave provided for use by the employee during an absence from employment for these purposes, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for these purposes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 230.8 of the Labor Code is amended to read: 230.8. (a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: (A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. (B) To address a child care provider or school emergency, if the employee gives notice to the employer. (2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. (b) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. (2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. (c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. (d) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. (e) For purposes of this section, the following terms have the following meanings: (1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. (2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: (A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. (B) Behavioral or discipline problems. (C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. (D) A natural disaster, including, but not limited to, fire, earthquake, or flood. SEC. 2. Section 233 of the Labor Code is amended to read: 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave. (b) As used in this section: (1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (2) “Family member” has the same meaning as defined in Section 245.5. (3) (A) “Sick leave” means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the reasons specified in subdivision (a) of Section 246.5. (B) “Sick leave” does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer’s general assets. (c) An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5. (d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. (e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with Chapter 4 (commencing with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney’s fees. (f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other law. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 54237 of the Government Code is amended to read: 54237. (a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures: (1) First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value. (2) Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property two years or more and who are persons and families of low or moderate income. (3) Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property five years or more and whose household income does not exceed 150 percent of the area median income. (4) Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years. (b) Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5. (c) If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures utilized for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted. (d) All other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows: (1) Except as required by paragraph (2), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows: (A) If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. (B) If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low and moderate income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions as will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions. (2) (A) If the property is a historic home, the property shall be offered first to a housing-related public entity subject to subparagraph (A) or (B) of paragraph (1) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to subparagraph (B) of paragraph (1). (B) For the purposes of this subdivision, “historic home” means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015: (i) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code. (ii) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code. (iii) The Ne="margin:0 0 1em 0" class="ActionLine"> SEC. 2. Section 54237.7 of the Government Code is amended to read: 54237.7. (a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus residential property from the department to a new owner pursuant to this article into the SR-710 Rehabilitation Account, which is hereby created. Notwithstanding Section 13340, funds in the account are hereby continuously appropriated to the department without regard to fiscal years for the purpose of providing repairs required pursuant to subdivision (b) of Section 54237. The total funds maintained in the account shall not exceed five hundred thousand dollars ($500,000). Funds exceeding that amount, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission (commission) exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Projects shall be selected and prioritized by the affected communities in consultation with the Los Angeles County Metropolitan Transportation Authority, pursuant to guidelines developed by the commission. The Los Angeles County Metropolitan Transportation Authority shall submit a proposed program of projects and the commission shall have final authority to approve the projects. Eligible projects may include, but are not limited to: sound walls; transit and rail capital improvements; bikeways; pedestrian improvements; signal synchronization; left turn signals; and major street resurfacing, rehabilitation, and reconstruction. The funds shall not be used to advance or construct any proposed North State Route 710 tunnel. Any funds remaining in the SR-710 Rehabilitation Account on the date that final payment due for the last of the properties repaired has been made, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund, to be used exclusively for the purposes described in this section. (b) Notwithstanding any other law, the net proceeds from a subsequent market sale of surplus residential property sold pursuant to this article at an affordable or reasonable price, as specified in regulations adopted by the department, shall be deposited into the Affordable Housing Trust Account, which is hereby created within the Housing Finance Fund and, notwithstanding Section 13340, continuously appropriated to the California Housing Finance Agency to carry out any activity authorized by Part 3 (commencing with Section 50900) of Division 31 of the Health and Safety Code for the benefit of persons and families of low and moderate income residing exclusively in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The priority for the distribution of proceeds from subsequent sales shall be established pursuant to regulations adopted by the department. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to affordable housing and surplus properties in the State Route 710 corridor. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the sale of historic properties in the State Route 710 corridor, it is necessary that this act take effect immediately.

(1) Existing law declares the intent of the Legislature to preserve, upgrade, and expand the supply of housing to persons and families of low or moderate income, through the sale of specified surplus residential property owned by public agencies. Existing law establishes priorities and procedures that any state agency disposing of that surplus residential property is required to follow. Under existing law, specified single-family residences must first be offered to their former owners or present occupants, as specified. If the property is not sold to a former owner or present occupant, existing law requires that the property be offered to a housing-related private or public entity at a reasonable price for either limited equity cooperative housing or low and moderate income rental or owner-occupied housing, as specified. This bill would authorize a local housing authority to purchase and rehabilitate surplus residential property within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The local housing authority would be required to dedicate any profits realized from a subsequent sale to the construction of affordable housing. The bill would also require that, prior to offering the property to a housing-related private or public entity as specified above, that property that is a historic home, as defined, be first offered to a housing-related public entity or a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use. (2) Existing law requires the Department of Transportation to deposit proceeds from sales of surplus residential property into the SR-710 Rehabilitation Account, a continuously appropriated fund, to be distributed, as specified, exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. This bill would specifically require the department to deposit proceeds from the sale of surplus residential property from the department to a new owner in the SR-710 Rehabilitation Account. This bill would establish the Affordable Housing Trust Account within the Housing Finance Fund and require the net proceeds from a subsequent market sale of surplus residential property sold pursuant to these provisions at an affordable or reasonable price, as specified, be deposited in this account. The bill would continuously appropriate funds in this account to the California Housing Finance Agency to carry out specified activities for the benefit of persons residing exclusively within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. (4) This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 54237 of the Government Code is amended to read: 54237. (a) Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures: (1) First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value. (2) Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property two years or more and who are persons and families of low or moderate income. (3) Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property five years or more and whose household income does not exceed 150 percent of the area median income. (4) Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years. (b) Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5. (c) If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures utilized for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted. (d) All other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows: (1) Except as required by paragraph (2), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows: (A) If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. (B) If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low and moderate income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions as will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions. (2) (A) If the property is a historic home, the property shall be offered first to a housing-related public entity subject to subparagraph (A) or (B) of paragraph (1) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to subparagraph (B) of paragraph (1). (B) For the purposes of this subdivision, “historic home” means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015: (i) The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code. (ii) The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code. (iii) The Ne="margin:0 0 1em 0" class="ActionLine"> SEC. 2. Section 54237.7 of the Government Code is amended to read: 54237.7. (a) Notwithstanding Section 183.1 of the Streets and Highways Code, the Department of Transportation shall deposit proceeds from the sale of surplus residential property from the department to a new owner pursuant to this article into the SR-710 Rehabilitation Account, which is hereby created. Notwithstanding Section 13340, funds in the account are hereby continuously appropriated to the department without regard to fiscal years for the purpose of providing repairs required pursuant to subdivision (b) of Section 54237. The total funds maintained in the account shall not exceed five hundred thousand dollars ($500,000). Funds exceeding that amount, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund to be used for allocation by the California Transportation Commission (commission) exclusively to fund projects located in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Projects shall be selected and prioritized by the affected communities in consultation with the Los Angeles County Metropolitan Transportation Authority, pursuant to guidelines developed by the commission. The Los Angeles County Metropolitan Transportation Authority shall submit a proposed program of projects and the commission shall have final authority to approve the projects. Eligible projects may include, but are not limited to: sound walls; transit and rail capital improvements; bikeways; pedestrian improvements; signal synchronization; left turn signals; and major street resurfacing, rehabilitation, and reconstruction. The funds shall not be used to advance or construct any proposed North State Route 710 tunnel. Any funds remaining in the SR-710 Rehabilitation Account on the date that final payment due for the last of the properties repaired has been made, less any reimbursements due to the federal government, shall be transferred to the State Highway Account in the State Transportation Fund, to be used exclusively for the purposes described in this section. (b) Notwithstanding any other law, the net proceeds from a subsequent market sale of surplus residential property sold pursuant to this article at an affordable or reasonable price, as specified in regulations adopted by the department, shall be deposited into the Affordable Housing Trust Account, which is hereby created within the Housing Finance Fund and, notwithstanding Section 13340, continuously appropriated to the California Housing Finance Agency to carry out any activity authorized by Part 3 (commencing with Section 50900) of Division 31 of the Health and Safety Code for the benefit of persons and families of low and moderate income residing exclusively in Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. The priority for the distribution of proceeds from subsequent sales shall be established pursuant to regulations adopted by the department. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to affordable housing and surplus properties in the State Route 710 corridor. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the sale of historic properties in the State Route 710 corridor, it is necessary that this act take effect immediately. ### Summary: This bill amends the Government Code to require that surplus residential property in the State Route 710 corridor be offered to former owners and occupants before being sold to

The people of the State of California do enact as follows: SECTION 1. Section 51 of the Revenue and Taxation Code is amended to read: 51. (a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: (A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. (B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (D) The percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. (E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence residence, including the area of land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified taxpayer. (ii) For purposes of this subparagraph, all of the following shall apply: (I) “Qualified taxpayer” means a person who owns a dwelling as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: (ia) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. (ib) If the qualified taxpayer is married, his or her their combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. (II) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. (III) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. (2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. (b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: (1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). (2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. (c) If the real property was damaged or destroyed by disaster, misfortune misfortune, or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. (d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. (e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. SEC. 2. Section 5813 of the Revenue and Taxation Code is amended to read: 5813. (a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, provided that any percentage increase shall not exceed 2 percent of the prior year’s value; or (2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value; or (3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired repaired, or reconstructed or other provisions of law require establishment of a new base year value. (b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified taxpayer. (2) For purposes of this subdivision, all of the following shall apply: (A) “Qualified taxpayer” means a person who owns a manufactured home as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: (i) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. (ii) If the qualified taxpayer is married, his or her their combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. (B) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. (C) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. SEC. 3. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 5. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by an inflationary rate not to exceed 2% for any given year. Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by the inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. This bill would provide that the inflation factor shall not apply to the principal place of residence residence, as specified, of a “qualified taxpayer,” defined by the bill to mean a person who owns a dwelling as his or her principal place of residence, or a person who owns a manufactured home as his or her principal place of residence, who is 65 years of age or older on the lien date who meets specified requirements. By changing the manner in which local tax officials calculate the taxable value of real property owned by senior citizens, this bill would impose a state-mandated local program. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 51 of the Revenue and Taxation Code is amended to read: 51. (a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: (A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. (B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (D) The percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. (E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence residence, including the area of land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified taxpayer. (ii) For purposes of this subparagraph, all of the following shall apply: (I) “Qualified taxpayer” means a person who owns a dwelling as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: (ia) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. (ib) If the qualified taxpayer is married, his or her their combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. (II) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. (III) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. (2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. (b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: (1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). (2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. (c) If the real property was damaged or destroyed by disaster, misfortune misfortune, or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. (d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. (e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. SEC. 2. Section 5813 of the Revenue and Taxation Code is amended to read: 5813. (a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, provided that any percentage increase shall not exceed 2 percent of the prior year’s value; or (2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value; or (3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired repaired, or reconstructed or other provisions of law require establishment of a new base year value. (b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified taxpayer. (2) For purposes of this subdivision, all of the following shall apply: (A) “Qualified taxpayer” means a person who owns a manufactured home as his or her principal place of residence who is 65 years of age or older on the lien date and satisfies either of the following: (i) If the qualified taxpayer is single, his or her annual household income, as defined in Section 20504, is twenty-five thousand dollars ($25,000) or less. (ii) If the qualified taxpayer is married, his or her their combined annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. (B) A qualified taxpayer who is 65 years of age or older includes a married couple, one member of which is 65 years of age or older on the lien date. (C) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified taxpayer. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. SEC. 3. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 5. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) Tobacco use is the single most preventable cause of death and disease in California, claiming the lives of more than 40,000 people every year. California still has approximately 3.64 million adult smokers and 224,000 youth smokers. (b) The inevitable health care costs of smoking come to almost $10 for every pack of cigarettes sold in California. (c) Tobacco use costs Californians more than $13.29 billion in tobacco-related medical expenses every year. The cost of lost productivity due to tobacco use adds an additional estimated $10.35 billion to the annual economic consequences of smoking in California. (d) The treatment of cancer, heart disease and stroke, lung disease, diabetes, and other diseases related to tobacco use continues to impose a significant burden upon California’s overstressed health care system, including publicly funded health care programs. (e) In 2015–16, it is estimated that the General Fund cost of publicly funded health care programs to the state will be more than $18 billion. In 2015–16, it is estimated that publicly funded health care programs will provide health care coverage to more than 12 million Californians. At the same time, hundreds of thousands of families and children go without any medical coverage due to financial constraints upon the state and local government budgets and recent cutbacks in publicly funded health care programs. (f) A recent cost-benefit analysis concluded that if states followed the United States Centers for Disease Control and Prevention’s Best Practices for Comprehensive Tobacco Control Programs 2007 funding guidelines, up to 14 to 20 times the cost of program implementation could be saved through reduced medical and productivity costs as well as reduced Medicaid costs. (g) The California Tobacco Tax Act of 2015 will help fund the comprehensive California Tobacco Control Program designed to change social norms about tobacco and discourage individuals from taking up smoking and the use of other tobacco products through educational programs, thereby saving the state and local governments significant money now and in the future. (h) Tobacco tax increases are an appropriate way to mitigate the impacts of tobacco-related diseases and improve existing programs providing for quality and access to health care services for families and children. (i) An increase in the tobacco tax will have an immediate effect on smoking and is the most appropriate mechanism to fund services to prevent tobacco use, help people quit smoking, and discourage many people from taking up smoking. (j) California taxes cigarettes at only $0.87 per pack, and ranks 33rd in tobacco tax rates, reflecting one of the lowest tobacco taxes in the United States. Thirty states have cigarette tax rates of $1 per pack or higher, and California is well below other west coast states (Washington: $3.025, Oregon: $1.31, and Arizona: $2). California last raised its tobacco tax in 1998. (k) The burden of smoking is not equally shared across California populations and communities. Tobacco use rates are much higher than the general population in African Americans, white men, Korean men, enlisted military personnel, lesbian, gay, bisexual, and transgender, young adult, rural, and low-income populations. (l) A reinvigorated tobacco control program will allow targeted public health and research efforts to combat the tobacco industry’s predatory marketing to ethnic groups, driving down smoking rates and ultimately reducing heart disease, stroke, lung disease, and cancer in these California communities, which together represent more than half one-half of our state’s residents. SEC. 2. Section 30104 of the Revenue and Taxation Code is amended to read: 30104. The taxes imposed by this part shall not apply to the sale of cigarettes or tobacco products by a distributor to a common carrier engaged in interstate or foreign passenger service or to a person authorized to sell cigarettes or tobacco products on the facilities of the carrier. Whenever cigarettes or tobacco products are sold by distributors to common carriers engaged in interstate or foreign passenger service for use or sale on facilities of the carriers, or to persons authorized to sell cigarettes or tobacco products on those facilities, the tax imposed under this part shall not be levied with respect to the sales of the cigarettes or tobacco products by the distributors, but a tax is hereby levied upon the carriers or upon the persons authorized to sell cigarettes or tobacco products on the facilities of the carriers, as the case may be, for the privilege of making sales in California at the same rate as set forth under this part. Those common carriers and authorized persons shall pay the tax imposed by this section and file reports with the board, as provided in Section 30186. SEC. 3. Section 30108 of the Revenue and Taxation Code is amended to read: 30108. (a) Every distributor engaged in business in this state and selling or accepting orders for cigarettes or tobacco products with respect to the sale of which the tax imposed under this part is inapplicable shall, at the time of making the sale or accepting the order or, if the purchaser is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the purchaser becomes so obligated, collect the tax from the purchaser, if the purchaser is other than a licensed distributor, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the board. (b) Every person engaged in business in this state and making gifts of untaxed cigarettes or tobacco products as samples with respect to which the tax imposed under this part is inapplicable shall, at the time of making the gift or, if the donee is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the donee becomes so obligated, collect the tax from the donee, if the donee is other than a licensed distributor, and shall give the donee a receipt therefor in the manner and form prescribed by the board. This section shall not apply to those distributions of cigarettes or tobacco products that are exempt from tax under Section 30105.5. (c) “Engaged in business in the state” means and includes any of the following: (1) Maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business. (2) Having any representative, agent, salesperson, canvasser, or solicitor operating in this state under the authority of the distributor or its subsidiary for the purpose of selling, delivering, or the taking of orders for cigarettes or tobacco products. (d) The taxes required to be collected by this section constitute debts owed by the distributor, or other person required to collect the taxes, to the state. SEC. 4. Article 2.5 (commencing with Section 30130.50) is added to Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code, to read: Article 2.5. The California Tobacco Tax Act of 2015 30130.50. For the purposes of this article: (a) “Cigarette” has the same meaning as in Section 30003 as it read on January 1, 2015. (b) “Tobacco products” includes, but is not limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50 percent, tobacco, but does not include cigarettes. 30130.51. In addition to any other taxes imposed upon the distribution of cigarettes, there shall be imposed an additional tax upon every distributor of cigarettes at the rate of one hundred mills ($0.10) for each cigarette distributed on or after January 1, 2016. 30130.52. (a) (1) Every dealer and wholesaler, for the privilege of holding or storing cigarettes for sale, use, or consumption, shall pay a floor stock tax for each cigarette in its possession or under its control in this state at 12:01 a.m. on January 1, 2016, at the rate of one hundred mills ($0.10) for each cigarette. (2) Every dealer and wholesaler shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of cigarettes in its possession or under its control in this state at 12:01 a.m. on January 1, 2016. The amount of tax shall be computed and shown on the return. (b) (1) Every licensed cigarette distributor, for the privilege of distributing cigarettes and for holding or storing cigarettes for sale, use, or consumption, shall pay a cigarette indicia adjustment tax for each California cigarette tax stamp that is affixed to any package of cigarettes and for each unaffixed California cigarette tax stamp in its possession or under its control at 12:01 a.m. on January 1, 2016, at the following rates: (A) Two dollars and fifty cents ($2.50) for each stamp bearing the designation “25.” (B) Two dollars ($2) for each stamp bearing the designation “20.” (C) One dollar ($1) for each stamp bearing the designation “10.” (2) Every licensed cigarette distributor shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of stamps described in subparagraphs (A), (B), and (C) of paragraph (1). The amount of tax shall be computed and shown on the return. (c) The taxes required to be paid by this section are due and payable on or before July 1, 2016. Payments shall be made by remittances payable to the board and the payments shall accompany the return and forms required to be filed by this section. (d) Any amount required to be paid by this section that is not timely paid shall bear interest at the rate and by the method established pursuant to Section 30202 from July 1, 2016, until paid, and shall be subject to determination, and redetermination, and any penalties provided with respect to determinations and redeterminations. 30130.54. (a) The California Tobacco Tax Act of 2015 Fund is hereby established in the State Treasury for the purposes set forth in this article. All revenues, less refunds and moneys transferred pursuant to Section 30130.53, derived from the taxes imposed by this article shall be deposited in the California Tobacco Tax Act of 2015 Fund. (b) Moneys in the California Tobacco Tax Act of 2015 Fund shall be transferred as follows: (1) ___ Fourteen percent to the Tobacco Prevention and Education Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. (2) ___ Eighty-four percent to the Tobacco Disease Related Health Care Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. (3) ___ Two percent to the Tobacco Law Enforcement Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. (c) Funds deposited into the California Tobacco Tax Act of 2015 Fund may be placed into the Pooled Money Investment Account for investment only, and interest earned shall be credited to the fund and deposited, apportioned, and expended only in accordance with this article and its purposes. (d) Notwithstanding any other law, the taxes imposed by this article and the revenue derived therefrom, including investment interest, shall not be considered to be part of the General Fund, as that term is used in Chapter 1 (commencing with Section 16300) of Part 2 of Division 4 of the Government Code, shall not be considered General Fund revenue for purposes of Section 8 of Article XVI of the California Constitution, and its implementing statutes, and shall not be considered “moneys to be applied by the state for the support of school districts and community college districts” pursuant to Section 8 of Article XVI of the California Constitution, and its implementing statutes. (e) Notwithstanding any other law, revenues deposited into the California Tobacco Tax Act of 2015 Fund, and any interest earned by the fund, shall only be used for the specific purposes set forth in this article. Revenues deposited into the California Tobacco Tax Act of 2015 Fund shall not be subject to appropriation, reversion, or transfer by the Legislature, the Governor, the Director of Finance, or the Controller for any other purpose, nor shall the funds be loaned to the General Fund or any other fund of the state or any local government fund. (f) All revenues deposited into the California Tobacco Tax Act of 2015 Fund shall be expended only for the purposes expressed in this article, and shall be used only to supplement existing levels of service and not to fund existing levels of service. Moneys in the fund shall not be used to supplant state or local general fund moneys for any purpose. SEC. 5. Section 30181 of the Revenue and Taxation Code is amended to read: 30181. (a) If any tax imposed upon cigarettes under this part is not paid through the use of stamps or meter impressions, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a distribution of cigarettes occurs, or in the case of a sale of cigarettes on the facilities of a common carrier for which the tax is imposed pursuant to Section 30104, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a sale of cigarettes on the facilities of the carrier occurs. (b) Each distributor of tobacco products shall file a return in the form, as prescribed by the board, that may include, but not be limited to, electronic media respecting the distributions of tobacco products and their wholesale cost during the preceding month, and any other information as the board may require to carry out this part. The return shall be filed with the board on or before the 25th day of the calendar month following the close of the monthly period for which it relates, together with a remittance payable to the board, of the amount of tax, if any, due under Article 2 (commencing with Section 30121) or Article 3 (commencing with Section 30131) of Chapter 2 for that period. (c) To facilitate the administration of this part, the board may require the filing of the returns for longer than monthly periods. (d) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. SEC. 7. This act shall become operative only if Assembly Bill 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.

The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax of $0.87 per package of 20 cigarettes on every distributor of cigarettes and a tax on the wholesale cost of tobacco products distributed at a tax rate that is equivalent to the combined rate of all taxes imposed on cigarettes, and at a rate equivalent to $0.50 per pack cigarette tax. Revenues from taxes imposed under this law are deposited in specified accounts. These taxes are inclusive of the taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Children and Families Act of 1998 (Proposition 10). This bill, beginning January 1, 2016, would impose an additional tax on the distribution of cigarettes at the rate of $0.10 for each cigarette distributed, which would be $2.00 per pack; would require a dealer and a wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in its possession or under its control on that date, and impose a related floor stock tax; and would require a licensed cigarette distributor to file a return with the board and pay a cigarette indicia adjustment tax at the rate equal to the difference between the existing tax rate and the tax rate imposed by this bill for cigarette tax stamps in its possession or under its control on that date. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. The bill would provide that the revenues collected from the additional tax be deposited in the California Tobacco Tax Act of 2015 Fund created by this bill, and transferred into accounts within that fund, which are created by this bill, the Tobacco Prevention and Education Account, the Tobacco Disease Related Health Care Account, and the Tobacco Law Enforcement Account. The bill would provide that revenue from this tax would not be considered General Fund revenue, and would limit the use or loan of those revenues, as provided. Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature. This bill would become operative only if AB 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) Tobacco use is the single most preventable cause of death and disease in California, claiming the lives of more than 40,000 people every year. California still has approximately 3.64 million adult smokers and 224,000 youth smokers. (b) The inevitable health care costs of smoking come to almost $10 for every pack of cigarettes sold in California. (c) Tobacco use costs Californians more than $13.29 billion in tobacco-related medical expenses every year. The cost of lost productivity due to tobacco use adds an additional estimated $10.35 billion to the annual economic consequences of smoking in California. (d) The treatment of cancer, heart disease and stroke, lung disease, diabetes, and other diseases related to tobacco use continues to impose a significant burden upon California’s overstressed health care system, including publicly funded health care programs. (e) In 2015–16, it is estimated that the General Fund cost of publicly funded health care programs to the state will be more than $18 billion. In 2015–16, it is estimated that publicly funded health care programs will provide health care coverage to more than 12 million Californians. At the same time, hundreds of thousands of families and children go without any medical coverage due to financial constraints upon the state and local government budgets and recent cutbacks in publicly funded health care programs. (f) A recent cost-benefit analysis concluded that if states followed the United States Centers for Disease Control and Prevention’s Best Practices for Comprehensive Tobacco Control Programs 2007 funding guidelines, up to 14 to 20 times the cost of program implementation could be saved through reduced medical and productivity costs as well as reduced Medicaid costs. (g) The California Tobacco Tax Act of 2015 will help fund the comprehensive California Tobacco Control Program designed to change social norms about tobacco and discourage individuals from taking up smoking and the use of other tobacco products through educational programs, thereby saving the state and local governments significant money now and in the future. (h) Tobacco tax increases are an appropriate way to mitigate the impacts of tobacco-related diseases and improve existing programs providing for quality and access to health care services for families and children. (i) An increase in the tobacco tax will have an immediate effect on smoking and is the most appropriate mechanism to fund services to prevent tobacco use, help people quit smoking, and discourage many people from taking up smoking. (j) California taxes cigarettes at only $0.87 per pack, and ranks 33rd in tobacco tax rates, reflecting one of the lowest tobacco taxes in the United States. Thirty states have cigarette tax rates of $1 per pack or higher, and California is well below other west coast states (Washington: $3.025, Oregon: $1.31, and Arizona: $2). California last raised its tobacco tax in 1998. (k) The burden of smoking is not equally shared across California populations and communities. Tobacco use rates are much higher than the general population in African Americans, white men, Korean men, enlisted military personnel, lesbian, gay, bisexual, and transgender, young adult, rural, and low-income populations. (l) A reinvigorated tobacco control program will allow targeted public health and research efforts to combat the tobacco industry’s predatory marketing to ethnic groups, driving down smoking rates and ultimately reducing heart disease, stroke, lung disease, and cancer in these California communities, which together represent more than half one-half of our state’s residents. SEC. 2. Section 30104 of the Revenue and Taxation Code is amended to read: 30104. The taxes imposed by this part shall not apply to the sale of cigarettes or tobacco products by a distributor to a common carrier engaged in interstate or foreign passenger service or to a person authorized to sell cigarettes or tobacco products on the facilities of the carrier. Whenever cigarettes or tobacco products are sold by distributors to common carriers engaged in interstate or foreign passenger service for use or sale on facilities of the carriers, or to persons authorized to sell cigarettes or tobacco products on those facilities, the tax imposed under this part shall not be levied with respect to the sales of the cigarettes or tobacco products by the distributors, but a tax is hereby levied upon the carriers or upon the persons authorized to sell cigarettes or tobacco products on the facilities of the carriers, as the case may be, for the privilege of making sales in California at the same rate as set forth under this part. Those common carriers and authorized persons shall pay the tax imposed by this section and file reports with the board, as provided in Section 30186. SEC. 3. Section 30108 of the Revenue and Taxation Code is amended to read: 30108. (a) Every distributor engaged in business in this state and selling or accepting orders for cigarettes or tobacco products with respect to the sale of which the tax imposed under this part is inapplicable shall, at the time of making the sale or accepting the order or, if the purchaser is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the purchaser becomes so obligated, collect the tax from the purchaser, if the purchaser is other than a licensed distributor, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the board. (b) Every person engaged in business in this state and making gifts of untaxed cigarettes or tobacco products as samples with respect to which the tax imposed under this part is inapplicable shall, at the time of making the gift or, if the donee is not then obligated to pay the tax with respect to his or her distribution of the cigarettes or tobacco products, at the time the donee becomes so obligated, collect the tax from the donee, if the donee is other than a licensed distributor, and shall give the donee a receipt therefor in the manner and form prescribed by the board. This section shall not apply to those distributions of cigarettes or tobacco products that are exempt from tax under Section 30105.5. (c) “Engaged in business in the state” means and includes any of the following: (1) Maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business. (2) Having any representative, agent, salesperson, canvasser, or solicitor operating in this state under the authority of the distributor or its subsidiary for the purpose of selling, delivering, or the taking of orders for cigarettes or tobacco products. (d) The taxes required to be collected by this section constitute debts owed by the distributor, or other person required to collect the taxes, to the state. SEC. 4. Article 2.5 (commencing with Section 30130.50) is added to Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code, to read: Article 2.5. The California Tobacco Tax Act of 2015 30130.50. For the purposes of this article: (a) “Cigarette” has the same meaning as in Section 30003 as it read on January 1, 2015. (b) “Tobacco products” includes, but is not limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50 percent, tobacco, but does not include cigarettes. 30130.51. In addition to any other taxes imposed upon the distribution of cigarettes, there shall be imposed an additional tax upon every distributor of cigarettes at the rate of one hundred mills ($0.10) for each cigarette distributed on or after January 1, 2016. 30130.52. (a) (1) Every dealer and wholesaler, for the privilege of holding or storing cigarettes for sale, use, or consumption, shall pay a floor stock tax for each cigarette in its possession or under its control in this state at 12:01 a.m. on January 1, 2016, at the rate of one hundred mills ($0.10) for each cigarette. (2) Every dealer and wholesaler shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of cigarettes in its possession or under its control in this state at 12:01 a.m. on January 1, 2016. The amount of tax shall be computed and shown on the return. (b) (1) Every licensed cigarette distributor, for the privilege of distributing cigarettes and for holding or storing cigarettes for sale, use, or consumption, shall pay a cigarette indicia adjustment tax for each California cigarette tax stamp that is affixed to any package of cigarettes and for each unaffixed California cigarette tax stamp in its possession or under its control at 12:01 a.m. on January 1, 2016, at the following rates: (A) Two dollars and fifty cents ($2.50) for each stamp bearing the designation “25.” (B) Two dollars ($2) for each stamp bearing the designation “20.” (C) One dollar ($1) for each stamp bearing the designation “10.” (2) Every licensed cigarette distributor shall file a return with the board on or before July 1, 2016, on a form prescribed by the board, showing the number of stamps described in subparagraphs (A), (B), and (C) of paragraph (1). The amount of tax shall be computed and shown on the return. (c) The taxes required to be paid by this section are due and payable on or before July 1, 2016. Payments shall be made by remittances payable to the board and the payments shall accompany the return and forms required to be filed by this section. (d) Any amount required to be paid by this section that is not timely paid shall bear interest at the rate and by the method established pursuant to Section 30202 from July 1, 2016, until paid, and shall be subject to determination, and redetermination, and any penalties provided with respect to determinations and redeterminations. 30130.54. (a) The California Tobacco Tax Act of 2015 Fund is hereby established in the State Treasury for the purposes set forth in this article. All revenues, less refunds and moneys transferred pursuant to Section 30130.53, derived from the taxes imposed by this article shall be deposited in the California Tobacco Tax Act of 2015 Fund. (b) Moneys in the California Tobacco Tax Act of 2015 Fund shall be transferred as follows: (1) ___ Fourteen percent to the Tobacco Prevention and Education Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. (2) ___ Eighty-four percent to the Tobacco Disease Related Health Care Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. (3) ___ Two percent to the Tobacco Law Enforcement Account, which is hereby created in the California Tobacco Tax Act of 2015 Fund. (c) Funds deposited into the California Tobacco Tax Act of 2015 Fund may be placed into the Pooled Money Investment Account for investment only, and interest earned shall be credited to the fund and deposited, apportioned, and expended only in accordance with this article and its purposes. (d) Notwithstanding any other law, the taxes imposed by this article and the revenue derived therefrom, including investment interest, shall not be considered to be part of the General Fund, as that term is used in Chapter 1 (commencing with Section 16300) of Part 2 of Division 4 of the Government Code, shall not be considered General Fund revenue for purposes of Section 8 of Article XVI of the California Constitution, and its implementing statutes, and shall not be considered “moneys to be applied by the state for the support of school districts and community college districts” pursuant to Section 8 of Article XVI of the California Constitution, and its implementing statutes. (e) Notwithstanding any other law, revenues deposited into the California Tobacco Tax Act of 2015 Fund, and any interest earned by the fund, shall only be used for the specific purposes set forth in this article. Revenues deposited into the California Tobacco Tax Act of 2015 Fund shall not be subject to appropriation, reversion, or transfer by the Legislature, the Governor, the Director of Finance, or the Controller for any other purpose, nor shall the funds be loaned to the General Fund or any other fund of the state or any local government fund. (f) All revenues deposited into the California Tobacco Tax Act of 2015 Fund shall be expended only for the purposes expressed in this article, and shall be used only to supplement existing levels of service and not to fund existing levels of service. Moneys in the fund shall not be used to supplant state or local general fund moneys for any purpose. SEC. 5. Section 30181 of the Revenue and Taxation Code is amended to read: 30181. (a) If any tax imposed upon cigarettes under this part is not paid through the use of stamps or meter impressions, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a distribution of cigarettes occurs, or in the case of a sale of cigarettes on the facilities of a common carrier for which the tax is imposed pursuant to Section 30104, the tax shall be due and payable monthly on or before the 25th day of the month following the calendar month in which a sale of cigarettes on the facilities of the carrier occurs. (b) Each distributor of tobacco products shall file a return in the form, as prescribed by the board, that may include, but not be limited to, electronic media respecting the distributions of tobacco products and their wholesale cost during the preceding month, and any other information as the board may require to carry out this part. The return shall be filed with the board on or before the 25th day of the calendar month following the close of the monthly period for which it relates, together with a remittance payable to the board, of the amount of tax, if any, due under Article 2 (commencing with Section 30121) or Article 3 (commencing with Section 30131) of Chapter 2 for that period. (c) To facilitate the administration of this part, the board may require the filing of the returns for longer than monthly periods. (d) Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. SEC. 7. This act shall become operative only if Assembly Bill 1396 of the 2015–16 Regular Session is also enacted and takes effect on or before January 1, 2016. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 3016 of the Penal Code is amended to read: 3016. (a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. The purpose of the pilot program is to implement promising and evidence-based practices and strategies that promote improved public safety outcomes for offenders reentering society after serving a term in state prison and while released to parole. (b) The program shall be initiated in at least three counties over three years, supported by department employees focusing primarily on case management services for eligible parolees selected for the pilot program. Department employees shall be experienced or trained to work as social workers with a parole population. Selection of a parolee for participation in the pilot program does not guarantee the availability of services. (c) Case management social workers shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements. Case management social workers also shall work closely with offenders to prepare, monitor, revise, and fulfill individualized offender reentry plans consistent with this section during the term of the program. (d) Individualized offender reentry plans shall focus on connecting offenders to services for which the offender is eligible under existing federal, state, and local rules. (e) Case management services shall be prioritized for offenders identified as potentially benefiting from assistance with the following: (1) Food, including the immediate need and long-term planning for obtaining food. (2) Clothing, including the immediate need to obtain appropriate clothing. (3) Shelter, including obtaining housing consistent with the goals of the most independent, least restrictive and potentially durable housing in the local community and that are feasible for the circumstances of each reentering offender. (4) Benefits, including, but not limited to, the California Work Opportunity and Responsibility to Kids program, general assistance, benefits administered by the federal Social Security Administration, Medi-Cal, and veterans benefits. (5) Health services, including assisting parolee clients with accessing community mental health, medical, and dental treatment. (6) Substance abuse services, including assisting parolee clients with obtaining community substance abuse treatment or related 12-step program information and locations. (7) Income, including developing and implementing a feasible plan to obtain an income and employment reflecting the highest level of work appropriate for a reentering offender’s abilities and experience. (8) Identification cards, including assisting reentering offenders with obtaining state identification cards. (9) Life skills, including assisting with the development of skills concerning money management, job interviewing, resume writing, and activities of daily living. (10) Activities, including working with reentering offenders in choosing and engaging in suitable and productive activities. (11) Support systems, including working with reentering offenders on developing a support system, which may consist of prosocial friends, family, and community groups and activities, such as religious activities, recovery groups, and other social events. (12) Academic and vocational programs, including assisting reentering offenders in developing and implementing a realistic plan to achieve an academic education, or vocational training, or both. (13) Discharge planning, including developing postparole plans to sustain parolees’ achievements and goals to insure long-term community success. (f) The department shall contract for an evaluation of the pilot program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community. (g) The department shall submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017. (h) Implementation of this article is contingent on the availability of funds and the pilot program may be limited in scope or duration based on the availability of funds. SEC. 2. Section 5055.5 is added to the Penal Code, to read: 5055.5. (a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports. (b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates. (c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators: (1) Staff vacancies, overtime, sick leave, and number of authorized staff positions. (2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate. (3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths. (4) Number of use of force incidents. (5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld. (6) Number of inmates in administrative segregation. (7) Total contraband seized, specifying the number of cellular telephones and drugs. (d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT: (1) Total budget, including actual expenditures. (2) Number of days in lockdown.

Existing law provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the Secretary to establish the Case Management Reentry Pilot Program for specified offenders who are likely to benefit from a case management reentry strategy. Existing law requires the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor by a specified date. This bill would require the Department of Corrections and Rehabilitation to submit a final report of the findings from its evaluation of the Case Management Reentry Pilot Program to the Legislature and the Governor by no later than July 31, 2017. The bill would also require the Secretary of the Department of Corrections and Rehabilitation to develop a Data Dashboard on a quarterly basis containing specified information regarding each institution, including, among other information, the total budget, including actual expenditures, staff vacancies and the number of authorized staff positions, overtime, sick leave, and the number of use of force incidents, and to post those reports on the department’s Internet Web site, as provided.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3016 of the Penal Code is amended to read: 3016. (a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. The purpose of the pilot program is to implement promising and evidence-based practices and strategies that promote improved public safety outcomes for offenders reentering society after serving a term in state prison and while released to parole. (b) The program shall be initiated in at least three counties over three years, supported by department employees focusing primarily on case management services for eligible parolees selected for the pilot program. Department employees shall be experienced or trained to work as social workers with a parole population. Selection of a parolee for participation in the pilot program does not guarantee the availability of services. (c) Case management social workers shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements. Case management social workers also shall work closely with offenders to prepare, monitor, revise, and fulfill individualized offender reentry plans consistent with this section during the term of the program. (d) Individualized offender reentry plans shall focus on connecting offenders to services for which the offender is eligible under existing federal, state, and local rules. (e) Case management services shall be prioritized for offenders identified as potentially benefiting from assistance with the following: (1) Food, including the immediate need and long-term planning for obtaining food. (2) Clothing, including the immediate need to obtain appropriate clothing. (3) Shelter, including obtaining housing consistent with the goals of the most independent, least restrictive and potentially durable housing in the local community and that are feasible for the circumstances of each reentering offender. (4) Benefits, including, but not limited to, the California Work Opportunity and Responsibility to Kids program, general assistance, benefits administered by the federal Social Security Administration, Medi-Cal, and veterans benefits. (5) Health services, including assisting parolee clients with accessing community mental health, medical, and dental treatment. (6) Substance abuse services, including assisting parolee clients with obtaining community substance abuse treatment or related 12-step program information and locations. (7) Income, including developing and implementing a feasible plan to obtain an income and employment reflecting the highest level of work appropriate for a reentering offender’s abilities and experience. (8) Identification cards, including assisting reentering offenders with obtaining state identification cards. (9) Life skills, including assisting with the development of skills concerning money management, job interviewing, resume writing, and activities of daily living. (10) Activities, including working with reentering offenders in choosing and engaging in suitable and productive activities. (11) Support systems, including working with reentering offenders on developing a support system, which may consist of prosocial friends, family, and community groups and activities, such as religious activities, recovery groups, and other social events. (12) Academic and vocational programs, including assisting reentering offenders in developing and implementing a realistic plan to achieve an academic education, or vocational training, or both. (13) Discharge planning, including developing postparole plans to sustain parolees’ achievements and goals to insure long-term community success. (f) The department shall contract for an evaluation of the pilot program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community. (g) The department shall submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017. (h) Implementation of this article is contingent on the availability of funds and the pilot program may be limited in scope or duration based on the availability of funds. SEC. 2. Section 5055.5 is added to the Penal Code, to read: 5055.5. (a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports. (b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates. (c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators: (1) Staff vacancies, overtime, sick leave, and number of authorized staff positions. (2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate. (3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths. (4) Number of use of force incidents. (5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld. (6) Number of inmates in administrative segregation. (7) Total contraband seized, specifying the number of cellular telephones and drugs. (d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT: (1) Total budget, including actual expenditures. (2) Number of days in lockdown. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3016

The people of the State of California do enact as follows: SECTION 1. Section 1063.1 of the Insurance Code is amended to read: 1063.1. As used in this article: (a) “Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government. (b) “Insolvent insurer” means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure. (c) (1) “Covered claims” means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements: (A) Imposed by law and within the coverage of an insurance policy of the insolvent insurer. (B) Which were unpaid by the insolvent insurer. (C) Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings. (D) Which were incurred prior to the date coverage under the policy terminated and prior to, on, or within 30 days after the date the liquidator was appointed. (E) For which the assets of the insolvent insurer are insufficient to discharge in full. (F) In the case of a policy of workers’ compensation insurance, to provide workers’ compensation benefits under the workers’ compensation law of this state. (G) In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state. (2) “Covered claims” also includes the obligations assumed by an assuming insurer from a ceding insurer where the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. “Covered claims” under this paragraph shall be required to satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association shall have a right to recover any deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer. (3) “Covered claims” does not include obligations arising from the following: (A) Life, annuity, health, or disability insurance. (B) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks. (C) Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations. (D) Credit insurance. (E) Title insurance. (F) Ocean marine insurance or ocean marine coverage under an insurance policy including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement or policy affording protection and indemnity coverage. (G) Any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers’ compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers’ compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code. (4) “Covered claims” does not include any obligations of the insolvent insurer arising out of any reinsurance contracts, nor any obligations incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured or canceled at the insured’s request, or after the insurance policy has been canceled by the liquidator, nor any obligations to a state or to the federal government. (5) “Covered claims” does not include any obligations to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter. An insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as, and to the extent only, that the claim exceeds the policy limits of the insolvent insurer’s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer’s policy, or in the amount of the limits remaining, where those limits have been diminished by the payment of other claims. (6) “Covered claims,” except in cases involving a claim for workers’ compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less, nor that portion of a claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer. (7) “Covered claims” does not include that portion of a claim, other than a claim for workers’ compensation benefits, that is in excess of five hundred thousand dollars ($500,000). (8) “Covered claims” does not include any amount awarded as punitive or exemplary damages, nor any amount awarded by the Workers’ Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer. (9) “Covered claims” does not include (A) a claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured or (B) a claim by a person other than the original claimant under the insurance policy in his or her own name, his or her assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into prior to insolvency, his or her executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter. (10) “Covered claims” does not include any obligations arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803. (11) “Covered claims” does not include any obligations of the insolvent insurer arising from a policy or contract of insurance issued or renewed prior to the insolvent insurer’s admission to transact insurance in the State of California. (12) “Covered claims” does not include surplus deposits of subscribers as defined in Section 1374.1. (13) “Covered claims” shall also include obligations arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention. However, for purposes of this article, those claims shall not be considered workers’ compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers’ compensation, homeowners, and automobile, as provided in Section 1063.5. These provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers’ Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. The provisions of this paragraph apply only to insurance policies written to indemnify a permissibly self-insured employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers’ compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3). Each permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid on a claim exceed the specific or aggregate retention, in which case: (A) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the California Insurance Guarantee Association (CIGA) shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund shall have any obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. (B) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in any proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in any proceeding where the self-insured employer, group of self-insured employers, or the Self-Insurers’ Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of the Insurance Code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. (C) In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly self-insured employer or group of employers, or the Self-Insurers’ Security Fund. These provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association. (14) “Covered claims” shall include any claims filed by an employee of a general employer that has entered into a contractual relationship with a special employer who is a self-insured governmental entity and has satisfied the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code. In no event is the self-insurance of a special employer governmental entity to be considered other insurance for purposes of this article if the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code are required by contractual agreement between the general employer and the special employer. The contractual agreement shall be conclusive proof that the special employer never had the intent to provide workers’ compensation insurance for the employees of the general employer. (d) “Admitted to transact insurance in this state” means an insurer possessing a valid certificate of authority issued by the department. (e) “Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer. (f) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist. (g) “Claimant” means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant. (h) “Ocean marine insurance” includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders’ risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person. (i) “Unearned premium” means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer’s policy and is that premium remaining for the unexpired term of the insolvent insurer’s policy. “Unearned premium” does not include any amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period.

Existing law establishes the California Insurance Guarantee Association to provide coverage against losses arising from the failure of an insolvent property, casualty, or workers’ compensation insurer to discharge its obligations under its insurance policies. Existing law requires the association to pay and discharge all “covered claims,” which includes the obligations of the insolvent insurer. This bill would additionally provide that a “covered claim” includes a claim filed by an employee of a general employer that has entered into a contractual relationship with a special employer that is a self-insured governmental entity. The bill would provide that in that case, if certain criteria are met, the contractual agreement would be conclusive proof that the special employer never intended to provide workers’ compensation insurance for the employees of the general employer.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1063.1 of the Insurance Code is amended to read: 1063.1. As used in this article: (a) “Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government. (b) “Insolvent insurer” means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure. (c) (1) “Covered claims” means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements: (A) Imposed by law and within the coverage of an insurance policy of the insolvent insurer. (B) Which were unpaid by the insolvent insurer. (C) Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings. (D) Which were incurred prior to the date coverage under the policy terminated and prior to, on, or within 30 days after the date the liquidator was appointed. (E) For which the assets of the insolvent insurer are insufficient to discharge in full. (F) In the case of a policy of workers’ compensation insurance, to provide workers’ compensation benefits under the workers’ compensation law of this state. (G) In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state. (2) “Covered claims” also includes the obligations assumed by an assuming insurer from a ceding insurer where the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. “Covered claims” under this paragraph shall be required to satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association shall have a right to recover any deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer. (3) “Covered claims” does not include obligations arising from the following: (A) Life, annuity, health, or disability insurance. (B) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks. (C) Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations. (D) Credit insurance. (E) Title insurance. (F) Ocean marine insurance or ocean marine coverage under an insurance policy including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement or policy affording protection and indemnity coverage. (G) Any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers’ compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers’ compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code. (4) “Covered claims” does not include any obligations of the insolvent insurer arising out of any reinsurance contracts, nor any obligations incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured or canceled at the insured’s request, or after the insurance policy has been canceled by the liquidator, nor any obligations to a state or to the federal government. (5) “Covered claims” does not include any obligations to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter. An insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as, and to the extent only, that the claim exceeds the policy limits of the insolvent insurer’s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer’s policy, or in the amount of the limits remaining, where those limits have been diminished by the payment of other claims. (6) “Covered claims,” except in cases involving a claim for workers’ compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less, nor that portion of a claim that is in excess of any applicable limits provided in the insurance policy issued by the insolvent insurer. (7) “Covered claims” does not include that portion of a claim, other than a claim for workers’ compensation benefits, that is in excess of five hundred thousand dollars ($500,000). (8) “Covered claims” does not include any amount awarded as punitive or exemplary damages, nor any amount awarded by the Workers’ Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer. (9) “Covered claims” does not include (A) a claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured or (B) a claim by a person other than the original claimant under the insurance policy in his or her own name, his or her assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into prior to insolvency, his or her executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter. (10) “Covered claims” does not include any obligations arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803. (11) “Covered claims” does not include any obligations of the insolvent insurer arising from a policy or contract of insurance issued or renewed prior to the insolvent insurer’s admission to transact insurance in the State of California. (12) “Covered claims” does not include surplus deposits of subscribers as defined in Section 1374.1. (13) “Covered claims” shall also include obligations arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention. However, for purposes of this article, those claims shall not be considered workers’ compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers’ compensation, homeowners, and automobile, as provided in Section 1063.5. These provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers’ Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. The provisions of this paragraph apply only to insurance policies written to indemnify a permissibly self-insured employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers’ compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to any claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3). Each permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid on a claim exceed the specific or aggregate retention, in which case: (A) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the California Insurance Guarantee Association (CIGA) shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund shall have any obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. (B) If the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in any proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in any proceeding where the self-insured employer, group of self-insured employers, or the Self-Insurers’ Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of the Insurance Code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision. (C) In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly self-insured employer or group of employers, or the Self-Insurers’ Security Fund. These provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association. (14) “Covered claims” shall include any claims filed by an employee of a general employer that has entered into a contractual relationship with a special employer who is a self-insured governmental entity and has satisfied the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code. In no event is the self-insurance of a special employer governmental entity to be considered other insurance for purposes of this article if the provisions of paragraph (1) of subdivision (d) of Section 3602 of the Labor Code are required by contractual agreement between the general employer and the special employer. The contractual agreement shall be conclusive proof that the special employer never had the intent to provide workers’ compensation insurance for the employees of the general employer. (d) “Admitted to transact insurance in this state” means an insurer possessing a valid certificate of authority issued by the department. (e) “Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer. (f) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist. (g) “Claimant” means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant. (h) “Ocean marine insurance” includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders’ risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person. (i) “Unearned premium” means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer’s policy and is that premium remaining for the unexpired term of the insolvent insurer’s policy. “Unearned premium” does not include any amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 987.8 of the Penal Code is amended to read: 987.8. (a) Upon a finding by the court that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in any real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendant’s principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien. (b) In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. (c) In any case in which the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendant’s ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision. This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect. (d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance shall be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following: (1) A statement of the cost of the legal assistance provided to the defendant as determined by the court. (2) The defendant’s procedural rights under this section. (3) The time limit within which the defendant’s response is required. (4) A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her. (e) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights: (1) The right to be heard in person. (2) The right to present witnesses and other documentary evidence. (3) The right to confront and cross-examine adverse witnesses. (4) The right to have the evidence against him or her disclosed to him or her. (5) The right to a written statement of the findings of the court. If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt. Any order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure. (f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment. (g) As used in this section: (1) “Legal assistance” means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of the defendant’s case. (2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. (C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. (D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant. (h) At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment. (i) This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel.

Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 987.8 of the Penal Code is amended to read: 987.8. (a) Upon a finding by the court that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in any real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendant’s principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien. (b) In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. (c) In any case in which the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendant’s ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision. This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect. (d) If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance shall be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following: (1) A statement of the cost of the legal assistance provided to the defendant as determined by the court. (2) The defendant’s procedural rights under this section. (3) The time limit within which the defendant’s response is required. (4) A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her. (e) At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights: (1) The right to be heard in person. (2) The right to present witnesses and other documentary evidence. (3) The right to confront and cross-examine adverse witnesses. (4) The right to have the evidence against him or her disclosed to him or her. (5) The right to a written statement of the findings of the court. If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt. Any order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure. (f) Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment. (g) As used in this section: (1) “Legal assistance” means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of the defendant’s case. (2) “Ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: (A) The defendant’s present financial position. (B) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendant’s reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense. (C) The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing. (D) Any other factor or factors that may bear upon the defendant’s financial capability to reimburse the county for the costs of the legal assistance provided to the defendant. (h) At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment. (i) This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel. ### Summary: This text is a summary of the Penal Code Section 987.8. ### Text: The Penal Code Section 987.8

The people of the State of California do enact as follows: SECTION 1. Section 11546.1 of the Government Code is amended to read: 11546.1. The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. (a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology. (2) A chief information officer appointed under this subdivision shall do all of the following: (A) Oversee the information technology portfolio and information technology services within his or her state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency. (B) Develop the enterprise architecture for his or her state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency. (C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology policy. policy, and statutes, including, but not limited to, subdivision (d) of Section 11135. (b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity. (2) A chief information officer appointed under this subdivision shall do all of the following: (A) Supervise all information technology and telecommunications activities within his or her state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts. (B) Ensure the entity conforms with state information technology and telecommunications policy and , enterprise architecture architecture, and statutes, including, but not limited to, subdivision (d) of Section 11135 . (c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer. (d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support. (e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. (2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1). (f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so. SEC. 2. Chapter 5.8 (commencing with Section 11549.20) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 5.8. Office of Accessible Technology 11549.20. (a) There is in the Government Operations Agency, within the Department of Technology, the Office of Accessible Technology. The purpose of the Office of Accessible Technology is to monitor and facilitate compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135. (b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology and shall lead the office in carrying out its mission. The chief shall possess knowledge and expertise in evaluating compliance with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations. (c) For purposes of this chapter, the following terms shall have the following meanings: (1) “Chief” means the Chief of the Office of Accessible Technology. (2) “Office” means the Office of Accessible Technology. 11549.22. The chief shall do all of the following: (a) Develop and update statewide policies, standards, and procedures for ensuring compliance with the requirements of subdivision (d) of Section 11135. (b) Provide training to chief information officers appointed pursuant to Section 11546.1. (c) Audit compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135 and cooperate with chief information officers, as necessary, to develop corrective action plans for achieving compliance. (d) Manage complaints from state employees and members of the public related to the requirements of subdivision (d) of Section 11135. 11549.24. The chief shall post the results of all audits conducted pursuant to this chapter on the office’s Internet Web site. 11549.26. The office shall consult with the Director of Technology, the Director of Rehabilitation, the Director of General Services, the Chancellor of the California State University, and any other relevant agencies concerning policies, standards, and procedures related to accessible technology. 11549.28. This chapter shall become operative only upon the Legislature making an appropriation to implement the provisions of this chapter, and thereafter shall remain operative.

(1) Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. This bill would establish, in the Government Operations Agency within the Department of Technology, the Office of Accessible Technology to monitor and facilitate compliance of state electronic and information technology with the requirements of certain state and federal laws relating to the accessibility of technology. This bill would require the office to be headed by a Chief of the Office of Accessible Technology who is required to, among other things, audit compliance of state electronic and information technology with the requirements of state and federal laws relating to the accessibility of technology, train chief information officers in other state agencies and entities, and manage complaints from state employees and members of the public relating to the accessibility of technology. This bill would also require the chief to post the results of all audits on the office’s Internet Web site. This bill would make these provisions operative only upon the Legislature making an appropriation to implement them. (2) Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology. This bill would specifically include ensuring compliance with state and federal laws relating to the accessibility of technology among the duties of those chief information officers.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11546.1 of the Government Code is amended to read: 11546.1. The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. (a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology. (2) A chief information officer appointed under this subdivision shall do all of the following: (A) Oversee the information technology portfolio and information technology services within his or her state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency. (B) Develop the enterprise architecture for his or her state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency. (C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology policy. policy, and statutes, including, but not limited to, subdivision (d) of Section 11135. (b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity. (2) A chief information officer appointed under this subdivision shall do all of the following: (A) Supervise all information technology and telecommunications activities within his or her state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts. (B) Ensure the entity conforms with state information technology and telecommunications policy and , enterprise architecture architecture, and statutes, including, but not limited to, subdivision (d) of Section 11135 . (c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer. (d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support. (e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture. (2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1). (f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so. SEC. 2. Chapter 5.8 (commencing with Section 11549.20) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 5.8. Office of Accessible Technology 11549.20. (a) There is in the Government Operations Agency, within the Department of Technology, the Office of Accessible Technology. The purpose of the Office of Accessible Technology is to monitor and facilitate compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135. (b) The office shall be under the direction of a chief, who shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. The chief shall report to the Director of Technology and shall lead the office in carrying out its mission. The chief shall possess knowledge and expertise in evaluating compliance with the accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of Regulations. (c) For purposes of this chapter, the following terms shall have the following meanings: (1) “Chief” means the Chief of the Office of Accessible Technology. (2) “Office” means the Office of Accessible Technology. 11549.22. The chief shall do all of the following: (a) Develop and update statewide policies, standards, and procedures for ensuring compliance with the requirements of subdivision (d) of Section 11135. (b) Provide training to chief information officers appointed pursuant to Section 11546.1. (c) Audit compliance of state electronic and information technology with the requirements of subdivision (d) of Section 11135 and cooperate with chief information officers, as necessary, to develop corrective action plans for achieving compliance. (d) Manage complaints from state employees and members of the public related to the requirements of subdivision (d) of Section 11135. 11549.24. The chief shall post the results of all audits conducted pursuant to this chapter on the office’s Internet Web site. 11549.26. The office shall consult with the Director of Technology, the Director of Rehabilitation, the Director of General Services, the Chancellor of the California State University, and any other relevant agencies concerning policies, standards, and procedures related to accessible technology. 11549.28. This chapter shall become operative only upon the Legislature making an appropriation to implement the provisions of this chapter, and thereafter shall remain operative. ### Summary: This bill would amend Section 11546.1 of the Government Code to require each state agency to appoint a chief information officer, and each state

The people of the State of California do enact as follows: SECTION 1. Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law 42360. The Legislature finds and declares all of the following: (a) Conventional plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. (b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. (c) Plastic pollution is an environmental and human health hazard and a public nuisance. (d) Personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of synthetic plastic microbeads, ranging from 50 - 500 microns, that are flushed down drains or make their way into the environment by other means as part of their intended use. (e) Some synthetic plastic microbeads are not recoverable through wastewater treatment facilities in the state and may be released into the environment. (f) Synthetic plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, and reptiles, and in the digestive and circulatory systems of mussels and worms. (g) There are economically feasible alternatives to synthetic plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, and seeds. 42361. As used in this chapter, the following terms have the following meanings: (a) “Person” means an individual, business, or other entity. (b) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. (c) “Synthetic plastic microbead” means an intentionally added non-biodegradable solid plastic particle measuring five millimeters in size or less in every dimension, that retains its shape during use and after disposal, and that is used to exfoliate or cleanse in a rinse-off personal care product. 42362. On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care product containing synthetic plastic microbeads. 42363. Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing synthetic plastic microbeads in less than 1 part per million (ppm) by weight. 42364. (a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. (b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: (A) The nature and extent of the violation. (B) The number of, and severity of, the violations. (C) The economic effect of the penalty on the violator. (D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. (E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (F) Any other factor that justice may require. (c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state. (d) Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General and are available to that office, upon appropriation by the Legislature, for the purpose of enforcing this chapter. 42365. This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law. 42366. Commencing January 1, 2016, a city, county, or other local public agency shall not adopt, amend, enforce, or otherwise implement, a local ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. SECTION 1. It is the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification. This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing synthetic plastic microbeads, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of synthetic plastic microbeads, as provided. The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General, to be retained by that office. The bill would make these moneys available to the office of the Attorney General, upon appropriation, for the purpose of enforcing these provisions. The bill would prohibit a city, county, or other local public agency from adopting, amending enforcing, or otherwise implementing an ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. This bill would declare the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 5.9. Plastic Microbeads Nuisance Prevention Law 42360. The Legislature finds and declares all of the following: (a) Conventional plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate. (b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment. (c) Plastic pollution is an environmental and human health hazard and a public nuisance. (d) Personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of synthetic plastic microbeads, ranging from 50 - 500 microns, that are flushed down drains or make their way into the environment by other means as part of their intended use. (e) Some synthetic plastic microbeads are not recoverable through wastewater treatment facilities in the state and may be released into the environment. (f) Synthetic plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, and reptiles, and in the digestive and circulatory systems of mussels and worms. (g) There are economically feasible alternatives to synthetic plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, and seeds. 42361. As used in this chapter, the following terms have the following meanings: (a) “Person” means an individual, business, or other entity. (b) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article. (c) “Synthetic plastic microbead” means an intentionally added non-biodegradable solid plastic particle measuring five millimeters in size or less in every dimension, that retains its shape during use and after disposal, and that is used to exfoliate or cleanse in a rinse-off personal care product. 42362. On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care product containing synthetic plastic microbeads. 42363. Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing synthetic plastic microbeads in less than 1 part per million (ppm) by weight. 42364. (a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction. (b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: (A) The nature and extent of the violation. (B) The number of, and severity of, the violations. (C) The economic effect of the penalty on the violator. (D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken. (E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole. (F) Any other factor that justice may require. (c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state. (d) Civil penalties collected pursuant to this section shall be paid to the office of the Attorney General and are available to that office, upon appropriation by the Legislature, for the purpose of enforcing this chapter. 42365. This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law. 42366. Commencing January 1, 2016, a city, county, or other local public agency shall not adopt, amend, enforce, or otherwise implement, a local ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads. SECTION 1. It is the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 22358.4 of the Vehicle Code is amended to read: 22358.4. (a) (1) Whenever If a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. (2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 1,320 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. hour. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 1,320 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. hour. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 1,320 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: (A) A maximum of two traffic lanes. (B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. (3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. (4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. (5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 1,320 feet away from school grounds. (C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 1,320 feet away from the school grounds. (D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. (E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

(1) Existing law establishes a 25 miles per hour prima facie limit when approaching or passing a school building or the grounds thereof, contiguous to a highway and posted up to 500 feet away from the school grounds, with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit also applies when approaching or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. A violation of that prima facie limit is an infraction. Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie limit when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. Existing law additionally allows a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 25 miles per hour prima facie speed limit when approaching at a distance of 500 to 1,000 feet from a school building or grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit would also apply when approaching, at that same distance, or passing school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with one of those signs. This bill would allow a city or county to establish in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, a 15 miles per hour prima facie speed limit when approaching, at a distance of less than 1,320 feet from, or passing, a school building or grounds thereof, contiguous of to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour 24 hours a day. This bill would provide that a 25 miles per hour prima facie limit in a residence district, on a highway, with a posted speed limit of 30 miles per hour or slower, applies, as to those local authorities, when approaching, at a distance of 500 to 1,320 feet from a school building or grounds thereof. This bill would also authorize a local authority, on the basis of an engineering and traffic survey, to extend the maximum distance to establish a prima facie speed limit and school warning signs, as specified. This bill would also allow the 15 miles per hour or 25 miles per hour prima facie speed limit to apply 24 hours a day. By authorizing a change in the prima facie limits, the bill would expand the scope of an existing crime, thereby imposing a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 22358.4 of the Vehicle Code is amended to read: 22358.4. (a) (1) Whenever If a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. (2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 1,320 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. hour. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 1,320 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. hour. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 1,320 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: (A) A maximum of two traffic lanes. (B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. (3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. (4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. (5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 1,320 feet away from school grounds. (C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 1,320 feet away from the school grounds. (D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. (E) Notwithstanding the maximum distance established in this section, a local authority may, upon the basis of an engineering and travel survey documenting school attendance boundaries or travel patterns to and from a school, or both, extend the maximum distance to establish a prima facie speed limit and school warnings signs, as defined in this section, to a distance or specific locations, or both, consistent with the findings of the travel survey. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 94858 of the Education Code is amended to read: 94858. “Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional charge. charge, or, to the extent authorized by federal law, an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if it does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to Chapter 1.2 (commencing with Section 99010) of Part 65 of Division 14. SEC. 2. Chapter 1.2 (commencing with Section 99010) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read: CHAPTER 1.2. State Authorization Reciprocity Agreement 99010. (a) The purpose of this chapter is to provide protection for California students enrolled in distance education programs across state boundaries and to encourage the growth and utilization by in-state students of quality online distance education offerings by accredited degree-granting colleges and universities. (b) This chapter provides the mechanism for California colleges and universities to participate in limited interstate reciprocity among states, including through the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement. (c) Reciprocity agreements authorized by this chapter are needed to allow institutions to be authorized to offer distance education to students in all states and United States territories because postsecondary education is controlled by the states and each state charters or licenses colleges and universities separately. 99011. The following terms, for purposes of this chapter, shall have the following meanings: (a) “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education. (b) “Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. (c) “Participating postsecondary institution” means an institution with a physical presence in this state that has been approved to operate under a regional state authorization reciprocity agreement. (d) “Postsecondary institution” means any accredited, degree-granting public or private university or college with a physical presence in this state and any accredited community college with a physical presence in this state. (e) “State authorization reciprocity agreement” means a compact between this state and one or more other states to permit distance education in a state in which a provider does not have a regulated physical presence if the provider has a physical presence and is authorized to operate in another state subject to the agreement. 99012. (a) The Department of Consumer Affairs may enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. (b) Before entering into a compact authorized by subdivision (a), the Bureau shall establish a process to ensure that educational institutions exempt from the California Private Postsecondary Act of 2009 pursuant to Section 94874, may participate in the state authorization reciprocity agreement without impacting their exempt status. (c) For the purposes of establishing and implementing the state authorization reciprocity agreement, the Bureau shall enter into a memorandum of understanding with the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, and the presidents of the independent California colleges and universities as represented by the state association representing the largest number of those members. This memorandum of understanding shall not weaken existing student privacy and confidentiality protections. (d) The Bureau may establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution pursuant to this section. The amount of the fee shall be established to recover designated expenses incurred by the Department of Consumer Affairs in administering the provisions of this section. SECTION 1. Section 66027.6 is added to the Education Code , to read: 66027.6. The Governor is authorized to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, provided that the agreement ensures that students enrolled in private postsecondary educational institutions without a physical presence in this state that are not independent institutions, as defined in subdivision (b) of Section 66010, are provided at least with a similar level of consumer protection as would be provided if the institutions were regulated by the Bureau for Private Postsecondary Education.

Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions. Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions from its provisions, does not apply to private postsecondary educational institutions that do not maintain a physical presence in the state, and is repealed on January 1, 2017. The act defines “private postsecondary educational institution” for these purposes. This bill would authorize the Governor to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, as specified. This bill would, to the extent authorized by federal law, apply the act to an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if the entity does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to specified law. The bill would authorize the Department of Consumer Affairs to enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. The compact would provide that an entity regulated in one member state would be able to provide distance education in other member states. The bill would require the bureau, before entering into a compact, to establish a process to ensure that certain educational institutions that are exempt from the act may participate in the state authorization reciprocity agreement without impacting their exempt status. The bill would require the bureau to enter into a memorandum of understanding with certain educational officials for the purpose of establishing and implementing the state authorization reciprocity agreement, as specified. The bill would authorize the bureau to establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 94858 of the Education Code is amended to read: 94858. “Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional charge. charge, or, to the extent authorized by federal law, an accredited private entity with no physical presence in this state that offers and awards degrees to the public in this state by means of distance education for an institutional charge if it does not participate in a regional state authorization reciprocity agreement entered into or recognized by the state pursuant to Chapter 1.2 (commencing with Section 99010) of Part 65 of Division 14. SEC. 2. Chapter 1.2 (commencing with Section 99010) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read: CHAPTER 1.2. State Authorization Reciprocity Agreement 99010. (a) The purpose of this chapter is to provide protection for California students enrolled in distance education programs across state boundaries and to encourage the growth and utilization by in-state students of quality online distance education offerings by accredited degree-granting colleges and universities. (b) This chapter provides the mechanism for California colleges and universities to participate in limited interstate reciprocity among states, including through the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement. (c) Reciprocity agreements authorized by this chapter are needed to allow institutions to be authorized to offer distance education to students in all states and United States territories because postsecondary education is controlled by the states and each state charters or licenses colleges and universities separately. 99011. The following terms, for purposes of this chapter, shall have the following meanings: (a) “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education. (b) “Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. (c) “Participating postsecondary institution” means an institution with a physical presence in this state that has been approved to operate under a regional state authorization reciprocity agreement. (d) “Postsecondary institution” means any accredited, degree-granting public or private university or college with a physical presence in this state and any accredited community college with a physical presence in this state. (e) “State authorization reciprocity agreement” means a compact between this state and one or more other states to permit distance education in a state in which a provider does not have a regulated physical presence if the provider has a physical presence and is authorized to operate in another state subject to the agreement. 99012. (a) The Department of Consumer Affairs may enter into a regional state authorization reciprocity agreement with other states through a compact on behalf of this state. (b) Before entering into a compact authorized by subdivision (a), the Bureau shall establish a process to ensure that educational institutions exempt from the California Private Postsecondary Act of 2009 pursuant to Section 94874, may participate in the state authorization reciprocity agreement without impacting their exempt status. (c) For the purposes of establishing and implementing the state authorization reciprocity agreement, the Bureau shall enter into a memorandum of understanding with the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, and the presidents of the independent California colleges and universities as represented by the state association representing the largest number of those members. This memorandum of understanding shall not weaken existing student privacy and confidentiality protections. (d) The Bureau may establish a reasonable fee to be paid to the Department of Consumer Affairs by a participating postsecondary institution pursuant to this section. The amount of the fee shall be established to recover designated expenses incurred by the Department of Consumer Affairs in administering the provisions of this section. SECTION 1. Section 66027.6 is added to the Education Code , to read: 66027.6. The Governor is authorized to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain no physical presence, provided that the agreement ensures that students enrolled in private postsecondary educational institutions without a physical presence in this state that are not independent institutions, as defined in subdivision (b) of Section 66010, are provided at least with a similar level of consumer protection as would be provided if the institutions were regulated by the Bureau for Private Postsecondary Education. ### Summary: This bill would authorize the Governor to enter into an interstate reciprocity agreement for purposes of oversight of postsecondary educational institutions offering postsecondary education in states in which they maintain

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In August 2009, Governor Arnold Schwarzenegger signed Senate Bill 670 (Chapter 62 of the Statutes of 2009) which established a temporary ban on the use of vacuum or suction dredge equipment until after the Department of Fish and Wildlife completed a court-ordered environmental review of its related permitting program and existing regulations. (b) In July 2011, Governor Schwarzenegger signed Assembly Bill 120 (Chapter 133 of the Statutes of 2011), extending the prohibition on the use of vacuum or suction dredge equipment to June 2016 or, if earlier, until the Director of Fish and Wildlife certified five conditions to the Secretary of State, including completion of the court-ordered environmental review, the adoption of and operation of any updated regulations implementing Section 5653 of the Fish and Game Code, full mitigation of all identified significant environmental effects, and the existence of a permit fee structure that would fully cover all costs incurred by the department to administer its permitting program. (c) In March 2012, the Department of Fish and Wildlife completed the court-ordered environmental review and rulemaking effort, certifying the environmental impact report and adopting updated regulations to implement and administer its related permitting program pursuant to Section 5653 of the Fish and Game Code. In certifying the environmental impact report and adopting the regulations, the department found, for purposes of the California Environmental Quality Act (CEQA), that, among other things, significant effects on the environment had to be mitigated to the extent feasible consistent with enabling statutory authority directing the department to promulgate the updated regulations, but the use of vacuum or suction dredging equipment to extract minerals would result in various significant and unavoidable environmental effects beyond the substantive reach of the department in promulgating the regulations. The department considers the environmental impact report it certified in March 2012 to be the most comprehensive, technical review of suction dredge mining ever prepared in California. (d) As to significant and unavoidable effects, in March 2012, the Department of Fish and Wildlife determined, for purposes of CEQA, that the use of vacuum or suction dredge equipment, consistent with the updated regulations implementing Section 5653 of the Fish and Game Code, could result in effects associated with the following: (1) The resuspension and discharge of mercury and trace metals. (2) Turbidity and total suspended sediment. (3) Substantial adverse changes, when considered statewide, in the significance of historical and unique archaeological resources. (4) Riparian habitat of special status passerines. (5) Effects on nonfish wildlife species and their habitat. (6) Exposure of the public to noise levels in excess of city or county standards. (e) In June 2012, Governor Brown signed Senate Bill 1018 (Chapter 39 of the Statutes of 2012), which eliminated the sunset provision from Assembly Bill 120. Senate Bill 1018 also directed the department to consult with various agencies and to provide recommendations to the Legislature by April 1, 2013, regarding statutory changes or authorizations necessary for the department to promulgate suction dredge regulations. Those recommendations were to include ways to fully mitigate all identified significant environmental impacts and a fee structure to cover the department’s costs of administering the program. (f) On April 1, 2013, the department submitted the required report to the Legislature. The report provides specific recommendations for statutory amendments necessary to modernize the regulation of suction dredge mining under the Fish and Game Code, and reflects the department’s efforts to consult with, and includes related additional recommendations from, various other state agencies, including the State Water Resources Control Board. The State Water Resources Control Board in its related letter appended to the department’s report emphasized that the State Water Resources Control Board and its sister agencies, the regional water quality control boards, are tasked with the protection, control, and utilization of all waters of the state and may regulate any activity or factor that may affect water quality. (g) In January 2015, the California Supreme Court granted a petition for review to consider whether the federal Mining Act of 1872 (30 U.S.C. Sec. 22 et seq.) preempts Sections 5653 and 5653.1 of the Fish and Game Code with respect to the use of vacuum and suction dredging equipment (People v. Rinehart, Case No. S222620). (h) Given the importance of protecting the water supply for all Californians from degradation, the need to protect what is left of California native cultural sites, and the value of protecting the state’s wildlife, it is urgent that the Legislature act immediately to clarify the laws regulating suction dredge mining and other related forms of small scale motorized gold mining in the state’s streams and waterways. SEC. 2. Section 5653 of the Fish and Game Code is amended to read: 5653. (a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before a person uses vacuum or suction dredge equipment in a river, stream, or lake of this state, that person shall submit an application to the department for a permit to use the vacuum or suction dredge equipment, specifying the type and size of equipment to be used and other information as the department may require pursuant to regulations adopted by the department to implement this section. (b) (1) The department shall not issue a permit for the use of vacuum or suction dredge equipment until the permit application is deemed complete. A complete permit application shall include any other permit required by the department and one of the following, as applicable: (A) A copy of waste discharge requirements or a waiver of waste discharge requirements issued by the State Water Resources Control Board or a regional water quality control board in accordance with Division 7 (commencing with Section 13000) of the Water Code. (B) A copy of a certification issued by the State Water Resources Control Board or a regional water quality control board and a permit issued by the United States Army Corps of Engineers in accordance with Sections 401 and 404 of the Federal Water Pollution Control Act (33 U.S.C. Secs. 1341 and 1344, respectively) to use vacuum or suction dredge equipment. (C) If the State Water Resources Control Board or the appropriate regional water quality control board determines that waste discharge requirements, a waiver of waste discharge requirements, or a certification in accordance with Section 1341 of Title 33 of the United States Code is not necessary for the applicant to use of vacuum or suction dredge equipment, a letter stating this determination signed by the Executive Director of the State Water Resources Control Board, the executive officer of the appropriate regional water quality control board, or their designee. (c) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredge equipment may be used pursuant to a permit, waters or areas closed to the use of that equipment, the maximum size of the vacuum or suction dredge equipment that may be used, and the time of year when the equipment may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the use of vacuum or suction dredge equipment does not cause any significant effects to fish and wildlife, it shall issue a permit to the applicant. If a person uses vacuum or suction dredge equipment other than as authorized by a permit issued by the department consistent with regulations implementing this section, that person is guilty of a misdemeanor. (d) (1) Except as provided in paragraph (2), the department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems that an onsite investigation is necessary. Except as provided in paragraph (2), in the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary. (2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. (e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. (f) A permit issued by the department under this section shall not authorize an activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, including those adopted by the State Water Resources Control Board or a regional water quality control board. The department, the State Water Resources Control Board, and the regional water quality control boards shall make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment. (g) For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. SEC. 3. Section 13172.5 is added to the Water Code, to read: 13172.5. (a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. (b) In order to protect water quality, the state board or a regional board may take one or more of the following actions: (1) Adopt waste discharge requirements or a waiver of waste discharge requirements that, at a minimum, address the water quality impacts of each of the following: (A) Mercury loading to downstream reaches of surface water bodies affected by the use of vacuum or suction dredge equipment. (B) Methylmercury formation in water bodies. (C) Bioaccumulation of mercury in aquatic organisms. (D) Resuspension of metals. (2) Specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, consistent with Section 13243. (3) Prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. (c) (1) Before determining what action to take pursuant to subdivision (b), the state board shall solicit stakeholder input by conducting public workshops in the vicinity of the cities of San Bernardino, Fresno, Sacramento, and Redding. A regional board considering independent action pursuant to subdivision (b) shall solicit stakeholder input by conducting at least one public workshop in that board’s region. To promote participation in the public workshops, the state board or regional board shall proactively reach out to mining groups, environmental organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code. (2) Before taking a proposed action pursuant to subdivision (b), the state board or regional board shall conduct at least one public hearing regarding that proposed action pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (3) To avoid duplication of efforts between the state board and a regional board of a public workshop or public hearing that covers the same regional area, the state board and a regional board may work in collaboration to share information obtained through the public workshops or public hearing. SEC. 4. The Legislature also finds and declares that, except for water quality, after complying with the Governor’s Executive Order B-10-11 regarding tribal consultation and additional consultation requirements pursuant to Chapter 532 of the Statutes of 2014, also known as Assembly Bill 52 (Gatto), the Department of Fish and Wildlife may determine, for purposes of Section 5653.1 of the Fish and Game Code, that significant environmental impacts to resources other than fish and wildlife resources caused by the use of vacuum or suction dredge equipment for the extraction of minerals are fully mitigated if a regulation adopted by the department to implement and interpret Section 5653 of the Fish and Game Code requires compliance with other laws and provides, in part, that nothing in a permit or amended permit issued by the department relieves the permittee of responsibility to comply with all applicable federal, state, or local laws or ordinances.

Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires, before any person uses any vacuum or suction dredge equipment in any river, stream, or lake of this state, that person to submit an application for a permit for a vacuum or suction dredge to the department specifying certain information. Existing law requires the department to issue a permit, if the department determines that the use of a vacuum or suction dredge will not be deleterious to fish, upon the payment of a specified fee. Existing law designates the issuance of permits to operate vacuum or suction dredge equipment to be a project under the California Environmental Quality Act and suspends the issuance of permits and mining pursuant to a permit until the department has completed an environmental impact report for the project as ordered by the court in a specified court action. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state until the Director of Fish and Wildlife makes a prescribed certification to the Secretary of State, including certifying that new regulations fully mitigate all identified significant environmental impacts and that a fee structure is in place that will fully cover all costs to the department related to the administration of the program. This bill would require the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. This bill would prohibit the department from issuing a permit until the permit application is deemed complete, as prescribed. The bill would prohibit the permit from authorizing any activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, and would require the department, the State Water Resources Control Board, and the regional water quality control boards to make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions. Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act (state act). The state act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. The state act additionally requires a person, before discharging mining waste, to submit to the regional board a report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination and a report that evaluates the potential of the mining waste discharge to produce acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. This bill would, after prescribed public hearings and workshops, as specified, authorize the state board or a regional board to adopt waste discharge requirements or a waiver of waste discharge requirements that address water quality impacts of specified issues, specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, as specified. The bill would specify that the use of vacuum or suction dredge equipment is defined as the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In August 2009, Governor Arnold Schwarzenegger signed Senate Bill 670 (Chapter 62 of the Statutes of 2009) which established a temporary ban on the use of vacuum or suction dredge equipment until after the Department of Fish and Wildlife completed a court-ordered environmental review of its related permitting program and existing regulations. (b) In July 2011, Governor Schwarzenegger signed Assembly Bill 120 (Chapter 133 of the Statutes of 2011), extending the prohibition on the use of vacuum or suction dredge equipment to June 2016 or, if earlier, until the Director of Fish and Wildlife certified five conditions to the Secretary of State, including completion of the court-ordered environmental review, the adoption of and operation of any updated regulations implementing Section 5653 of the Fish and Game Code, full mitigation of all identified significant environmental effects, and the existence of a permit fee structure that would fully cover all costs incurred by the department to administer its permitting program. (c) In March 2012, the Department of Fish and Wildlife completed the court-ordered environmental review and rulemaking effort, certifying the environmental impact report and adopting updated regulations to implement and administer its related permitting program pursuant to Section 5653 of the Fish and Game Code. In certifying the environmental impact report and adopting the regulations, the department found, for purposes of the California Environmental Quality Act (CEQA), that, among other things, significant effects on the environment had to be mitigated to the extent feasible consistent with enabling statutory authority directing the department to promulgate the updated regulations, but the use of vacuum or suction dredging equipment to extract minerals would result in various significant and unavoidable environmental effects beyond the substantive reach of the department in promulgating the regulations. The department considers the environmental impact report it certified in March 2012 to be the most comprehensive, technical review of suction dredge mining ever prepared in California. (d) As to significant and unavoidable effects, in March 2012, the Department of Fish and Wildlife determined, for purposes of CEQA, that the use of vacuum or suction dredge equipment, consistent with the updated regulations implementing Section 5653 of the Fish and Game Code, could result in effects associated with the following: (1) The resuspension and discharge of mercury and trace metals. (2) Turbidity and total suspended sediment. (3) Substantial adverse changes, when considered statewide, in the significance of historical and unique archaeological resources. (4) Riparian habitat of special status passerines. (5) Effects on nonfish wildlife species and their habitat. (6) Exposure of the public to noise levels in excess of city or county standards. (e) In June 2012, Governor Brown signed Senate Bill 1018 (Chapter 39 of the Statutes of 2012), which eliminated the sunset provision from Assembly Bill 120. Senate Bill 1018 also directed the department to consult with various agencies and to provide recommendations to the Legislature by April 1, 2013, regarding statutory changes or authorizations necessary for the department to promulgate suction dredge regulations. Those recommendations were to include ways to fully mitigate all identified significant environmental impacts and a fee structure to cover the department’s costs of administering the program. (f) On April 1, 2013, the department submitted the required report to the Legislature. The report provides specific recommendations for statutory amendments necessary to modernize the regulation of suction dredge mining under the Fish and Game Code, and reflects the department’s efforts to consult with, and includes related additional recommendations from, various other state agencies, including the State Water Resources Control Board. The State Water Resources Control Board in its related letter appended to the department’s report emphasized that the State Water Resources Control Board and its sister agencies, the regional water quality control boards, are tasked with the protection, control, and utilization of all waters of the state and may regulate any activity or factor that may affect water quality. (g) In January 2015, the California Supreme Court granted a petition for review to consider whether the federal Mining Act of 1872 (30 U.S.C. Sec. 22 et seq.) preempts Sections 5653 and 5653.1 of the Fish and Game Code with respect to the use of vacuum and suction dredging equipment (People v. Rinehart, Case No. S222620). (h) Given the importance of protecting the water supply for all Californians from degradation, the need to protect what is left of California native cultural sites, and the value of protecting the state’s wildlife, it is urgent that the Legislature act immediately to clarify the laws regulating suction dredge mining and other related forms of small scale motorized gold mining in the state’s streams and waterways. SEC. 2. Section 5653 of the Fish and Game Code is amended to read: 5653. (a) The use of vacuum or suction dredge equipment by a person in a river, stream, or lake of this state is prohibited, except as authorized under a permit issued to that person by the department in compliance with the regulations adopted pursuant to Section 5653.9. Before a person uses vacuum or suction dredge equipment in a river, stream, or lake of this state, that person shall submit an application to the department for a permit to use the vacuum or suction dredge equipment, specifying the type and size of equipment to be used and other information as the department may require pursuant to regulations adopted by the department to implement this section. (b) (1) The department shall not issue a permit for the use of vacuum or suction dredge equipment until the permit application is deemed complete. A complete permit application shall include any other permit required by the department and one of the following, as applicable: (A) A copy of waste discharge requirements or a waiver of waste discharge requirements issued by the State Water Resources Control Board or a regional water quality control board in accordance with Division 7 (commencing with Section 13000) of the Water Code. (B) A copy of a certification issued by the State Water Resources Control Board or a regional water quality control board and a permit issued by the United States Army Corps of Engineers in accordance with Sections 401 and 404 of the Federal Water Pollution Control Act (33 U.S.C. Secs. 1341 and 1344, respectively) to use vacuum or suction dredge equipment. (C) If the State Water Resources Control Board or the appropriate regional water quality control board determines that waste discharge requirements, a waiver of waste discharge requirements, or a certification in accordance with Section 1341 of Title 33 of the United States Code is not necessary for the applicant to use of vacuum or suction dredge equipment, a letter stating this determination signed by the Executive Director of the State Water Resources Control Board, the executive officer of the appropriate regional water quality control board, or their designee. (c) Under the regulations adopted pursuant to Section 5653.9, the department shall designate waters or areas wherein vacuum or suction dredge equipment may be used pursuant to a permit, waters or areas closed to the use of that equipment, the maximum size of the vacuum or suction dredge equipment that may be used, and the time of year when the equipment may be used. If the department determines, pursuant to the regulations adopted pursuant to Section 5653.9, that the use of vacuum or suction dredge equipment does not cause any significant effects to fish and wildlife, it shall issue a permit to the applicant. If a person uses vacuum or suction dredge equipment other than as authorized by a permit issued by the department consistent with regulations implementing this section, that person is guilty of a misdemeanor. (d) (1) Except as provided in paragraph (2), the department shall issue a permit upon the payment, in the case of a resident, of a base fee of twenty-five dollars ($25), as adjusted under Section 713, when an onsite investigation of the project size is not deemed necessary by the department, and a base fee of one hundred thirty dollars ($130), as adjusted under Section 713, when the department deems that an onsite investigation is necessary. Except as provided in paragraph (2), in the case of a nonresident, the base fee shall be one hundred dollars ($100), as adjusted under Section 713, when an onsite investigation is not deemed necessary, and a base fee of two hundred twenty dollars ($220), as adjusted under Section 713, when an onsite investigation is deemed necessary. (2) The department may adjust the base fees for a permit described in this subdivision to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. (e) It is unlawful to possess a vacuum or suction dredge in areas, or in or within 100 yards of waters, that are closed to the use of vacuum or suction dredges. (f) A permit issued by the department under this section shall not authorize an activity in violation of other applicable requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment, including those adopted by the State Water Resources Control Board or a regional water quality control board. The department, the State Water Resources Control Board, and the regional water quality control boards shall make reasonable efforts to share information among the agencies regarding potential violations of requirements, conditions, or prohibitions governing the use of vacuum or suction dredge equipment. (g) For purposes of this section and Section 5653.1, the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section and Section 5653.1 do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. SEC. 3. Section 13172.5 is added to the Water Code, to read: 13172.5. (a) For purposes of this section, the use of any vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream, or lake in order to recover minerals. This section does not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. (b) In order to protect water quality, the state board or a regional board may take one or more of the following actions: (1) Adopt waste discharge requirements or a waiver of waste discharge requirements that, at a minimum, address the water quality impacts of each of the following: (A) Mercury loading to downstream reaches of surface water bodies affected by the use of vacuum or suction dredge equipment. (B) Methylmercury formation in water bodies. (C) Bioaccumulation of mercury in aquatic organisms. (D) Resuspension of metals. (2) Specify certain conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, consistent with Section 13243. (3) Prohibit any particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. (c) (1) Before determining what action to take pursuant to subdivision (b), the state board shall solicit stakeholder input by conducting public workshops in the vicinity of the cities of San Bernardino, Fresno, Sacramento, and Redding. A regional board considering independent action pursuant to subdivision (b) shall solicit stakeholder input by conducting at least one public workshop in that board’s region. To promote participation in the public workshops, the state board or regional board shall proactively reach out to mining groups, environmental organizations, and California Native American tribes, as defined in Section 21073 of the Public Resources Code. (2) Before taking a proposed action pursuant to subdivision (b), the state board or regional board shall conduct at least one public hearing regarding that proposed action pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (3) To avoid duplication of efforts between the state board and a regional board of a public workshop or public hearing that covers the same regional area, the state board and a regional board may work in collaboration to share information obtained through the public workshops or public hearing. SEC. 4. The Legislature also finds and declares that, except for water quality, after complying with the Governor’s Executive Order B-10-11 regarding tribal consultation and additional consultation requirements pursuant to Chapter 532 of the Statutes of 2014, also known as Assembly Bill 52 (Gatto), the Department of Fish and Wildlife may determine, for purposes of Section 5653.1 of the Fish and Game Code, that significant environmental impacts to resources other than fish and wildlife resources caused by the use of vacuum or suction dredge equipment for the extraction of minerals are fully mitigated if a regulation adopted by the department to implement and interpret Section 5653 of the Fish and Game Code requires compliance with other laws and provides, in part, that nothing in a permit or amended permit issued by the department relieves the permittee of responsibility to comply with all applicable federal, state, or local laws or ordinances. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California’s vision to create fulfilling lives for individuals with developmental disabilities launched in 1969 with the passage of the Lanterman Developmental Disabilities Services Act, authored by Assembly Member Frank Lanterman and signed by Governor Ronald Reagan. However, the Lanterman Act’s vision is now threatened by neglect of the community service system and wasteful spending on outdated state institutions. (b) State-operated institutions known as developmental centers consume a disproportionate share of state spending. The developmental center budget totals over $563 million for the 2014–15 fiscal year, or $504,000 for each of the roughly 1,100 developmental center residents in those centers. Compare this to the average of $17,000 spent on each of the 280,000 individuals with developmental disabilities that reside and receive services in the community. (c) Additionally, the developmental center system is plagued with health and safety problems that threaten the well-being of residents. The Sonoma Developmental Center lost its federal certification in 2012 due to significant health and safety violations, which not only harmed residents but also resulted in the loss of millions of dollars annually in federal funds. The other developmental centers are also facing the possibility of decertification based on violations of federal health and safety standards. (d) The Legislature finds that it would not be prudent to continue spending state funds in a potentially futile effort to restore decertified residential units to good standing. Instead, residents of units that do not meet health and safety standards would be better served by receiving priority for transferring to community-based residences with appropriate services and supports. (e) The closure process for the Agnews Developmental Center, which moved out its last resident in 2009, began in 2003. The closure process for the Lanterman Developmental Center took over four years. While care and caution were essential to ensure that residents found suitable housing and services in their communities, closing these facilities took more time than necessary to achieve those goals. (f) The State Department of Developmental Services conducted an extensive stakeholder process known as the Developmental Services Task Force that produced a roadmap in January 2014 for the future of the developmental center system. It is the intent of the Legislature to carry out the principles reflected in that roadmap. (g) It is essential that California recommit itself to vibrant and sustainable community services that will maximize opportunities for disabled individuals to thrive in their own neighborhoods. The Legislature intends to close additional developmental centers and shift the funds now being spent ineffectively for developmental center operations to shore up the community services system instead. SEC. 2. Section 4474.6 is added to the Welfare and Institutions Code, to read: 4474.6. (a) The department shall submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The plan shall meet the requirements of Section 4474.1 and shall additionally include, but is not limited to, all of the following components: (1) A closure plan that will result in each of the two developmental centers closing no later than December 31, 2018. If the department concludes that it is not feasible to close the two developmental centers by that date, the plan shall provide a detailed rationale for that conclusion and a revised date for closure of each of the two centers. The revised date shall not be later than December 31, 2019. (2) A plan to reduce developmental center staff in an efficient manner that facilitates shifting funds from developmental center operations to community services as warranted by the transition of the developmental center population to the community. (3) A plan for using the properties occupied by the two developmental centers to benefit the developmentally disabled community on an ongoing basis. The department shall work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. These options shall include, but may not be limited to, the following: (A) Providing ongoing revenues to support community-based services through lease or rental agreements between the Department of Developmental Services and private entities, local governments, or other state departments. (B) Developing community-based, integrated housing resources for use by individuals with developmental disabilities in a manner similar to the Harbor Village development located adjacent to the Fairview Developmental Center. (C) Other proposals for commercial development that would provide ongoing revenues to the state for purposes of supporting community-based services for individuals with developmental disabilities. (b) The plan described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 3. Section 4474.7 is added to the Welfare and Institutions Code, to read: 4474.7. (a) It is the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet of those laws or regulations. The department shall instead give residents of any of those units priority for moving to a community-based resid

Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals referred to as developmental centers for the provision of residential care to individuals with developmental disabilities. Existing law requires the department to comply with procedural requirements when closing a developmental center, including submitting a detailed plan to the Legislature and holding at least one public hearing. Under existing law, the department allocates funds to private nonprofit entities known as regional centers, which are required to provide, or arrange for the provision of, services and supports for persons with developmental disabilities. This bill would require the department to submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The bill would require the plan to meet existing requirements for closing a developmental center and to additionally include, specified components, including a closure plan that will result in each of the 2 developmental centers closing no later than December 31, 2018, except as specified. The bill would also require the plan to include a plan for using the properties occupied by the 2 developmental centers, as specified, and would require the department to work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. The bill would state the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet those laws or regulations, and that funds previously used to operate developmental centers instead be shifted to support community-based services for individuals with developmental disabilities.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California’s vision to create fulfilling lives for individuals with developmental disabilities launched in 1969 with the passage of the Lanterman Developmental Disabilities Services Act, authored by Assembly Member Frank Lanterman and signed by Governor Ronald Reagan. However, the Lanterman Act’s vision is now threatened by neglect of the community service system and wasteful spending on outdated state institutions. (b) State-operated institutions known as developmental centers consume a disproportionate share of state spending. The developmental center budget totals over $563 million for the 2014–15 fiscal year, or $504,000 for each of the roughly 1,100 developmental center residents in those centers. Compare this to the average of $17,000 spent on each of the 280,000 individuals with developmental disabilities that reside and receive services in the community. (c) Additionally, the developmental center system is plagued with health and safety problems that threaten the well-being of residents. The Sonoma Developmental Center lost its federal certification in 2012 due to significant health and safety violations, which not only harmed residents but also resulted in the loss of millions of dollars annually in federal funds. The other developmental centers are also facing the possibility of decertification based on violations of federal health and safety standards. (d) The Legislature finds that it would not be prudent to continue spending state funds in a potentially futile effort to restore decertified residential units to good standing. Instead, residents of units that do not meet health and safety standards would be better served by receiving priority for transferring to community-based residences with appropriate services and supports. (e) The closure process for the Agnews Developmental Center, which moved out its last resident in 2009, began in 2003. The closure process for the Lanterman Developmental Center took over four years. While care and caution were essential to ensure that residents found suitable housing and services in their communities, closing these facilities took more time than necessary to achieve those goals. (f) The State Department of Developmental Services conducted an extensive stakeholder process known as the Developmental Services Task Force that produced a roadmap in January 2014 for the future of the developmental center system. It is the intent of the Legislature to carry out the principles reflected in that roadmap. (g) It is essential that California recommit itself to vibrant and sustainable community services that will maximize opportunities for disabled individuals to thrive in their own neighborhoods. The Legislature intends to close additional developmental centers and shift the funds now being spent ineffectively for developmental center operations to shore up the community services system instead. SEC. 2. Section 4474.6 is added to the Welfare and Institutions Code, to read: 4474.6. (a) The department shall submit a plan to the Legislature by April 1, 2016, to close the Sonoma Developmental Center and the Fairview Developmental Center. The plan shall meet the requirements of Section 4474.1 and shall additionally include, but is not limited to, all of the following components: (1) A closure plan that will result in each of the two developmental centers closing no later than December 31, 2018. If the department concludes that it is not feasible to close the two developmental centers by that date, the plan shall provide a detailed rationale for that conclusion and a revised date for closure of each of the two centers. The revised date shall not be later than December 31, 2019. (2) A plan to reduce developmental center staff in an efficient manner that facilitates shifting funds from developmental center operations to community services as warranted by the transition of the developmental center population to the community. (3) A plan for using the properties occupied by the two developmental centers to benefit the developmentally disabled community on an ongoing basis. The department shall work with the Department of General Services to estimate potential revenues that may be generated from different options for use of the properties. These options shall include, but may not be limited to, the following: (A) Providing ongoing revenues to support community-based services through lease or rental agreements between the Department of Developmental Services and private entities, local governments, or other state departments. (B) Developing community-based, integrated housing resources for use by individuals with developmental disabilities in a manner similar to the Harbor Village development located adjacent to the Fairview Developmental Center. (C) Other proposals for commercial development that would provide ongoing revenues to the state for purposes of supporting community-based services for individuals with developmental disabilities. (b) The plan described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 3. Section 4474.7 is added to the Welfare and Institutions Code, to read: 4474.7. (a) It is the intent of the Legislature that the department minimize the expenditure of state funds related to any developmental center residential units that are decertified for failure to meet federal or state health and safety laws or regulations or that receive notification from a state or federal regulator that they are at risk of decertification for failure to meet of those laws or regulations. The department shall instead give residents of any of those units priority for moving to a community-based resid ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Persons with developmental disabilities have to struggle to find gainful employment. Statewide unemployment among people with developmental disabilities of working age is approximately 90 percent. (b) According to the Employment Development Department, the average annual earnings of employed persons with developmental disabilities is approximately five thousand five hundred dollars ($5,500). (c) Within the community of people with developmental disabilities, people diagnosed with autism are the fastest growing population, making up approximately 50 percent of the annual new caseload of regional centers in some areas of the state. (d) Seven years after exiting the K-12 school system, one in three adults with autism still does not have paid work experience or a college or technical education. (e) Nationally recognized employment internship training models like Project SEARCH have demonstrated that many people with developmental disabilities can be successfully employed in jobs that earn a living wage. (f) The key elements of successful programs like Project SEARCH are: (1) The opportunity for people with developmental disabilities to be exposed to real work through internships. (2) The opportunity for people with developmental disabilities to receive on-the-job customized training and support during internships. (3) The opportunity for employers, in an internship setting, to experience firsthand the quality of work of a person with a developmental disability. (g) The existing state hiring process for people with disabilities, known as the Limited Examination and Appointment Program, or LEAP, is not well suited to correctly assess the qualifications and abilities of many people with developmental disabilities because it relies on written testing as an assessment tool and is not performance based. As a result, very few people with developmental disabilities are represented in the state workforce. (h) The Governor and the Legislature must address the lack of access people with developmental disabilities have to employment opportunities with the State of California and take steps to become a “model employer” to demonstrate the potential of this untapped workforce. (i) In enacting this measure, the Legislature intends to create more access to state employment for people with developmental disabilities by allowing successful internship performance in a state agency, in lieu of a written test, to serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. The Legislature further intends to grant flexibility to state agencies to hire persons with developmental disabilities who meet specific needs of those agencies into entry-level positions without requiring those persons to be able to perform the full range of tasks typically required by the entry-level job classification. (j) The Legislature intends that these model employer practices be targeted at people with developmental disabilities who are between 18 and 30 years of age and are deemed eligible by the Department of Rehabilitation to receive supported employment services. If this population is left without purposefully designed pathways to employment, these young adults will remain at a high risk of public dependency throughout the course of their lives. SEC. 2. Section 19240 of the Government Code is amended to read: 19240. (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. (b) For purposes of this article, the following terms have the following meanings: (1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code. (2) “Disability” has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. (3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter. (4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act. (c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 3. Section 19240 is added to the Government Code, to read: 19240. (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. (b) “Disability” for the purposes of this article has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. (c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). (d) This section shall become operative on January 1, 2021. SEC. 4. Section 19241 of the Government Code is amended to read: 19241. (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 5. Section 19241 is added to the Government Code, to read: 19241. (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures. (b) This section shall become operative on January 21, 2021. SEC. 6. Section 19241.5 is added to the Government Code, to read: 19241.5. (a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 7. Section 19242 of the Government Code is amended to read: 19242. (a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. (b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship as described in subparagraphs (A) and (B), in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following: (A) Successful completion of an internship with a state agency of at least 512 hours in duration. (B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position. (2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed. (c) Examination results may be ranked or unranked. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 8. Section 19242 is added to the Government Code, to read: 19242. (a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked. (b) This section shall become operative on January 1, 2021. SEC. 9. Section 19242.05 is added to the Government Code, immediately following Section 19242, to read: 19242.05. (a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which he or she seeks an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours. (b) A person with a developmental disability who successfully completes a LEAP internship upon certification by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation. (c) The LEAP internship program may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 10. Section 19242.2 of the Government Code is amended to read: 19242.2. (a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. (b) (1) The department or its designee shall refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination as set forth in subdivision (b) of Section 19242. (2) The department or its designee may refer the names of persons with developmental disabilities who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed his or her internship. (3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities. (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 11. Section 19242.2 is added to the Government Code, to read: 19242.2. (a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. (b) This section shall become operative on January 1, 2021. SEC. 12. Section 19242.3 is added to the Government Code, to read: 19242.3. (a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position. (b) (1) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program shall allow the person to receive on-the-job support, as determined by the Department of Rehabilitation or the State Department of Developmental Services pursuant to existing rules and the service authorization of those supported employment programs, as a reasonable accommodation for the person’s disability. (2) On-the-job supportive services, in addition to the services set forth in subdivision (q) of Section 4851 of the Welfare and Institutions Code, may consist of, but need not be limited to, time spent with a job coach on any of the following: (A) Conducting job analysis, specific training, and supervision of the intern while the intern is engaged in his or her internship. (B) Conducting skills-building training, including, but not limited to, adaptive functional and social skills training and support as necessary to ensure internship adjustment. (C) Working with families and other support networks to ensure internship adjustment. (D) Evaluation of performance of the intern, including, but not limited to, communication with the internship supervisor. (3) The services of the job coach are not the responsibility of the state agency providing the internship, unless the agency is otherwise the direct payor of those services. (4) In order for the internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (b) of Section 19242, in the same job classification as the position the person is applying for. (5) If a job examination period is required prior to the permanent hiring of a qualified person with a developmental disability, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement. (6) On-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

Existing law requires the Department of Human Resources to administer the Limited Examination and Appointment Program (LEAP) to provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil services. Existing law requires the department to conduct competitive examinations to determine eligibility for appointment under LEAP and to refer the names of eligible applicants who meet the minimum qualifications of a job classification to the appointing powers for examination appointments, as specified. This bill would permit a person with a developmental disability to either complete a written examination or readiness evaluation or an internship, as specified, to qualify for service under LEAP. The bill would require that the use of an internship as a competitive examination in this context consist of a successful completion of an internship with a state agency of not less than 512 hours in duration and a specified certification by the agency. The bill would require the department to refer the names of eligible applicants who successfully complete the internship to the appointing powers for examination appointments. The bill would require the department to create that internship program in coordination with the State Department of Developmental Services and the Department of Rehabilitation, as specified. The bill would require a state agency that provides the internship or appoints a person with a developmental disability to a position under LEAP to allow that person to receive on-the-job support. The bill would authorize an agency to finance the internship or position with personnel funds or other available funds assigned to a vacant or unfilled position, as specified, but would provide that on-the-job support services are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. The bill would specify that LEAP is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the State Personnel Board. The bill would repeal these provisions on January 1, 2021.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Persons with developmental disabilities have to struggle to find gainful employment. Statewide unemployment among people with developmental disabilities of working age is approximately 90 percent. (b) According to the Employment Development Department, the average annual earnings of employed persons with developmental disabilities is approximately five thousand five hundred dollars ($5,500). (c) Within the community of people with developmental disabilities, people diagnosed with autism are the fastest growing population, making up approximately 50 percent of the annual new caseload of regional centers in some areas of the state. (d) Seven years after exiting the K-12 school system, one in three adults with autism still does not have paid work experience or a college or technical education. (e) Nationally recognized employment internship training models like Project SEARCH have demonstrated that many people with developmental disabilities can be successfully employed in jobs that earn a living wage. (f) The key elements of successful programs like Project SEARCH are: (1) The opportunity for people with developmental disabilities to be exposed to real work through internships. (2) The opportunity for people with developmental disabilities to receive on-the-job customized training and support during internships. (3) The opportunity for employers, in an internship setting, to experience firsthand the quality of work of a person with a developmental disability. (g) The existing state hiring process for people with disabilities, known as the Limited Examination and Appointment Program, or LEAP, is not well suited to correctly assess the qualifications and abilities of many people with developmental disabilities because it relies on written testing as an assessment tool and is not performance based. As a result, very few people with developmental disabilities are represented in the state workforce. (h) The Governor and the Legislature must address the lack of access people with developmental disabilities have to employment opportunities with the State of California and take steps to become a “model employer” to demonstrate the potential of this untapped workforce. (i) In enacting this measure, the Legislature intends to create more access to state employment for people with developmental disabilities by allowing successful internship performance in a state agency, in lieu of a written test, to serve as meeting the minimum qualifications for consideration for hire into an entry-level position with the State of California. The Legislature further intends to grant flexibility to state agencies to hire persons with developmental disabilities who meet specific needs of those agencies into entry-level positions without requiring those persons to be able to perform the full range of tasks typically required by the entry-level job classification. (j) The Legislature intends that these model employer practices be targeted at people with developmental disabilities who are between 18 and 30 years of age and are deemed eligible by the Department of Rehabilitation to receive supported employment services. If this population is left without purposefully designed pathways to employment, these young adults will remain at a high risk of public dependency throughout the course of their lives. SEC. 2. Section 19240 of the Government Code is amended to read: 19240. (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. (b) For purposes of this article, the following terms have the following meanings: (1) “Developmental disability” has the definition set forth in Section 4512 of the Welfare and Institutions Code. (2) “Disability” has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. (3) “LEAP” means the Limited Examination and Appointment Program implemented and administered by the department pursuant to this chapter. (4) “Person with a developmental disability” means a person who the State Department of Developmental Services deems eligible for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and who is a consumer of a regional center pursuant to Chapter 5 (commencing with Section 4620) of the act. (c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of persons with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 3. Section 19240 is added to the Government Code, to read: 19240. (a) The department, consistent with board rules, shall be responsible for the administration of the Limited Examination and Appointment Program. This program shall provide an alternative to the traditional civil service examination and appointment process to facilitate the hiring of persons with disabilities in the state civil service. (b) “Disability” for the purposes of this article has the definition set forth in Section 12926, as that section presently reads or as it subsequently may be amended. (c) Notwithstanding subdivision (b), if the definition of “disability” used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental or physical disability, as defined in subdivision (b), then that broader protection shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definition in subdivision (b). The definition of “disability” contained in subdivision (b) shall not be deemed to refer to or include conditions excluded from the federal definition of “disability” pursuant to Section 511 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211). (d) This section shall become operative on January 1, 2021. SEC. 4. Section 19241 of the Government Code is amended to read: 19241. (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, the creation of a LEAP internship program for persons with developmental disabilities in coordination with the State Department of Developmental Services and the Department of Rehabilitation, and appointment and appeals procedures. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 5. Section 19241 is added to the Government Code, to read: 19241. (a) The department, consistent with board rules, shall be responsible for the implementation of this chapter, which may provide for the establishment of eligibility criteria for participation, special job classifications, examination techniques, and appointment and appeals procedures. (b) This section shall become operative on January 21, 2021. SEC. 6. Section 19241.5 is added to the Government Code, to read: 19241.5. (a) This chapter establishes the Limited Examination and Appointment Program as a voluntary, additional method of applying for state employment and is not a mandate on any state agency employer or job applicant except to the extent specifically directed by the board. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 7. Section 19242 of the Government Code is amended to read: 19242. (a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. (b) (1) The department or its designee shall permit a person with a developmental disability to choose to complete a written examination or readiness evaluation, or to complete an internship as described in subparagraphs (A) and (B), in order to qualify for service in a position under the Limited Examination and Appointment Program. The use of an internship as a competitive examination of a person with a developmental disability shall consist of both of the following: (A) Successful completion of an internship with a state agency of at least 512 hours in duration. (B) Certification by the state agency that the employee has completed the internship and has demonstrated the skills, knowledge, and abilities necessary to successfully perform the requirements of the position. (2) A person with a developmental disability who successfully completes the examination or internship required by this subdivision is deemed to meet the minimum qualifications, as determined by the board, for the position in which the internship was performed. (c) Examination results may be ranked or unranked. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 8. Section 19242 is added to the Government Code, to read: 19242. (a) The department or its designee shall conduct competitive examinations to determine the qualifications and readiness of persons with disabilities for state employment. The examinations may include an on-the-job-performance evaluation and any other selection techniques deemed appropriate. Examination results may be ranked or unranked. (b) This section shall become operative on January 1, 2021. SEC. 9. Section 19242.05 is added to the Government Code, immediately following Section 19242, to read: 19242.05. (a) The LEAP internship program created in accordance with Section 19241 shall be designed to allow persons with developmental disabilities to meet the minimum qualifications of the LEAP classification to which he or she seeks an examination appointment. The length of a LEAP internship shall be for a minimum period of 512 working hours. (b) A person with a developmental disability who successfully completes a LEAP internship upon certification by the appointing power shall be considered as meeting the referral requirements necessary to be eligible for an examination appointment, as specified in Section 19242.2, without being required to pass a written examination or readiness evaluation. (c) The LEAP internship program may be accessed as an unpaid or paid internship if the state agency providing the internship has available funding authority within its personnel budget. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 10. Section 19242.2 of the Government Code is amended to read: 19242.2. (a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. (b) (1) The department or its designee shall refer the names of persons with developmental disabilities to appointing powers for selection for participation in an internship examination as set forth in subdivision (b) of Section 19242. (2) The department or its designee may refer the names of persons with developmental disabilities who have successfully completed an internship examination to appointing powers for consideration for appointment in the same job classification as the position in which the applicant successfully completed his or her internship. (3) The department may prescribe the method for referring names to appointing powers, including, but not limited to, working with the appointing power to identify positions that could successfully be filled by persons with developmental disabilities. (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. SEC. 11. Section 19242.2 is added to the Government Code, to read: 19242.2. (a) The department or its designee shall refer the names of persons with disabilities who meet eligibility criteria for participation and the minimum qualifications of the job classification and any other requirements deemed appropriate by the board to appointing powers for examination appointments. Notwithstanding any other provision of law, and to provide for appropriate job-person placement, all candidates meeting referral requirements shall be eligible for examination appointment. The department may prescribe the method for referring names to appointing powers. (b) This section shall become operative on January 1, 2021. SEC. 12. Section 19242.3 is added to the Government Code, to read: 19242.3. (a) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program may finance the internship or position with personnel or any other funds available for this purpose and assigned to a vacant or unfilled position. A state agency that transfers funds from a vacant or unfilled position pursuant to this section does not eliminate the vacant or unfilled position, and may return or assign funds to fill the position. (b) (1) A state agency that provides an internship to a person with a developmental disability or appoints a person with a developmental disability to a position under the Limited Examination and Appointment Program shall allow the person to receive on-the-job support, as determined by the Department of Rehabilitation or the State Department of Developmental Services pursuant to existing rules and the service authorization of those supported employment programs, as a reasonable accommodation for the person’s disability. (2) On-the-job supportive services, in addition to the services set forth in subdivision (q) of Section 4851 of the Welfare and Institutions Code, may consist of, but need not be limited to, time spent with a job coach on any of the following: (A) Conducting job analysis, specific training, and supervision of the intern while the intern is engaged in his or her internship. (B) Conducting skills-building training, including, but not limited to, adaptive functional and social skills training and support as necessary to ensure internship adjustment. (C) Working with families and other support networks to ensure internship adjustment. (D) Evaluation of performance of the intern, including, but not limited to, communication with the internship supervisor. (3) The services of the job coach are not the responsibility of the state agency providing the internship, unless the agency is otherwise the direct payor of those services. (4) In order for the internship to meet the minimum qualifications of the desired position, the internship shall be successfully completed, as set forth in subdivision (b) of Section 19242, in the same job classification as the position the person is applying for. (5) If a job examination period is required prior to the permanent hiring of a qualified person with a developmental disability, the appointing authority may apply some or all of the internship hours performed to meet some or all of the job examination period requirement. (6) On-the-job supportive services are allowable to the extent authorized by other state programs and are not the financial or programmatic responsibility of any state agency engaged in establishing the LEAP internship process. (c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 8482.3 of the Education Code is amended to read: 8482.3. (a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The specific grades to be served by a program at participating schools may be determined in accordance with local needs. (b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment. (c) (1) Each component of a program established pursuant to this article shall consist of the following two elements: (A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science. (B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities. (2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6. (d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2. (2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766). (e) Applicants for programs established pursuant to this article may include any of the following: (1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind. (2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies. (f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable: (1) The application documents the commitments of each partner to operate a program on that site or sites. (2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site. (3) Each partner in the application agrees to share responsibility for the quality of the program. (4) The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, “public agency” means only a county board of supervisors or if the city is incorporated or has a charter, a city council. (5) Applicants agree to follow all fiscal reporting and auditing standards required by the department. (6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c). (7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55. (8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4. (9) The application states the targeted number of pupils to be served by the program. (10) Applicants agree to provide the following information on participating pupils to the department: (A) Schoolday attendance rates. (B) Program attendance. (g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following: (A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process. (B) Program content, including the elements identified in subdivision (c). (C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years. (D) Any other information requested by the department. (E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department. (F) The grantee shall maintain documentation of the after school program plan for a minimum of five years. (2) The department shall monitor this review as part of its onsite monitoring process. SEC. 2. Section 8482.8 of the Education Code is amended to read: 8482.8. (a) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance for either the before school or the after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. An applicant that requests approval shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils. (b) For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either of the following: (1) Fewer than 20 pupils participating in the component of the program. (2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation. (c) In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period. (d) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period. (e) Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d). (f) (1) The Legislature finds and declares that the cost of operating a program is exceeding the grant amount provided under this article. (2) Commencing January 1, 2016, a program established pursuant to this article may suspend its operation for no more than five schooldays in a fiscal year. If the suspension results in a grant adjustment A grant shall not be adjusted pursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7, the department may approve a request from the program grantee for an exemption from the adjustment. 8483.7 as a result of a program suspending its operation pursuant to this paragraph. Cost savings that result from a suspension of a program in accordance with this subdivision shall be used solely by the entity that is providing direct services to pupils. (3) This subdivision shall remain in effect only until July 1, 2017, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. SEC. 3. Section 8483 of the Education Code is amended to read: 8483. (a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. (2) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program. (3) In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. (b) The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. SEC. 4. Section 8483.1 of the Education Code is amended to read: 8483.1. (a) (1) Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program. (2) (A) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary. (B) A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance. (3) In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. (b) The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75. (c) Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants. SEC. 5. The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.

Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act provides that each school establishing a program pursuant to the act is eligible to receive a renewable 3-year grant for before or after school programs, as provided, and a grant for operating a program beyond 180 regular schooldays or during summer, weekend, intersession, or vacation periods, as provided. The act specifies the maximum grant amount and related amounts for each of these grants, provides a formula for determining an amount to be continuously appropriated from the General Fund to the State Department of Education for purposes of the program, and authorizes the Legislature to appropriate additional funds for purposes of the program. Existing law requires applicants for grants to, among other things, state the targeted number of pupils to be served by the program, and requires the department, for any school in the program that is under its targeted attendance level by more than 15% in each of 2 consecutive years, to adjust the grant level, and, in any year after the initial grant year, if a school’s actual attendance level falls below 75% of the targeted attendance level, to review the program and adjust its grant level as appropriate. This bill would, commencing January 1, 2016, and until July 1, 2017, authorize a program to suspend its operation for up to 5 schooldays in a fiscal year and, if this results in and would prohibit an adjustment of the grant provided to the participating school, would authorize the department to approve a request from the program grantee for an exemption from this adjustment. school as a result of a suspension. The bill would require that cost savings that result from a suspension be used solely by the entity that is providing direct services to pupils. The bill would also authorize the program to determine the specific grades to serve in accordance with local needs. Existing law expresses the intent of the Legislature that, for the before and after school components of the program, participating middle school and junior high school pupils should attend a minimum number of hours, days, or both, as specified, while elementary school pupils should participate in the full day of these components of the program for each day in which they participate, except as provided. This bill would instead express the intent of the Legislature that each attending pupil participate in the full day of the before or after school components of the program for each day in which the pupil attends the program, except as provided. The After School Education and Safety Program Act of 2002 authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house. This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 8482.3 of the Education Code is amended to read: 8482.3. (a) The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The specific grades to be served by a program at participating schools may be determined in accordance with local needs. (b) A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment. (c) (1) Each component of a program established pursuant to this article shall consist of the following two elements: (A) An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science. (B) An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities. (2) Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6. (d) (1) Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2. (2) Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766). (e) Applicants for programs established pursuant to this article may include any of the following: (1) A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind. (2) A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies. (f) Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable: (1) The application documents the commitments of each partner to operate a program on that site or sites. (2) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site. (3) Each partner in the application agrees to share responsibility for the quality of the program. (4) The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, “public agency” means only a county board of supervisors or if the city is incorporated or has a charter, a city council. (5) Applicants agree to follow all fiscal reporting and auditing standards required by the department. (6) Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c). (7) Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55. (8) Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4. (9) The application states the targeted number of pupils to be served by the program. (10) Applicants agree to provide the following information on participating pupils to the department: (A) Schoolday attendance rates. (B) Program attendance. (g) (1) Grantees shall review their after school program plans every three years, including, but not limited to, all of the following: (A) Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process. (B) Program content, including the elements identified in subdivision (c). (C) Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years. (D) Any other information requested by the department. (E) If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department. (F) The grantee shall maintain documentation of the after school program plan for a minimum of five years. (2) The department shall monitor this review as part of its onsite monitoring process. SEC. 2. Section 8482.8 of the Education Code is amended to read: 8482.8. (a) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance for either the before school or the after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. An applicant that requests approval shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils. (b) For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either of the following: (1) Fewer than 20 pupils participating in the component of the program. (2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation. (c) In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period. (d) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period. (e) Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d). (f) (1) The Legislature finds and declares that the cost of operating a program is exceeding the grant amount provided under this article. (2) Commencing January 1, 2016, a program established pursuant to this article may suspend its operation for no more than five schooldays in a fiscal year. If the suspension results in a grant adjustment A grant shall not be adjusted pursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7, the department may approve a request from the program grantee for an exemption from the adjustment. 8483.7 as a result of a program suspending its operation pursuant to this paragraph. Cost savings that result from a suspension of a program in accordance with this subdivision shall be used solely by the entity that is providing direct services to pupils. (3) This subdivision shall remain in effect only until July 1, 2017, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. SEC. 3. Section 8483 of the Education Code is amended to read: 8483. (a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. (2) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program. (3) In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. (b) The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. SEC. 4. Section 8483.1 of the Education Code is amended to read: 8483.1. (a) (1) Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program. (2) (A) It is the intent of the Legislature that each attending pupil participate in the full day of the program for each day in which the pupil attends the program, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary. (B) A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance. (3) In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily. (b) The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75. (c) Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants. SEC. 5. The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 35551 of the Vehicle Code is amended to read: 35551. (a) Except as otherwise provided in this section or Section 35551.5, the total gross weight in pounds imposed on the highway by any a group of two or more consecutive axles shall not exceed that given for the respective distance in the following table: Distance in feet between the extremes of any group of 2 or more consecutive axles 2 axles 3 axles 4 axles 5 axles 6 axles 4 ........................ 34,000 34,000 34,000 34,000 34,000 5 ........................ 34,000 34,000 34,000 34,000 34,000 6 ........................ 34,000 34,000 34,000 34,000 34,000 7 ........................ 34,000 34,000 34,000 34,000 34,000 8 ........................ 34,000 34,000 34,000 34,000 34,000 9 ........................ 39,000 42,500 42,500 42,500 42,500 10 ........................ 40,000 43,500 43,500 43,500 43,500 11 ........................ 40,000 44,000 44,000 44,000 44,000 12 ........................ 40,000 45,000 50,000 50,000 50,000 13 ........................ 40,000 45,500 50,500 50,500 50,500 14 ........................ 40,000 46,500 51,500 51,500 51,500 15 ........................ 40,000 47,000 52,000 52,000 52,000 16 ........................ 40,000 48,000 52,500 52,500 52,500 17 ........................ 40,000 48,500 53,500 53,500 53,500 18 ........................ 40,000 49,500 54,000 54,000 54,000 19 ........................ 40,000 50,000 54,500 54,500 54,500 20 ........................ 40,000 51,000 55,500 55,500 55,500 21 ........................ 40,000 51,500 56,000 56,000 56,000 22 ........................ 40,000 52,500 56,500 56,500 56,500 23 ........................ 40,000 53,000 57,500 57,500 57,500 24 ........................ 40,000 54,000 58,000 58,000 58,000 25 ........................ 40,000 54,500 58,500 58,500 58,500 26 ........................ 40,000 55,500 59,500 59,500 59,500 27 ........................ 40,000 56,000 60,000 60,000 60,000 28 ........................ 40,000 57,000 60,500 60,500 60,500 29 ........................ 40,000 57,500 61,500 61,500 61,500 30 ........................ 40,000 58,500 62,000 62,000 62,000 31 ........................ 40,000 59,000 62,500 62,500 62,500 32 ........................ 40,000 60,000 63,500 63,500 63,500 33 ........................ 40,000 60,000 64,000 64,000 64,000 34 ........................ 40,000 60,000 64,500 64,500 64,500 35 ........................ 40,000 60,000 65,500 65,500 65,500 36 ........................ 40,000 60,000 66,000 66,000 66,000 37 ........................ 40,000 60,000 66,500 66,500 66,500 38 ........................ 40,000 60,000 67,500 67,500 67,500 39 ........................ 40,000 60,000 68,000 68,000 68,000 40 ........................ 40,000 60,000 68,500 70,000 70,000 41 ........................ 40,000 60,000 69,500 72,000 72,000 42 ........................ 40,000 60,000 70,000 73,280 73,280 43 ........................ 40,000 60,000 70,500 73,280 73,280 44 ........................ 40,000 60,000 71,500 73,280 73,280 45 ........................ 40,000 60,000 72,000 76,000 80,000 46 ........................ 40,000 60,000 72,500 76,500 80,000 47 ........................ 40,000 60,000 73,500 77,500 80,000 48 ........................ 40,000 60,000 74,000 78,000 80,000 49 ........................ 40,000 60,000 74,500 78,500 80,000 50 ........................ 40,000 60,000 75,500 79,000 80,000 51 ........................ 40,000 60,000 76,000 80,000 80,000 52 ........................ 40,000 60,000 76,500 80,000 80,000 53 ........................ 40,000 60,000 77,500 80,000 80,000 54 ........................ 40,000 60,000 78,000 80,000 80,000 55 ........................ 40,000 60,000 78,500 80,000 80,000 56 ........................ 40,000 60,000 79,500 80,000 80,000 57 ........................ 40,000 60,000 80,000 80,000 80,000 58 ........................ 40,000 60,000 80,000 80,000 80,000 59 ........................ 40,000 60,000 80,000 80,000 80,000 60 ........................ 40,000 60,000 80,000 80,000 80,000 (b) In addition to the weights specified in subdivision (a), two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The gross weight of each set of tandem axles shall not exceed 34,000 pounds , and the gross weight of the two consecutive sets of tandem axles shall not exceed 68,000 pounds. (c) The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used. (d) Nothing contained in this section shall affect the right to prohibit the use of any highway or any , bridge , or other structure thereon in the manner and to the extent specified in Article 4 (commencing with Section 35700) and Article 5 (commencing with Section 35750) of this chapter. (e) The gross weight limits expressed by this section and Section 35550 shall include all enforcement tolerances.

Existing law generally prohibits the total gross weight in pounds imposed on the highway by a group of 2 or more consecutive axles of a vehicle from exceeding a specified weight, depending on the distance in feet between the extremes of a group of 2 or more consecutive axles, and the number of axles. This bill would make technical, nonsubstantive changes to those provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 35551 of the Vehicle Code is amended to read: 35551. (a) Except as otherwise provided in this section or Section 35551.5, the total gross weight in pounds imposed on the highway by any a group of two or more consecutive axles shall not exceed that given for the respective distance in the following table: Distance in feet between the extremes of any group of 2 or more consecutive axles 2 axles 3 axles 4 axles 5 axles 6 axles 4 ........................ 34,000 34,000 34,000 34,000 34,000 5 ........................ 34,000 34,000 34,000 34,000 34,000 6 ........................ 34,000 34,000 34,000 34,000 34,000 7 ........................ 34,000 34,000 34,000 34,000 34,000 8 ........................ 34,000 34,000 34,000 34,000 34,000 9 ........................ 39,000 42,500 42,500 42,500 42,500 10 ........................ 40,000 43,500 43,500 43,500 43,500 11 ........................ 40,000 44,000 44,000 44,000 44,000 12 ........................ 40,000 45,000 50,000 50,000 50,000 13 ........................ 40,000 45,500 50,500 50,500 50,500 14 ........................ 40,000 46,500 51,500 51,500 51,500 15 ........................ 40,000 47,000 52,000 52,000 52,000 16 ........................ 40,000 48,000 52,500 52,500 52,500 17 ........................ 40,000 48,500 53,500 53,500 53,500 18 ........................ 40,000 49,500 54,000 54,000 54,000 19 ........................ 40,000 50,000 54,500 54,500 54,500 20 ........................ 40,000 51,000 55,500 55,500 55,500 21 ........................ 40,000 51,500 56,000 56,000 56,000 22 ........................ 40,000 52,500 56,500 56,500 56,500 23 ........................ 40,000 53,000 57,500 57,500 57,500 24 ........................ 40,000 54,000 58,000 58,000 58,000 25 ........................ 40,000 54,500 58,500 58,500 58,500 26 ........................ 40,000 55,500 59,500 59,500 59,500 27 ........................ 40,000 56,000 60,000 60,000 60,000 28 ........................ 40,000 57,000 60,500 60,500 60,500 29 ........................ 40,000 57,500 61,500 61,500 61,500 30 ........................ 40,000 58,500 62,000 62,000 62,000 31 ........................ 40,000 59,000 62,500 62,500 62,500 32 ........................ 40,000 60,000 63,500 63,500 63,500 33 ........................ 40,000 60,000 64,000 64,000 64,000 34 ........................ 40,000 60,000 64,500 64,500 64,500 35 ........................ 40,000 60,000 65,500 65,500 65,500 36 ........................ 40,000 60,000 66,000 66,000 66,000 37 ........................ 40,000 60,000 66,500 66,500 66,500 38 ........................ 40,000 60,000 67,500 67,500 67,500 39 ........................ 40,000 60,000 68,000 68,000 68,000 40 ........................ 40,000 60,000 68,500 70,000 70,000 41 ........................ 40,000 60,000 69,500 72,000 72,000 42 ........................ 40,000 60,000 70,000 73,280 73,280 43 ........................ 40,000 60,000 70,500 73,280 73,280 44 ........................ 40,000 60,000 71,500 73,280 73,280 45 ........................ 40,000 60,000 72,000 76,000 80,000 46 ........................ 40,000 60,000 72,500 76,500 80,000 47 ........................ 40,000 60,000 73,500 77,500 80,000 48 ........................ 40,000 60,000 74,000 78,000 80,000 49 ........................ 40,000 60,000 74,500 78,500 80,000 50 ........................ 40,000 60,000 75,500 79,000 80,000 51 ........................ 40,000 60,000 76,000 80,000 80,000 52 ........................ 40,000 60,000 76,500 80,000 80,000 53 ........................ 40,000 60,000 77,500 80,000 80,000 54 ........................ 40,000 60,000 78,000 80,000 80,000 55 ........................ 40,000 60,000 78,500 80,000 80,000 56 ........................ 40,000 60,000 79,500 80,000 80,000 57 ........................ 40,000 60,000 80,000 80,000 80,000 58 ........................ 40,000 60,000 80,000 80,000 80,000 59 ........................ 40,000 60,000 80,000 80,000 80,000 60 ........................ 40,000 60,000 80,000 80,000 80,000 (b) In addition to the weights specified in subdivision (a), two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The gross weight of each set of tandem axles shall not exceed 34,000 pounds , and the gross weight of the two consecutive sets of tandem axles shall not exceed 68,000 pounds. (c) The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used. (d) Nothing contained in this section shall affect the right to prohibit the use of any highway or any , bridge , or other structure thereon in the manner and to the extent specified in Article 4 (commencing with Section 35700) and Article 5 (commencing with Section 35750) of this chapter. (e) The gross weight limits expressed by this section and Section 35550 shall include all enforcement tolerances. ### Summary: The people of the State of California do enact as follows: SECTION 1. Section 35551 of the Vehicle Code is amended to

The people of the State of California do enact as follows: SECTION 1. Section 730.6 of the Welfare and Institutions Code is amended to read: 730.6. (a) (1) It is the intent of the Legislature that a victim of conduct for which a minor is found to be a person described in Section 602 who incurs an economic loss as a result of the minor’s conduct shall receive restitution directly from that minor. (2) Upon a minor being found to be a person described in Section 602, the court shall consider levying a fine in accordance with Section 730.5. In addition, the court shall order the minor to pay, in addition to any other penalty provided or imposed under the law, both of the following: (A) A restitution fine in accordance with subdivision (b). (B) Restitution to the victim or victims, if any, in accordance with subdivision (h). (b) If a minor is found to be a person described in Section 602, the court shall impose a separate and additional restitution fine. The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense as follows: (1) If the minor is found to be a person described in Section 602 by reason of the commission of one or more felony offenses, the restitution fine shall not be less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). A separate hearing for the fine shall not be required. (2) If the minor is found to be a person described in Section 602 by reason of the commission of one or more misdemeanor offenses, the restitution fine shall not exceed one hundred dollars ($100). A separate hearing for the fine shall not be required. (c) The restitution fine shall be in addition to any other disposition or fine imposed and shall be imposed regardless of the minor’s inability to pay. This fine shall be deposited in the Restitution Fund. (d) (1) In setting the amount of the fine pursuant to subparagraph (A) of paragraph (2) of subdivision (a), the court shall consider any relevant factors including, but not limited to, the minor’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the minor as a result of the offense, and the extent to which others suffered losses as a result of the offense. The losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses such as psychological harm caused by the offense. (2) The consideration of a minor’s ability to pay may include his or her future earning capacity. A minor shall bear the burden of demonstrating a lack of his or her ability to pay. (e) Express findings of the court as to the factors bearing on the amount of the fine shall not be required. (f) Except as provided in subdivision (g), under no circumstances shall the court fail to impose the separate and additional restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). This fine shall not be subject to penalty assessments pursuant to Section 1464 of the Penal Code. (g) (1) In a case in which the minor is a person described in Section 602 by reason of having committed a felony offense, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). If a waiver is granted, the court shall state on the record all reasons supporting the waiver. (2) If the minor is a person described in subdivision (a) of Section 241.1, the court shall waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). (h) (1) Restitution ordered pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall be imposed in the amount of the losses, as determined. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court at any time during the term of the commitment or probation. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. A minor’s inability to pay shall not be considered a compelling or extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of the restitution order. A restitution order pursuant to subparagraph (B) of paragraph (2) of subdivision (a), to the extent possible, shall identify each victim, unless the court for good cause finds that the order should not identify a victim or victims, and the amount of each victim’s loss to which it pertains, and shall be of a dollar amount sufficient to fully reimburse the victim or victims for all determined economic losses incurred as the result of the minor’s conduct for which the minor was found to be a person described in Section 602, including all of the following: (A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible. (B) Medical expenses. (C) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (D) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (2) A minor shall have the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount on its own motion or on the motion of the district attorney, the victim or victims, or the minor. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the hearing on the motion. If the amount of victim restitution is not known at the time of disposition, the court order shall identify the victim or victims, unless the court finds for good cause that the order should not identify a victim or victims, and state that the amount of restitution for each victim is to be determined. If feasible, the court shall also identify on the court order, any co-offenders who are jointly and severally liable for victim restitution. (i) A restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall identify the losses to which it pertains, and shall be enforceable as a civil judgment pursuant to subdivision (r). The making of a restitution order pursuant to this subdivision shall not affect the right of a victim to recovery from the Restitution Fund in the manner provided elsewhere, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the minor or the minor’s parent or guardian arising out of the offense for which the minor was found to be a person described in Section 602. Restitution imposed shall be ordered to be made to the Restitution Fund to the extent that the victim, as defined in subdivision (j), has received assistance from the Victims of Crime Program pursuant to Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. (j) For purposes of this section, “victim” shall include: (1) The immediate surviving family of the actual victim. (2) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 of the Penal Code, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. (3) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime. (4) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: (A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. (B) At the time of the crime was living in the household of the victim. (C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A). (D) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime. (E) Is the primary caretaker of a minor victim. (k) If the direct victim of an offense is a group home or other facility licensed to provide residential care in which the minor was placed as a dependent or ward of the court, or an employee thereof, restitution shall be limited to out-of-pocket expenses that are not covered by insurance and that are paid by the facility or employee. (l) Upon a minor being found to be a person described in Section 602, the court shall require, as a condition of probation, the payment of restitution fines and orders imposed under this section. Any portion of a restitution order that remains unsatisfied after a minor is no longer on probation shall continue to be enforceable by a victim pursuant to subdivision (r) until the obligation is satisfied in full. (m) Probation shall not be revoked for failure of a person to make restitution pursuant to this section as a condition of probation unless the court determines that the person has willfully failed to pay or failed to make sufficient bona fide efforts to legally acquire the resources to pay. (n) If the court finds and states on the record compelling and extraordinary reasons why restitution should not be required as provided in paragraph (2) of subdivision (a), the court shall order, as a condition of probation, that the minor perform specified community service. (o) The court may avoid ordering community service as a condition of probation only if it finds and states on the record compelling and extraordinary reasons not to order community service in addition to the finding that restitution pursuant to paragraph (2) of subdivision (a) should not be required. (p) If a minor is committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation, the court shall order restitution to be paid to the victim or victims, if any. Payment of restitution to the victim or victims pursuant to this subdivision shall take priority in time over payment of any other restitution fine imposed pursuant to this section. (q) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county. (r) If the judgment is for a restitution fine ordered pursuant to subparagraph (A) of paragraph (2) of subdivision (a), or a restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a), the judgment may be enforced in the manner provided in Section 1214 of the Penal Code.

Existing law provides that a minor who violates a criminal law may be adjudged to be a ward of the court. Existing law generally requires that the minor pay a restitution fine to be deposited into the Restitution Fund and restitution to any victim of his or her conduct. Existing law defines a victim to include the immediate surviving family of the actual victim and governmental entities, as specified. This bill would expand the definition of victim to include a corporation, estate, or other legal or commercial entity when that entity is a direct victim of a crime. The bill would also expand the definition of victim to include a person who has sustained economic loss as a result of a crime and who satisfies specified conditions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 730.6 of the Welfare and Institutions Code is amended to read: 730.6. (a) (1) It is the intent of the Legislature that a victim of conduct for which a minor is found to be a person described in Section 602 who incurs an economic loss as a result of the minor’s conduct shall receive restitution directly from that minor. (2) Upon a minor being found to be a person described in Section 602, the court shall consider levying a fine in accordance with Section 730.5. In addition, the court shall order the minor to pay, in addition to any other penalty provided or imposed under the law, both of the following: (A) A restitution fine in accordance with subdivision (b). (B) Restitution to the victim or victims, if any, in accordance with subdivision (h). (b) If a minor is found to be a person described in Section 602, the court shall impose a separate and additional restitution fine. The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense as follows: (1) If the minor is found to be a person described in Section 602 by reason of the commission of one or more felony offenses, the restitution fine shall not be less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). A separate hearing for the fine shall not be required. (2) If the minor is found to be a person described in Section 602 by reason of the commission of one or more misdemeanor offenses, the restitution fine shall not exceed one hundred dollars ($100). A separate hearing for the fine shall not be required. (c) The restitution fine shall be in addition to any other disposition or fine imposed and shall be imposed regardless of the minor’s inability to pay. This fine shall be deposited in the Restitution Fund. (d) (1) In setting the amount of the fine pursuant to subparagraph (A) of paragraph (2) of subdivision (a), the court shall consider any relevant factors including, but not limited to, the minor’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the minor as a result of the offense, and the extent to which others suffered losses as a result of the offense. The losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses such as psychological harm caused by the offense. (2) The consideration of a minor’s ability to pay may include his or her future earning capacity. A minor shall bear the burden of demonstrating a lack of his or her ability to pay. (e) Express findings of the court as to the factors bearing on the amount of the fine shall not be required. (f) Except as provided in subdivision (g), under no circumstances shall the court fail to impose the separate and additional restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). This fine shall not be subject to penalty assessments pursuant to Section 1464 of the Penal Code. (g) (1) In a case in which the minor is a person described in Section 602 by reason of having committed a felony offense, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). If a waiver is granted, the court shall state on the record all reasons supporting the waiver. (2) If the minor is a person described in subdivision (a) of Section 241.1, the court shall waive imposition of the restitution fine required by subparagraph (A) of paragraph (2) of subdivision (a). (h) (1) Restitution ordered pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall be imposed in the amount of the losses, as determined. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court at any time during the term of the commitment or probation. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. A minor’s inability to pay shall not be considered a compelling or extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of the restitution order. A restitution order pursuant to subparagraph (B) of paragraph (2) of subdivision (a), to the extent possible, shall identify each victim, unless the court for good cause finds that the order should not identify a victim or victims, and the amount of each victim’s loss to which it pertains, and shall be of a dollar amount sufficient to fully reimburse the victim or victims for all determined economic losses incurred as the result of the minor’s conduct for which the minor was found to be a person described in Section 602, including all of the following: (A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible. (B) Medical expenses. (C) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (D) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (2) A minor shall have the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount on its own motion or on the motion of the district attorney, the victim or victims, or the minor. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the hearing on the motion. If the amount of victim restitution is not known at the time of disposition, the court order shall identify the victim or victims, unless the court finds for good cause that the order should not identify a victim or victims, and state that the amount of restitution for each victim is to be determined. If feasible, the court shall also identify on the court order, any co-offenders who are jointly and severally liable for victim restitution. (i) A restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a) shall identify the losses to which it pertains, and shall be enforceable as a civil judgment pursuant to subdivision (r). The making of a restitution order pursuant to this subdivision shall not affect the right of a victim to recovery from the Restitution Fund in the manner provided elsewhere, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the minor or the minor’s parent or guardian arising out of the offense for which the minor was found to be a person described in Section 602. Restitution imposed shall be ordered to be made to the Restitution Fund to the extent that the victim, as defined in subdivision (j), has received assistance from the Victims of Crime Program pursuant to Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. (j) For purposes of this section, “victim” shall include: (1) The immediate surviving family of the actual victim. (2) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 of the Penal Code, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. (3) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime. (4) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: (A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. (B) At the time of the crime was living in the household of the victim. (C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A). (D) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime. (E) Is the primary caretaker of a minor victim. (k) If the direct victim of an offense is a group home or other facility licensed to provide residential care in which the minor was placed as a dependent or ward of the court, or an employee thereof, restitution shall be limited to out-of-pocket expenses that are not covered by insurance and that are paid by the facility or employee. (l) Upon a minor being found to be a person described in Section 602, the court shall require, as a condition of probation, the payment of restitution fines and orders imposed under this section. Any portion of a restitution order that remains unsatisfied after a minor is no longer on probation shall continue to be enforceable by a victim pursuant to subdivision (r) until the obligation is satisfied in full. (m) Probation shall not be revoked for failure of a person to make restitution pursuant to this section as a condition of probation unless the court determines that the person has willfully failed to pay or failed to make sufficient bona fide efforts to legally acquire the resources to pay. (n) If the court finds and states on the record compelling and extraordinary reasons why restitution should not be required as provided in paragraph (2) of subdivision (a), the court shall order, as a condition of probation, that the minor perform specified community service. (o) The court may avoid ordering community service as a condition of probation only if it finds and states on the record compelling and extraordinary reasons not to order community service in addition to the finding that restitution pursuant to paragraph (2) of subdivision (a) should not be required. (p) If a minor is committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation, the court shall order restitution to be paid to the victim or victims, if any. Payment of restitution to the victim or victims pursuant to this subdivision shall take priority in time over payment of any other restitution fine imposed pursuant to this section. (q) At its discretion, the board of supervisors of any county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered to be paid, to be added to the restitution fine and included in the order of the court, the proceeds of which shall be deposited in the general fund of the county. (r) If the judgment is for a restitution fine ordered pursuant to subparagraph (A) of paragraph (2) of subdivision (a), or a restitution order imposed pursuant to subparagraph (B) of paragraph (2) of subdivision (a), the judgment may be enforced in the manner provided in Section 1214 of the Penal Code. ### Summary: This bill amends Section 730.6 of the Welfare and Institutions Code to require the court to impose a restitution fine on a minor found to be a

The people of the State of California do enact as follows: SECTION 1. Section 1941.7 is added to the Civil Code, to read: 1941.7. (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2. (b) A landlord may enter a dwelling unit to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code provided the landlord complies with the provisions of Section 1954. SEC. 2. Section 17920 of the Health and Safety Code is amended to read: 17920. As used in this part: (a) “Approved” means acceptable to the department. (b) “Building” means a structure subject to this part. (c) “Building standard” means building standard as defined in Section 18909. (d) “Department” means the Department of Housing and Community Development. (e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings. (f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services. (g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. (h) “Listed” means all products that appear in a list published by an approved testing or listing agency. (i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. (j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. (k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. (l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity. (m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. (n) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. SEC. 3. Section 17920.3 of the Health and Safety Code is amended to read: 17920.3. Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (9) Room and space dimensions less than required by this code. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. (14) General dilapidation or improper maintenance. (15) Lack of connection to required sewage disposal system. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. (j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. (l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. “Substandard building” includes a building not in compliance with Section 13143.2. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

(1) Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law permits tenants to repair dilapidations, under specified circumstances. This bill would provide that a lessor is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it or if the tenant is in violation of specified affirmative obligations. The bill would authorize a landlord to enter a dwelling to repair a dilapidation relating to mold, under specified conditions. (2) The State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as a lack of sanitation, as specified, is substandard. The law provides that a violation of these provisions is a misdemeanor. This bill would specify that visible mold growth, excepting mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use, is a type of inadequate sanitation and therefore a substandard condition. The bill would define mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1941.7 is added to the Civil Code, to read: 1941.7. (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant is in violation of Section 1941.2. (b) A landlord may enter a dwelling unit to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code provided the landlord complies with the provisions of Section 1954. SEC. 2. Section 17920 of the Health and Safety Code is amended to read: 17920. As used in this part: (a) “Approved” means acceptable to the department. (b) “Building” means a structure subject to this part. (c) “Building standard” means building standard as defined in Section 18909. (d) “Department” means the Department of Housing and Community Development. (e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings. (f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services. (g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. (h) “Listed” means all products that appear in a list published by an approved testing or listing agency. (i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. (j) “Mold” means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. (k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. (l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity. (m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. (n) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. SEC. 3. Section 17920.3 of the Health and Safety Code is amended to read: 17920.3. Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (9) Room and space dimensions less than required by this code. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction. (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. (14) General dilapidation or improper maintenance. (15) Lack of connection to required sewage disposal system. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code. (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition. (j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. (l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. “Substandard building” includes a building not in compliance with Section 13143.2. However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 50003 of the Financial Code is amended to read: 50003. (a) “Annual audit” means a certified audit of the licensee’s books, records, and systems of internal control performed by an independent certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards. (b) “Borrower” means the loan applicant. (c) “Buy” includes exchange, offer to buy, or solicitation to buy. (d) “Commissioner” means the Commissioner of Business Oversight. (e) “Control” means the possession, directly or indirectly, of the power to direct, or cause the direction of, the management and policies of a licensee under this division, whether through voting or through the ownership of voting power of an entity that possesses voting power of the licensee, or otherwise. Control is presumed to exist if a person, directly or indirectly, owns, controls, or holds 10 percent or more of the voting power of a licensee or of an entity that owns, controls, or holds, with power to vote, 10 percent or more of the voting power of a licensee. No person shall be deemed to control a licensee solely by reason of his or her status as an officer or director of the licensee. (f) “Depository institution” has the same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. (g) “Engage in the business” means the dissemination to the public, or any part of the public, by means of written, printed, or electronic communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, of any information relating to the making of residential mortgage loans, the servicing of residential mortgage loans, or both. “Engage in the business” also means, without limitation, making residential mortgage loans or servicing residential mortgage loans, or both. (h) “Federal banking agencies” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. (i) “In this state” includes any activity of a person relating to making or servicing a residential mortgage loan that originates from this state and is directed to persons outside this state, or that originates from outside this state and is directed to persons inside this state, or that originates inside this state and is directed to persons inside this state, or that leads to the formation of a contract and the offer or acceptance thereof is directed to a person in this state (whether from inside or outside this state and whether the offer was made inside or outside the state). (j) “Institutional investor” means the following: (1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial bank or industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurance company, or subsidiary or affiliate of one of the preceding entities, doing business under the authority of or in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. (3) Trustees of pension, profit-sharing, or welfare funds, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000), except pension, profit-sharing, or welfare funds of a licensee or its affiliate, self-employed individual retirement plans, or individual retirement accounts. (4) A corporation or other entity with outstanding securities registered under Section 12 of the federal Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation or entity, provided that the purchaser represents either of the following: (A) That it is purchasing for its own account for investment and not with a view to, or for sale in connection with, any distribution of a promissory note. (B) That it is purchasing for resale pursuant to an exemption under Rule 144A (17 C.F.R. 230.144A) of the Securities and Exchange Commission. (5) An investment company registered under the Investment Company Act of 1940; or a wholly owned and controlled subsidiary of that company, provided that the purchaser makes either of the representations provided in paragraph (4). (6) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law or an affiliate or subsidiary of that person. (7) Any person who is licensed as a securities broker or securities dealer under any law of this state, or of the United States, or any employee, officer, or agent of that person, if that person is acting within the scope of authority granted by that license or an affiliate or subsidiary controlled by that broker or dealer, in connection with a transaction involving the offer, sale, purchase, or exchange of one or more promissory notes secured directly or indirectly by liens on real property or a security representing an ownership interest in a pool of promissory notes secured directly or indirectly by liens on real property, and the offer and sale of those securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. (8) A licensed real estate broker selling the loan to an institutional investor specified in paragraphs (1) to (7), inclusive, or paragraph (9) or (10). (9) A business development company as defined in Section 2(a)(48) of the Investment Company Act of 1940 or a small business investment company licensed by the United States Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958. (10) A syndication or other combination of any of the foregoing entities that is organized to purchase a promissory note. (11) A trust or other business entity established by an institutional investor for the purpose of issuing or facilitating the issuance of securities representing undivided interests in, or rights to receive payments from or to receive payments primarily from, a pool of financial assets held by the trust or business entity, provided that all of the following apply: (A) The business entity is not a sole proprietorship. (B) The pool of assets consists of one or more of the following: (i) Interest-bearing obligations. (ii) Other contractual obligations representing the right to receive payments from the assets. (iii) Surety bonds, insurance policies, letters of credit, or other instruments providing credit enhancement for the assets. (C) The securities will be either one of the following: (i) Rated as “investment grade” by Standard and Poor’s Corporation or Moody’s Investors Service, Inc. “Investment grade” means that the securities will be rated by Standard and Poor’s Corporation as AAA, AA, A, or BBB or by Moody’s Investors Service, Inc. as Aaa, Aa, A, or Baa, including any of those ratings with “+” or “—” designation or other variations that occur within those ratings. (ii) Sold to an institutional investor. (D) The offer and sale of the securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. (k) “Institutional lender” means the following: (1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial loan company, or insurance company, or service or investment company that is wholly owned and controlled by one of the preceding entities, doing business under the authority of and in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. (3) Any corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or any wholly owned subsidiary of that corporation. (4) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law. (l) “Law” means the California Residential Mortgage Lending Act. (m) “Lender” means a person that satisfies either of the following: (1) The person is or does all of the following: (A) The person is an approved lender for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation. (B) The person directly makes residential mortgage loans. (C) The person makes the credit decision in the loan transactions. (2) The person is either of the following: (A) Is not a natural person and engages in the activities of a loan processor or underwriter for a residential mortgage loan but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). (B) Is a natural person and an independent contractor who engages in the activities of a loan processor or underwriter for a residential mortgage loan as described in subdivision (c) of Section 50003.6 but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). (n) “Licensee” means, depending on the context, a person licensed under Chapter 2 (commencing with Section 50120), Chapter 3 (commencing with Section 50130), or Chapter 3.5 (commencing with Section 50140). (o) “Makes or making residential mortgage loans” or “mortgage lending” means processing, underwriting, or as a lender using or advancing one’s own funds, or making a commitment to advance one’s own funds, to a loan applicant for a residential mortgage loan. (p) “Mortgage loan,” “residential mortgage loan,” or “home mortgage loan” means a federally related mortgage loan as defined in Section 1024.2 of Title 12 of the Code of Federal Regulations, or a loan made to finance construction of a one-to-four family dwelling. (q) “Mortgage servicer” or “residential mortgage loan servicer” means a person that (1) is an approved servicer for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, and (2) directly services or offers to service mortgage loans. (r) “Nationwide Mortgage Licensing System and Registry” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators. (s) “Net worth” has the meaning set forth in Section 50201. (t) “Own funds” means (1) cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on a lender’s financial statements, whether secured or unsecured, or (2) a lender’s affiliate’s cash, corporate capital, or warehouse credit lines at commercial banks or other sources that are liability items on the affiliate’s financial statements, whether secured or unsecured. “Own funds” does not include funds provided by a third party to fund a loan on condition that the third party will subsequently purchase or accept an assignment of that loan. (u) “Person” means a natural person, a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a trust, a joint venture, an unincorporated organization, a joint stock company, a government or a political subdivision of a government, and any other entity. (v) “Residential real property” or “residential real estate” means real property located in this state that is improved by a one-to-four family dwelling. (w) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). (x) “Service” or “servicing” means receiving more than three installment payments of principal, interest, or other amounts placed in escrow, pursuant to the terms of a mortgage loan and performing services by a licensee relating to that receipt or the enforcement of its receipt, on behalf of the holder of the note evidencing that loan. (y) “Sell” includes exchange, offer to sell, or solicitation to sell. (z) “Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. (aa) For purposes of Sections 50142, 50143, and 50145, “nontraditional mortgage product” means any mortgage product other than a 30-year fixed rate mortgage. (ab) For purposes of Section 50141, “expungement” means the subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such individual to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty or dismissing the accusation, information, or indictment. With respect to criminal convictions in another state, that state’s definition of expungement will apply. SEC. 2. Section 50201 of the Financial Code is amended to read: 50201. (a) A licensee issued a license for purposes of making or servicing residential mortgage loans, including a licensee employing one or more mortgage loan originators, shall continuously maintain a minimum tangible net worth at all times of two hundred fifty thousand dollars ($250,000). The commissioner, in his or her discretion, may require a lender who engages in the activities described in paragraph (2) of subdivision (m) of Section 50003 to continuously maintain a minimum tangible net worth of an amount that is greater than two hundred fifty thousand dollars ($250,000), but that does not exceed the net worth required of an approved lender under the Federal Housing Administration. (b) Tangible net worth shall be computed in accordance with generally accepted accounting principles. (c) The commissioner may promulgate rules or regulations with respect to the requirements for minimum net worth, as are necessary to accomplish the purposes of this division and comply with the SAFE Act.

Existing law defines specified terms for purposes of the California Residential Mortgage Lending Act, which generally prohibits a person from engaging in the business of making residential mortgage loans or servicing residential mortgage loans without first obtaining a license from the Commissioner of Business Oversight in accordance with the act. Existing law defines a lender as a person who is an approved lender for the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration, the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, who directly makes residential mortgage loans, and who makes the credit decision in the loan transactions. Existing law requires a licensee issued a license for purposes of making or servicing residential mortgage loans to continuously maintain a minimum tangible net worth of $250,000. This bill would specify that the term “lender” includes a person, other than a natural person, and a natural person who is also an independent contractor, who engages in the activities of a loan processor or underwriter for residential mortgage loans, but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans, as specified. The bill would authorize the commissioner to require a licensee who is engaged in the processing or underwriting of residential mortgage loans to continuously maintain a minimum tangible net worth in an amount that is greater than $250,000, but that does not exceed the net worth required of an approved lender under the Federal Housing Administration.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 50003 of the Financial Code is amended to read: 50003. (a) “Annual audit” means a certified audit of the licensee’s books, records, and systems of internal control performed by an independent certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards. (b) “Borrower” means the loan applicant. (c) “Buy” includes exchange, offer to buy, or solicitation to buy. (d) “Commissioner” means the Commissioner of Business Oversight. (e) “Control” means the possession, directly or indirectly, of the power to direct, or cause the direction of, the management and policies of a licensee under this division, whether through voting or through the ownership of voting power of an entity that possesses voting power of the licensee, or otherwise. Control is presumed to exist if a person, directly or indirectly, owns, controls, or holds 10 percent or more of the voting power of a licensee or of an entity that owns, controls, or holds, with power to vote, 10 percent or more of the voting power of a licensee. No person shall be deemed to control a licensee solely by reason of his or her status as an officer or director of the licensee. (f) “Depository institution” has the same meaning as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. (g) “Engage in the business” means the dissemination to the public, or any part of the public, by means of written, printed, or electronic communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, of any information relating to the making of residential mortgage loans, the servicing of residential mortgage loans, or both. “Engage in the business” also means, without limitation, making residential mortgage loans or servicing residential mortgage loans, or both. (h) “Federal banking agencies” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. (i) “In this state” includes any activity of a person relating to making or servicing a residential mortgage loan that originates from this state and is directed to persons outside this state, or that originates from outside this state and is directed to persons inside this state, or that originates inside this state and is directed to persons inside this state, or that leads to the formation of a contract and the offer or acceptance thereof is directed to a person in this state (whether from inside or outside this state and whether the offer was made inside or outside the state). (j) “Institutional investor” means the following: (1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial bank or industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurance company, or subsidiary or affiliate of one of the preceding entities, doing business under the authority of or in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. (3) Trustees of pension, profit-sharing, or welfare funds, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000), except pension, profit-sharing, or welfare funds of a licensee or its affiliate, self-employed individual retirement plans, or individual retirement accounts. (4) A corporation or other entity with outstanding securities registered under Section 12 of the federal Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation or entity, provided that the purchaser represents either of the following: (A) That it is purchasing for its own account for investment and not with a view to, or for sale in connection with, any distribution of a promissory note. (B) That it is purchasing for resale pursuant to an exemption under Rule 144A (17 C.F.R. 230.144A) of the Securities and Exchange Commission. (5) An investment company registered under the Investment Company Act of 1940; or a wholly owned and controlled subsidiary of that company, provided that the purchaser makes either of the representations provided in paragraph (4). (6) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law or an affiliate or subsidiary of that person. (7) Any person who is licensed as a securities broker or securities dealer under any law of this state, or of the United States, or any employee, officer, or agent of that person, if that person is acting within the scope of authority granted by that license or an affiliate or subsidiary controlled by that broker or dealer, in connection with a transaction involving the offer, sale, purchase, or exchange of one or more promissory notes secured directly or indirectly by liens on real property or a security representing an ownership interest in a pool of promissory notes secured directly or indirectly by liens on real property, and the offer and sale of those securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. (8) A licensed real estate broker selling the loan to an institutional investor specified in paragraphs (1) to (7), inclusive, or paragraph (9) or (10). (9) A business development company as defined in Section 2(a)(48) of the Investment Company Act of 1940 or a small business investment company licensed by the United States Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958. (10) A syndication or other combination of any of the foregoing entities that is organized to purchase a promissory note. (11) A trust or other business entity established by an institutional investor for the purpose of issuing or facilitating the issuance of securities representing undivided interests in, or rights to receive payments from or to receive payments primarily from, a pool of financial assets held by the trust or business entity, provided that all of the following apply: (A) The business entity is not a sole proprietorship. (B) The pool of assets consists of one or more of the following: (i) Interest-bearing obligations. (ii) Other contractual obligations representing the right to receive payments from the assets. (iii) Surety bonds, insurance policies, letters of credit, or other instruments providing credit enhancement for the assets. (C) The securities will be either one of the following: (i) Rated as “investment grade” by Standard and Poor’s Corporation or Moody’s Investors Service, Inc. “Investment grade” means that the securities will be rated by Standard and Poor’s Corporation as AAA, AA, A, or BBB or by Moody’s Investors Service, Inc. as Aaa, Aa, A, or Baa, including any of those ratings with “+” or “—” designation or other variations that occur within those ratings. (ii) Sold to an institutional investor. (D) The offer and sale of the securities is qualified under the California Corporate Securities Law of 1968 or registered under federal securities laws, or exempt from qualification or registration. (k) “Institutional lender” means the following: (1) The United States or any state, district, territory, or commonwealth thereof, or any city, county, city and county, public district, public authority, public corporation, public entity, or political subdivision of a state, district, territory, or commonwealth of the United States, or any agency or other instrumentality of any one or more of the foregoing, including, by way of example, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (2) Any bank, trust company, savings bank or savings and loan association, credit union, industrial loan company, or insurance company, or service or investment company that is wholly owned and controlled by one of the preceding entities, doing business under the authority of and in accordance with a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States. (3) Any corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or any wholly owned subsidiary of that corporation. (4) A residential mortgage lender or servicer licensed to make residential mortgage loans under this law. (l) “Law” means the California Residential Mortgage Lending Act. (m) “Lender” means a person that satisfies either of the following: (1) The person is or does all of the following: (A) The person is an approved lender for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation. (B) The person directly makes residential mortgage loans. (C) The person makes the credit decision in the loan transactions. (2) The person is either of the following: (A) Is not a natural person and engages in the activities of a loan processor or underwriter for a residential mortgage loan but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). (B) Is a natural person and an independent contractor who engages in the activities of a loan processor or underwriter for a residential mortgage loan as described in subdivision (c) of Section 50003.6 but does not solicit loan applicants, originate mortgage loans, or fund mortgage loans unless the person is also a lender under paragraph (1). (n) “Licensee” means, depending on the context, a person licensed under Chapter 2 (commencing with Section 50120), Chapter 3 (commencing with Section 50130), or Chapter 3.5 (commencing with Section 50140). (o) “Makes or making residential mortgage loans” or “mortgage lending” means processing, underwriting, or as a lender using or advancing one’s own funds, or making a commitment to advance one’s own funds, to a loan applicant for a residential mortgage loan. (p) “Mortgage loan,” “residential mortgage loan,” or “home mortgage loan” means a federally related mortgage loan as defined in Section 1024.2 of Title 12 of the Code of Federal Regulations, or a loan made to finance construction of a one-to-four family dwelling. (q) “Mortgage servicer” or “residential mortgage loan servicer” means a person that (1) is an approved servicer for the Federal Housing Administration, Veterans Administration, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, and (2) directly services or offers to service mortgage loans. (r) “Nationwide Mortgage Licensing System and Registry” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators. (s) “Net worth” has the meaning set forth in Section 50201. (t) “Own funds” means (1) cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on a lender’s financial statements, whether secured or unsecured, or (2) a lender’s affiliate’s cash, corporate capital, or warehouse credit lines at commercial banks or other sources that are liability items on the affiliate’s financial statements, whether secured or unsecured. “Own funds” does not include funds provided by a third party to fund a loan on condition that the third party will subsequently purchase or accept an assignment of that loan. (u) “Person” means a natural person, a sole proprietorship, a corporation, a partnership, a limited liability company, an association, a trust, a joint venture, an unincorporated organization, a joint stock company, a government or a political subdivision of a government, and any other entity. (v) “Residential real property” or “residential real estate” means real property located in this state that is improved by a one-to-four family dwelling. (w) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). (x) “Service” or “servicing” means receiving more than three installment payments of principal, interest, or other amounts placed in escrow, pursuant to the terms of a mortgage loan and performing services by a licensee relating to that receipt or the enforcement of its receipt, on behalf of the holder of the note evidencing that loan. (y) “Sell” includes exchange, offer to sell, or solicitation to sell. (z) “Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. (aa) For purposes of Sections 50142, 50143, and 50145, “nontraditional mortgage product” means any mortgage product other than a 30-year fixed rate mortgage. (ab) For purposes of Section 50141, “expungement” means the subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such individual to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty or dismissing the accusation, information, or indictment. With respect to criminal convictions in another state, that state’s definition of expungement will apply. SEC. 2. Section 50201 of the Financial Code is amended to read: 50201. (a) A licensee issued a license for purposes of making or servicing residential mortgage loans, including a licensee employing one or more mortgage loan originators, shall continuously maintain a minimum tangible net worth at all times of two hundred fifty thousand dollars ($250,000). The commissioner, in his or her discretion, may require a lender who engages in the activities described in paragraph (2) of subdivision (m) of Section 50003 to continuously maintain a minimum tangible net worth of an amount that is greater than two hundred fifty thousand dollars ($250,000), but that does not exceed the net worth required of an approved lender under the Federal Housing Administration. (b) Tangible net worth shall be computed in accordance with generally accepted accounting principles. (c) The commissioner may promulgate rules or regulations with respect to the requirements for minimum net worth, as are necessary to accomplish the purposes of this division and comply with the SAFE Act. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1714.21 of the Civil Code is amended to read: 1714.21. (a) For purposes of this section, the following definitions shall apply: (1) “AED” or “defibrillator” means an automated external defibrillator. (2) “CPR” means cardiopulmonary resuscitation. (b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care. (c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care. (d) (1) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code. (2) A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED. (e) The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. (f) This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. SEC. 2. Section 1797.196 of the Health and Safety Code is amended to read: 1797.196. (a) For purposes of this section, “AED” or “defibrillator” means an automated external defibrillator. (b) (1) In order to ensure public safety, a person or entity that acquires an AED shall do all of the following: (A) Comply with all regulations governing the placement of an AED. (B) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. (C) Ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer. (D) Ensure that the AED is tested at least biannually and after each use. (E) Ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device, including a blinking light or other obvious defect that may suggest tampering or that another problem has arisen with the functionality of the AED. (F) Ensure that records of the maintenance and testing required pursuant to this paragraph are maintained. (2) When an AED is placed in a building, the building owner shall do all of the following: (A) At least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training. (B) At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so. (C) Next to the AED, post instructions, in no less than 14-point type, on how to use the AED. (3) A medical director or other physician and surgeon is not required to be involved in the acquisition or placement of an AED. (c) (1) When an AED is placed in a public or private K–12 school, the principal shall ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED. The principal shall also ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED. The principal shall, at least annually, notify school employees as to the location of all AED units on the campus. (2) This section does not prohibit a school employee or other person from rendering aid with an AED. (d) A manufacturer or retailer supplying an AED shall provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED. (e) A violation of this section is not subject to penalties pursuant to Section 1798.206. (f) Nothing in this section or Section 1714.21 of the Civil Code may be construed to require a building owner or a building manager to acquire and have installed an AED in any building. (g) For purposes of this section, “local EMS agency” means an agency established pursuant to Section 1797.200. (h) This section does not apply to facilities licensed pursuant to subdivision (a), (b), (c), or (f) of Section 1250.

Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, a physician who is involved with the placement of the AED, and any person or entity responsible for the site where the AED is located if specified conditions are met, including maintenance and regular testing of the AED and having a written plan that describes the procedures to be followed in case of an emergency that may involve the use of the AED. Under existing law, those specified conditions also require, when an AED is placed in a public or private K–12 school, the school principal to, among other things, ensure that the school administrators and staff annually receive a brochure, approved as to content and style by the American Heart Association or the American Red Cross, that describes the proper use of an AED, to ensure that similar information is posted next to every AED, and to designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours. This bill would provide an exemption from civil liability for a physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED. The bill would require a person or entity, other than a health facility as defined, that acquires an AED to, among other things, comply with specified regulations for the placement of the device and ensure that the AED is maintained and tested as specified. The bill would require a building owner to annually notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training, to offer a demonstration to at least one person associated with the building as to the use of an AED in an emergency, and post instructions for the use of the AED. The bill would also specify that a medical director or physician and surgeon is not required to be involved in the acquisition or placement of an AED. The bill would make related changes. This bill would revise the public or private K–12 school provisions described above by instead requiring, when an AED is placed in a public or private K–12 school, the school principal to ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED, by instead requiring the school principal to ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED, and by deleting the requirement that the school principal designate the trained employees who are available to respond to an emergency that may involve the use of an AED during normal operating hours.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1714.21 of the Civil Code is amended to read: 1714.21. (a) For purposes of this section, the following definitions shall apply: (1) “AED” or “defibrillator” means an automated external defibrillator. (2) “CPR” means cardiopulmonary resuscitation. (b) Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care. (c) A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care. (d) (1) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code. (2) A physician and surgeon or other health care professional that is involved in the selection, placement, or installation of an AED pursuant to Section 1797.196 of the Health and Safety Code is not liable for civil damages resulting from acts or omissions in the rendering of emergency care by use of that AED. (e) The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED. (f) This section does not relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law. SEC. 2. Section 1797.196 of the Health and Safety Code is amended to read: 1797.196. (a) For purposes of this section, “AED” or “defibrillator” means an automated external defibrillator. (b) (1) In order to ensure public safety, a person or entity that acquires an AED shall do all of the following: (A) Comply with all regulations governing the placement of an AED. (B) Notify an agent of the local EMS agency of the existence, location, and type of AED acquired. (C) Ensure that the AED is maintained and tested according to the operation and maintenance guidelines set forth by the manufacturer. (D) Ensure that the AED is tested at least biannually and after each use. (E) Ensure that an inspection is made of all AEDs on the premises at least every 90 days for potential issues related to operability of the device, including a blinking light or other obvious defect that may suggest tampering or that another problem has arisen with the functionality of the AED. (F) Ensure that records of the maintenance and testing required pursuant to this paragraph are maintained. (2) When an AED is placed in a building, the building owner shall do all of the following: (A) At least once a year, notify the tenants as to the location of the AED units and provide information to tenants about who they can contact if they want to voluntarily take AED or CPR training. (B) At least once a year, offer a demonstration to at least one person associated with the building so that the person can be walked through how to use an AED properly in an emergency. The building owner may arrange for the demonstration or partner with a nonprofit organization to do so. (C) Next to the AED, post instructions, in no less than 14-point type, on how to use the AED. (3) A medical director or other physician and surgeon is not required to be involved in the acquisition or placement of an AED. (c) (1) When an AED is placed in a public or private K–12 school, the principal shall ensure that the school administrators and staff annually receive information that describes sudden cardiac arrest, the school’s emergency response plan, and the proper use of an AED. The principal shall also ensure that instructions, in no less than 14-point type, on how to use the AED are posted next to every AED. The principal shall, at least annually, notify school employees as to the location of all AED units on the campus. (2) This section does not prohibit a school employee or other person from rendering aid with an AED. (d) A manufacturer or retailer supplying an AED shall provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED. (e) A violation of this section is not subject to penalties pursuant to Section 1798.206. (f) Nothing in this section or Section 1714.21 of the Civil Code may be construed to require a building owner or a building manager to acquire and have installed an AED in any building. (g) For purposes of this section, “local EMS agency” means an agency established pursuant to Section 1797.200. (h) This section does not apply to facilities licensed pursuant to subdivision (a), (b), (c), or (f) of Section 1250. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California is expected to spend $142 billion on health and human services programs this year, which is by far the largest state budget expenditure, while total education spending for kindergarten, grades 1 to 12, inclusive, and higher education programs is only $80 billion per year. (b) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and the second largest amongst the 10 largest states, yet poverty remains a persistent problem. (c) We must recognize that California’s problems of poverty and inequality do not stem from a lack of safety net programs. (d) California’s social safety net needs to invest in programs that elevate people out of poverty rather than helping people live better in poverty. SEC. 2. Article 3.7 (commencing with Section 11337) is added to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 3.7. Opportunity Grant Pilot Project 11337. (a) The State Department of Social Services Services, in consultation with the County Welfare Directors Association of California, shall, no later than July 1, 2016, 2017, design and implement a five-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. (b) In developing the pilot project described in subdivision (a), the department shall, at a minimum, do all of the following: (1) Develop a competitive review process for all grant proposals submitted and a methodology to determine grant amounts. (2) Develop eligibility requirements for organizations seeking a grant. The eligibility requirements shall, at a minimum, require an organization’s program to include all of the elements specified in subdivision (d). The eligibility requirements for organizations seeking a grant do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. (3) Develop an ongoing evaluation, utilizing objective criteria, of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The evaluation criteria shall, at a minimum, include an examination of all of the following: (A) The number and percentage of participants that complete the program. (B) The number and percentage of program participants that begin the program with a high school diploma or equivalent. (C) The number and percentage of program participants that achieve a high school diploma or equivalent while in the program. (D) The number of program participants that obtain nonsubsidized employment of at least 20 hours per week by the time of program completion, with regular followup to determine if this minimum level of nonsubsidized employment is maintained for the duration of the ongoing evaluation required by this paragraph. (E) The attainment of academic stability for the children of program participants. The department shall develop a definition of academic stability for purposes of this section. (F) The number and percentage of program participants still receiving CalWORKs benefits upon completion of the program. (G) The average income of program participants at the time of program completion. (H) The number and percentage of program participants that achieve family reunification, when applicable. (4) Develop a periodic progress report for the duration of the pilot project. (c) The department may enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation required by paragraph (3) of subdivision (b). The department and any academic institution or other entity the department contracts with to create, perform, or both create and perform the evaluation shall seek input from stakeholders during the development process. (d) In order to be considered for a grant, an organization shall, at a minimum, include all of the following elements in its program: (1) Education focused on the attainment of a high school diploma or its equivalent. (2) Mental health services. (3) Employment training. (4) Financial training. (5) Parenting skills training. (6) Life skills training. (7) Child care services. Each participating child care provider shall obtain a criminal record clearance pursuant to Section 1596.871 of the Health and Safety Code. If the organization serves only pregnant women, the organization shall not be required to provide child care services to be eligible for grant funding. (8) A clean and sober environment. (9) Comprehensive, targeted case management to assist program participants. (10) Ongoing monitoring of program participants for at least five years after they have completed the program for purposes of measuring long-term program effectiveness. (11) Trauma-informed social work. (e) An organization receiving a grant may utilize the grant funds in any reasonable manner, as long as the funds are expended in furtherance of the program elements or other requirements the department establishes. Housing, transportation, and child care expenses for program participants shall be considered an allowable use of grant funds. (f) (1) The benefits an individual may receive through participation in a program receiving grant funding are in addition to any other public assistance benefits for which the individual may be eligible. (2) Organizations receiving grant funding may set their own eligibility criteria for their programs as long as the eligibility criteria are consistent with the goals of this pilot project. The criteria for eligibility set by the organization do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. (3) Organizations receiving grant funding shall contact the county welfare department upon being notified of the grant and shall make a good faith effort to coordinate their programs with CalWORKs requirements. (g) Participation in a program administered by an organization receiving grant funding pursuant to this section is voluntary. (h) (1) No later than December 31, 2020, 2021, the department, or the academic institution or other entity the department contracted with pursuant to subdivision (c), shall send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature. The report shall also be posted on the department’s Internet Web site. (2) The report required by paragraph (1) shall not reveal the identity of any program participant, nor shall it contain any personally identifiable information. (3) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. 11338. This article shall become inoperative on July 1, 2021, 2022, and, as of January 1, 2022, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 3. The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the State Department of Social Services for purposes of funding the pilot program developed pursuant to Article 3.7 (commencing with Section 11337) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.

Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. This bill would require the State Department of Social Services, in consultation with the County Welfare Directors Association of California, no later than July 1, 2016, 2017, to design and implement a 5-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. The bill would require the department, in developing the pilot project, among other things, to develop a competitive review process for all grant proposals submitted, to develop eligibility requirements for organizations seeking a grant, and to develop an ongoing evaluation of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The bill would authorize the department to enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation. The bill would authorize an organization receiving a grant to utilize the funds in any reasonable manner, as long as the funds are expended in furtherance of the organization’s program or other requirements established by the department. The bill would require organizations receiving grant funding to contact the county welfare department upon being notified of the grant and to make a good faith effort to coordinate their programs with CalWORKs requirements. The bill would require the department, or the academic institution or other entity the department contracted with, to send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature by December 31, 2020. 2021. The bill would appropriate $50,000,000 from the General Fund for the purpose of funding these provisions. The bill would make these provisions inoperative on July 1, 2021, 2022, and would repeal them on January 1, 2022. 2023.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California is expected to spend $142 billion on health and human services programs this year, which is by far the largest state budget expenditure, while total education spending for kindergarten, grades 1 to 12, inclusive, and higher education programs is only $80 billion per year. (b) California has the fifth largest Temporary Assistance for Needy Families (TANF) cash grant in the nation, and the second largest amongst the 10 largest states, yet poverty remains a persistent problem. (c) We must recognize that California’s problems of poverty and inequality do not stem from a lack of safety net programs. (d) California’s social safety net needs to invest in programs that elevate people out of poverty rather than helping people live better in poverty. SEC. 2. Article 3.7 (commencing with Section 11337) is added to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 3.7. Opportunity Grant Pilot Project 11337. (a) The State Department of Social Services Services, in consultation with the County Welfare Directors Association of California, shall, no later than July 1, 2016, 2017, design and implement a five-year pilot project under which monetary grants are provided to organizations operating programs that assist individuals receiving CalWORKs benefits achieve economic independence. (b) In developing the pilot project described in subdivision (a), the department shall, at a minimum, do all of the following: (1) Develop a competitive review process for all grant proposals submitted and a methodology to determine grant amounts. (2) Develop eligibility requirements for organizations seeking a grant. The eligibility requirements shall, at a minimum, require an organization’s program to include all of the elements specified in subdivision (d). The eligibility requirements for organizations seeking a grant do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. (3) Develop an ongoing evaluation, utilizing objective criteria, of the effectiveness of an organization receiving grant funding in teaching its program participants the skills necessary to achieve economic independence. The evaluation criteria shall, at a minimum, include an examination of all of the following: (A) The number and percentage of participants that complete the program. (B) The number and percentage of program participants that begin the program with a high school diploma or equivalent. (C) The number and percentage of program participants that achieve a high school diploma or equivalent while in the program. (D) The number of program participants that obtain nonsubsidized employment of at least 20 hours per week by the time of program completion, with regular followup to determine if this minimum level of nonsubsidized employment is maintained for the duration of the ongoing evaluation required by this paragraph. (E) The attainment of academic stability for the children of program participants. The department shall develop a definition of academic stability for purposes of this section. (F) The number and percentage of program participants still receiving CalWORKs benefits upon completion of the program. (G) The average income of program participants at the time of program completion. (H) The number and percentage of program participants that achieve family reunification, when applicable. (4) Develop a periodic progress report for the duration of the pilot project. (c) The department may enter into an agreement with an academic institution or other entity with sufficient expertise for the purpose of creating, performing, or both creating and performing the evaluation required by paragraph (3) of subdivision (b). The department and any academic institution or other entity the department contracts with to create, perform, or both create and perform the evaluation shall seek input from stakeholders during the development process. (d) In order to be considered for a grant, an organization shall, at a minimum, include all of the following elements in its program: (1) Education focused on the attainment of a high school diploma or its equivalent. (2) Mental health services. (3) Employment training. (4) Financial training. (5) Parenting skills training. (6) Life skills training. (7) Child care services. Each participating child care provider shall obtain a criminal record clearance pursuant to Section 1596.871 of the Health and Safety Code. If the organization serves only pregnant women, the organization shall not be required to provide child care services to be eligible for grant funding. (8) A clean and sober environment. (9) Comprehensive, targeted case management to assist program participants. (10) Ongoing monitoring of program participants for at least five years after they have completed the program for purposes of measuring long-term program effectiveness. (11) Trauma-informed social work. (e) An organization receiving a grant may utilize the grant funds in any reasonable manner, as long as the funds are expended in furtherance of the program elements or other requirements the department establishes. Housing, transportation, and child care expenses for program participants shall be considered an allowable use of grant funds. (f) (1) The benefits an individual may receive through participation in a program receiving grant funding are in addition to any other public assistance benefits for which the individual may be eligible. (2) Organizations receiving grant funding may set their own eligibility criteria for their programs as long as the eligibility criteria are consistent with the goals of this pilot project. The criteria for eligibility set by the organization do not affect an individual’s eligibility for CalWORKs benefits, as determined by the county. (3) Organizations receiving grant funding shall contact the county welfare department upon being notified of the grant and shall make a good faith effort to coordinate their programs with CalWORKs requirements. (g) Participation in a program administered by an organization receiving grant funding pursuant to this section is voluntary. (h) (1) No later than December 31, 2020, 2021, the department, or the academic institution or other entity the department contracted with pursuant to subdivision (c), shall send a report evaluating the effectiveness of the programs funded by the grants to the relevant policy and fiscal committees of the Legislature. The report shall also be posted on the department’s Internet Web site. (2) The report required by paragraph (1) shall not reveal the identity of any program participant, nor shall it contain any personally identifiable information. (3) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. 11338. This article shall become inoperative on July 1, 2021, 2022, and, as of January 1, 2022, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2022, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 3. The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the State Department of Social Services for purposes of funding the pilot program developed pursuant to Article 3.7 (commencing with Section 11337) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 42023.1 of the Public Resources Code is amended to read: 42023.1. (a) The Recycling Market Development Revolving Loan Subaccount is hereby created in the account for the purpose of providing loans for purposes of the Recycling Market Development Revolving Loan Program established pursuant to this article and for making payments pursuant to subdivision (g). (b) Notwithstanding Section 13340 of the Government Code, the funds deposited in the subaccount are hereby continuously appropriated to the department without regard to fiscal year for making loans pursuant to this article and for making payments pursuant to subdivision (g). (c) The department may expend interest earnings on funds in the subaccount for administrative expenses incurred in carrying out the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. (d) The money from loan repayments and fees, including, but not limited to, principal and interest repayments, fees and points, recovery of collection costs, income earned on an asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the subaccount. (e) All interest accruing on interest payments from loan applicants shall be deposited in the subaccount. (f) The department may expend the money in the subaccount to make loans to local governing bodies, private businesses, and nonprofit entities within recycling market development zones, or in areas outside zones where partnerships exist with other public entities to assist local jurisdictions to comply with Section 40051. (g) The department may expend the money in the subaccount to make payments to local governing bodies within a recycling market zone for services related to the promotion of the zone. The services may include, but are not limited to, training, outreach, development of written promotional materials, and technical analyses of feedstock availability. (h) The department shall not fund a loan until it determines that the applicant has obtained all significant applicable federal, state, and local permits. The department shall determine which applicable federal, state, and local permits are significant. (i) The department shall establish and collect fees for applications for loans authorized by this section. The application fee shall be set at a level that is sufficient to fund the department’s cost of processing applications for loans. In addition, the department shall establish a schedule of fees or points for loans that are entered into by the department, to fund the department’s administration of the revolving loan program. (j) The department may expend money in the subaccount for the administration of the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. In addition, the department may expend money in the account to administer the revolving loan program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. However, funding for the administration of the revolving loan program from the account shall be provided only if there are not sufficient funds in the subaccount to fully fund the administration of the program. (k) The department, pursuant to subdivision (a) of Section 47901, may set aside funds for the purposes of paying costs necessary to protect the state’s position as a lender-creditor. These costs shall be broadly construed to include, but not be limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings. (l) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2021, and as of January 1, 2022, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2022, deletes or extends the date on which it becomes inoperative and is repealed. (2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. SEC. 2. Section 48705 of the Public Resources Code is amended to read: 48705. (a) On or before November 1, 2016, and each year thereafter, a manufacturer of architectural paint sold in this state shall, individually or through a representative stewardship organization, submit a report to the department describing its architectural paint recovery efforts. At a minimum, the report shall include all of the following: (1) The total volume of architectural paint sold in this state during the preceding fiscal year. (2) The total volume of postconsumer architectural paint recovered in this state during the preceding fiscal year. (3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state. (4) The total cost of implementing the architectural paint stewardship program. (5) An evaluation of how the architectural paint stewardship program’s funding mechanism operated. (6) An independent financial audit funded from the paint stewardship assessment. (7) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years. (b) The department shall review the annual report required pursuant to this section and within 90 days of receipt shall adopt a finding of compliance or noncompliance with this chapter.

(1) Existing law requires the Department of Resources Recycling and Recovery to develop a comprehensive market development plan that will stimulate market demand in the state for postconsumer waste material and secondary waste material generated in the state. Existing law authorizes a local governing body, as defined, to propose eligible property within its jurisdiction as a recycling market development zone, as defined, and authorizes the department to designate recycling market development zones. Existing law creates the Recycling Market Development Revolving Loan Subaccount and continuously appropriates the funds deposited in the subaccount to the department for making loans to local governing bodies, private businesses, and nonprofit entities within the recycling market development zones and in other specified areas for purposes of the Recycling Market Development Revolving Loan Program. Existing law makes these provisions inoperative on July 1, 2021. This bill would authorize the department to expend moneys in the subaccount to make payments to local governing bodies within recycling market development zones for services related to the promotion of the zone. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation. (2) The California Integrated Waste Management Act of 1989 requires a manufacturer of architectural paint or the designated stewardship organization to submit to the Department of Resources Recycling and Recovery an architectural paint stewardship plan to develop and implement a recovery program to manage the end of life of postconsumer architectural paint. A manufacturer is required to submit a report to the department by September 1 of each year, describing its paint recovery efforts. This bill would change the date when the report is due to November 1 of each year.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 42023.1 of the Public Resources Code is amended to read: 42023.1. (a) The Recycling Market Development Revolving Loan Subaccount is hereby created in the account for the purpose of providing loans for purposes of the Recycling Market Development Revolving Loan Program established pursuant to this article and for making payments pursuant to subdivision (g). (b) Notwithstanding Section 13340 of the Government Code, the funds deposited in the subaccount are hereby continuously appropriated to the department without regard to fiscal year for making loans pursuant to this article and for making payments pursuant to subdivision (g). (c) The department may expend interest earnings on funds in the subaccount for administrative expenses incurred in carrying out the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. (d) The money from loan repayments and fees, including, but not limited to, principal and interest repayments, fees and points, recovery of collection costs, income earned on an asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the subaccount. (e) All interest accruing on interest payments from loan applicants shall be deposited in the subaccount. (f) The department may expend the money in the subaccount to make loans to local governing bodies, private businesses, and nonprofit entities within recycling market development zones, or in areas outside zones where partnerships exist with other public entities to assist local jurisdictions to comply with Section 40051. (g) The department may expend the money in the subaccount to make payments to local governing bodies within a recycling market zone for services related to the promotion of the zone. The services may include, but are not limited to, training, outreach, development of written promotional materials, and technical analyses of feedstock availability. (h) The department shall not fund a loan until it determines that the applicant has obtained all significant applicable federal, state, and local permits. The department shall determine which applicable federal, state, and local permits are significant. (i) The department shall establish and collect fees for applications for loans authorized by this section. The application fee shall be set at a level that is sufficient to fund the department’s cost of processing applications for loans. In addition, the department shall establish a schedule of fees or points for loans that are entered into by the department, to fund the department’s administration of the revolving loan program. (j) The department may expend money in the subaccount for the administration of the Recycling Market Development Revolving Loan Program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. In addition, the department may expend money in the account to administer the revolving loan program, upon the appropriation of funds in the subaccount for that purpose in the annual Budget Act. However, funding for the administration of the revolving loan program from the account shall be provided only if there are not sufficient funds in the subaccount to fully fund the administration of the program. (k) The department, pursuant to subdivision (a) of Section 47901, may set aside funds for the purposes of paying costs necessary to protect the state’s position as a lender-creditor. These costs shall be broadly construed to include, but not be limited to, foreclosure expenses, auction fees, title searches, appraisals, real estate brokerage fees, attorney fees, mortgage payments, insurance payments, utility costs, repair costs, removal and storage costs for repossessed equipment and inventory, and additional expenditures to purchase a senior lien in foreclosure or bankruptcy proceedings. (l) (1) Except as provided in paragraph (2), this section shall become inoperative on July 1, 2021, and as of January 1, 2022, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2022, deletes or extends the date on which it becomes inoperative and is repealed. (2) The repeal of this section pursuant to paragraph (1) shall not extinguish any loan obligation or the authority of the state to pursue appropriate actions for the collection of a loan. SEC. 2. Section 48705 of the Public Resources Code is amended to read: 48705. (a) On or before November 1, 2016, and each year thereafter, a manufacturer of architectural paint sold in this state shall, individually or through a representative stewardship organization, submit a report to the department describing its architectural paint recovery efforts. At a minimum, the report shall include all of the following: (1) The total volume of architectural paint sold in this state during the preceding fiscal year. (2) The total volume of postconsumer architectural paint recovered in this state during the preceding fiscal year. (3) A description of methods used to collect, transport, and process postconsumer architectural paint in this state. (4) The total cost of implementing the architectural paint stewardship program. (5) An evaluation of how the architectural paint stewardship program’s funding mechanism operated. (6) An independent financial audit funded from the paint stewardship assessment. (7) Examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years. (b) The department shall review the annual report required pursuant to this section and within 90 days of receipt shall adopt a finding of compliance or noncompliance with this chapter. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 89036.5 is added to the Education Code, to read: 89036.5. (a) The purpose of this section is to establish standards for the use of personal services contracts. (b) The trustees may enter into personal services contracts to achieve cost savings when all the following conditions are met: (1) The trustees clearly demonstrate that the proposed contract will result in actual overall cost savings to the California State University, provided that: (A) In comparing costs, there shall be included the university’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the university’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by university employees. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing university costs that would be directly associated with the contracted function. These continuing costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut university pay rates. (3) The contract does not cause the displacement of university employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The contract does not adversely affect the university’s affirmative action efforts. (5) The savings shall be large enough to ensure that they will not be eliminated by private sector and university cost fluctuations that could normally be expected during the contracting period. (6) The amount of savings clearly justify the size and duration of the contracting agreement. (7) The contract is awarded through a publicized, competitive bidding process. (8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9) The potential for future economic risk to the university from potential contractor rate increases is minimal. (10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by university. (c) The trustees may also enter into personal services contracts when any of the following conditions can be met: (1) The contract is for a new university function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within the university, cannot be performed satisfactorily by university employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available from the university’s employees. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of university employees because of the need to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the university in the location where the services are to be performed. (7) The contractor will conduct training courses for which appropriately qualified university instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through the process for hiring university employees. (8) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring university employees would frustrate their very purpose. SECTION 1. Section 19130 of the Government Code is amended to read: 19130. The purpose of this article is to establish standards for the use of personal services contracts. (a)Personal services contracting is permissible to achieve cost savings when all the following conditions are met: (1)The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: (A)In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B)In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. (3)The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4)The contract does not adversely affect the state’s affirmative action efforts. (5)The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. (6)The amount of savings clearly justify the size and duration of the contracting agreement. (7)The contract is awarded through a publicized, competitive bidding process. (8)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9)The potential for future economic risk to the state from potential contractor rate increases is minimal. (10)The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11)The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. (b)Personal services contracting also shall be permissible when any of the following conditions can be met: (1)The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. (2)The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (3)The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. (4)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (5)The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6)The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. (7)State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. (8)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. (9)The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. (10)The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. (c)All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. (d)This article shall apply to the California State University. Any reference in this article to a contracting agency or a state agency shall include the California State University.

Existing law law, the State Civil Service Act, establishes standards for the use of personal services contracts by state agencies. Existing law The act provides that personal services contracting is permissible to achieve cost savings when certain conditions are met, including, but not limited to, that the contracting agency demonstrates that the proposed contract will result in actual overall cost savings to the state and that the contract will not cause the displacement of civil service employees. The act also authorizes state agencies to enter into personal services contracts for functions exempted from civil service. The California Constitution excludes the officers and employees of the California State University from the state civil service. This bill would make these provisions for the use of personal services contracts applicable to California State Universities. Existing law authorizes the trustees of the California State University to enter into agreements with any public or private agency, person, or institution for the furnishing of services, facilities, goods, supplies, or equipment, among others, and requires the trustees to prescribe policies and procedures for the acquisition of those services, facilities, materials, goods, supplies, or equipment. This bill would establish standards for the use of personal services contracts by the trustees of the California State University similar to those in the State Civil Service Act.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 89036.5 is added to the Education Code, to read: 89036.5. (a) The purpose of this section is to establish standards for the use of personal services contracts. (b) The trustees may enter into personal services contracts to achieve cost savings when all the following conditions are met: (1) The trustees clearly demonstrate that the proposed contract will result in actual overall cost savings to the California State University, provided that: (A) In comparing costs, there shall be included the university’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the university’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by university employees. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing university costs that would be directly associated with the contracted function. These continuing costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut university pay rates. (3) The contract does not cause the displacement of university employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The contract does not adversely affect the university’s affirmative action efforts. (5) The savings shall be large enough to ensure that they will not be eliminated by private sector and university cost fluctuations that could normally be expected during the contracting period. (6) The amount of savings clearly justify the size and duration of the contracting agreement. (7) The contract is awarded through a publicized, competitive bidding process. (8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9) The potential for future economic risk to the university from potential contractor rate increases is minimal. (10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by university. (c) The trustees may also enter into personal services contracts when any of the following conditions can be met: (1) The contract is for a new university function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within the university, cannot be performed satisfactorily by university employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available from the university’s employees. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of university employees because of the need to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the university in the location where the services are to be performed. (7) The contractor will conduct training courses for which appropriately qualified university instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through the process for hiring university employees. (8) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring university employees would frustrate their very purpose. SECTION 1. Section 19130 of the Government Code is amended to read: 19130. The purpose of this article is to establish standards for the use of personal services contracts. (a)Personal services contracting is permissible to achieve cost savings when all the following conditions are met: (1)The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: (A)In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B)In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C)In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2)Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. (3)The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4)The contract does not adversely affect the state’s affirmative action efforts. (5)The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. (6)The amount of savings clearly justify the size and duration of the contracting agreement. (7)The contract is awarded through a publicized, competitive bidding process. (8)The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9)The potential for future economic risk to the state from potential contractor rate increases is minimal. (10)The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11)The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. (b)Personal services contracting also shall be permissible when any of the following conditions can be met: (1)The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. (2)The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (3)The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. (4)The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (5)The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6)The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. (7)State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. (8)The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. (9)The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. (10)The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. (c)All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. (d)This article shall apply to the California State University. Any reference in this article to a contracting agency or a state agency shall include the California State University. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 8903

The people of the State of California do enact as follows: SECTION 1. Section 4073.5 is added to the Business and Professions Code, to read: 4073.5. (a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following: (1) The alternative biological product is interchangeable. (2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d). (b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: (1) An interoperable electronic medical records system. (2) An electronic prescribing technology. (3) A pharmacy benefit management system. (4) A pharmacy record. (c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. (d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: (1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (e) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. (1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. (2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. (f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist. (g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. (i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. (j) For purposes of this section, the following terms shall have the following meanings: (1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). (2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. (3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). (k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. (l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

The Pharmacy Law governs the practice of pharmacy in this state, including the permissible duties of licensed pharmacists. The Pharmacy Law authorizes a pharmacist filling a prescription order for a drug product prescribed by its trade or brand name to select another drug product with the same active chemical ingredients of the same strength, quantity, and dosage form, and of the same generic drug name as determined, as specified, of those drug products having the same active chemical ingredients. A knowing violation of the Pharmacy Law is a misdemeanor. This bill, except as specified, would authorize a pharmacist to select an alternative biological product when filling a prescription order for a prescribed biological product if the alternative biological product is interchangeable, as defined, and the prescriber does not personally indicate in a prescribed manner that a substitution is not to be made. The bill would require a pharmacist or a designee, within a specified period following the dispensing of a biological product, to make an electronically accessible entry in a described entry system of the specific biological product provided to the patient. The bill would provide an alternate means of communicating the name of the biological product dispensed to the prescriber if the pharmacy does not have access to one or more of the described entry systems. The bill would also require that the substitution of a biological product be communicated to the patient. The bill would prohibit a pharmacist from selecting an alternative biological product that meets the requirements of these provisions unless the cost to the patient of the alternative biological product selected is the same or less than the cost of the prescribed biological product. Because a knowing violation of these requirements would be a misdemeanor, the bill would create new crimes, thereby imposing a state-mandated local program. The bill would also require the California State Board of Pharmacy to maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4073.5 is added to the Business and Professions Code, to read: 4073.5. (a) A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following: (1) The alternative biological product is interchangeable. (2) The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d). (b) Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems: (1) An interoperable electronic medical records system. (2) An electronic prescribing technology. (3) A pharmacy benefit management system. (4) A pharmacy record. (c) Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber. (d) If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply: (1) There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed. (2) A refill prescription is not changed from the product dispensed on the prior filling of the prescription. (e) In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning. (1) This subdivision shall not prohibit a prescriber from checking a box on a prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark. (2) To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber. (f) Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist. (g) This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (h) When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient. (i) The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable. (j) For purposes of this section, the following terms shall have the following meanings: (1) “Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)). (2) “Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations. (3) “Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)). (k) This section shall not prohibit the administration of immunizations, as permitted in Sections 4052 and 4052.8. (l) This section shall not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1262.5 of the Health and Safety Code is amended to read: 1262.5. (a) Each hospital shall have a written discharge planning policy and process. (b) The policy required by subdivision (a) shall require that appropriate arrangements for posthospital care, including, but not limited to, care at home, in a skilled nursing or intermediate care facility, or from a hospice, are made prior to discharge for those patients who are likely to suffer adverse health consequences upon discharge if there is no adequate discharge planning. If the hospital determines that the patient and family members or interested persons need to be counseled to prepare them for posthospital care, the hospital shall provide for that counseling. (c) As part of the discharge planning process, the hospital shall provide each patient who has been admitted to the hospital as an inpatient with an opportunity to identify one family caregiver who may assist in posthospital care, and shall record this information in the patient’s medical chart. (A) In the event that the patient is unconscious or otherwise incapacitated upon admittance to the hospital, the hospital shall provide the patient or patient’s legal guardian with an opportunity to designate a caregiver within a specified time period, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient’s medical record. (B) In the event that the patient or legal guardian declines to designate a caregiver pursuant to this section, the hospital shall promptly document this declination in the patient’s medical record, when appropriate. (d) The policy required by subdivision (a) shall require that the patient’s designated family caregiver be notified of the patient’s discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician. If the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. The hospital shall promptly document the attempted notification in the patient’s medical record. (e) The process required by subdivision (a) shall require that the patient and family caregiver be informed of the continuing health care requirements following discharge from the hospital. The right to information regarding continuing health care requirements following discharge shall also apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient, if the patient is unable to make those decisions for himself or herself. The hospital shall provide an opportunity for the patient and his or her designated family caregiver to engage in the discharge planning process, which shall include providing information and, when appropriate, instruction regarding the posthospital care needs of the patient. This information shall include, but is not limited to, education and counseling about the patient’s medications, including dosing and proper use of medication delivery devices, when applicable. The information shall be provided in a culturally competent manner and in a language that is comprehensible to the patient and caregiver, consistent with the requirements of state and federal law, and shall include an opportunity for the caregiver to ask questions about the posthospital care needs of the patient. (f) (1) A transfer summary shall accompany the patient upon transfer to a skilled nursing or intermediate care facility or to the distinct part-skilled nursing or intermediate care service unit of the hospital. The transfer summary shall include essential information relative to the patient’s diagnosis, hospital course, pain treatment and management, medications, treatments, dietary requirement, rehabilitation potential, known allergies, and treatment plan, and shall be signed by the physician. (2) A copy of the transfer summary shall be given to the patient and the patient’s legal representative, if any, prior to transfer to a skilled nursing or intermediate care facility. (g) A hospital shall establish and implement a written policy to ensure that each patient receives, at the time of discharge, information regarding each medication dispensed, pursuant to Section 4074 of the Business and Professions Code. (h) A hospital shall provide every patient anticipated to be in need of long-term care at the time of discharge with contact information for at least one public or nonprofit agency or organization dedicated to providing information or referral services relating to community-based long-term care options in the patient’s county of residence and appropriate to the needs and characteristics of the patient. At a minimum, this information shall include contact information for the area agency on aging serving the patient’s county of residence, local independent living centers, or other information appropriate to the needs and characteristics of the patient. (i) A contract between a general acute care hospital and a health care service plan that is issued, amended, renewed, or delivered on or after January 1, 2002, may not contain a provision that prohibits or restricts any health care facility’s compliance with the requirements of this section. (j) Discharge planning policies adopted by a hospital in accordance with this section shall ensure that planning is appropriate to the condition of the patient being discharged from the hospital and to the discharge destination and meets the needs and acuity of patients. (k) This section does not require a hospital to do either of the following: (1) Adopt a policy that would delay discharge or transfer of a patient. (2) Disclose information if the patient has not provided consent that meets the standards required by state and federal laws governing the privacy and security of protected health information. (l) This section does not supersede or modify any privacy and information security requirements and protections in federal and state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (m) For the purposes of this section, “family caregiver” means a relative, friend, or neighbor who provides assistance related to an underlying physical or mental disability but who is unpaid for those services. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution.

Existing law requires the State Department of Public Health to license and regulate health facilities, defined to mean a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, as specified. Existing law requires hospitals, among other things, to have a written discharge planning policy and process that requires appropriate arrangements to be made for posthospital care. A violation of those provisions is a crime. This bill would require a hospital to take specified actions relating to family caregivers, including, among others, notifying the family caregiver of the patient’s discharge or transfer to another facility and providing information and counseling regarding the posthospital care needs of the patient, if the patient has consented to the disclosure of this information. By expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1262.5 of the Health and Safety Code is amended to read: 1262.5. (a) Each hospital shall have a written discharge planning policy and process. (b) The policy required by subdivision (a) shall require that appropriate arrangements for posthospital care, including, but not limited to, care at home, in a skilled nursing or intermediate care facility, or from a hospice, are made prior to discharge for those patients who are likely to suffer adverse health consequences upon discharge if there is no adequate discharge planning. If the hospital determines that the patient and family members or interested persons need to be counseled to prepare them for posthospital care, the hospital shall provide for that counseling. (c) As part of the discharge planning process, the hospital shall provide each patient who has been admitted to the hospital as an inpatient with an opportunity to identify one family caregiver who may assist in posthospital care, and shall record this information in the patient’s medical chart. (A) In the event that the patient is unconscious or otherwise incapacitated upon admittance to the hospital, the hospital shall provide the patient or patient’s legal guardian with an opportunity to designate a caregiver within a specified time period, at the discretion of the attending physician, following the patient’s recovery of consciousness or capacity. The hospital shall promptly document the attempt in the patient’s medical record. (B) In the event that the patient or legal guardian declines to designate a caregiver pursuant to this section, the hospital shall promptly document this declination in the patient’s medical record, when appropriate. (d) The policy required by subdivision (a) shall require that the patient’s designated family caregiver be notified of the patient’s discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient’s attending physician. If the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. The hospital shall promptly document the attempted notification in the patient’s medical record. (e) The process required by subdivision (a) shall require that the patient and family caregiver be informed of the continuing health care requirements following discharge from the hospital. The right to information regarding continuing health care requirements following discharge shall also apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient, if the patient is unable to make those decisions for himself or herself. The hospital shall provide an opportunity for the patient and his or her designated family caregiver to engage in the discharge planning process, which shall include providing information and, when appropriate, instruction regarding the posthospital care needs of the patient. This information shall include, but is not limited to, education and counseling about the patient’s medications, including dosing and proper use of medication delivery devices, when applicable. The information shall be provided in a culturally competent manner and in a language that is comprehensible to the patient and caregiver, consistent with the requirements of state and federal law, and shall include an opportunity for the caregiver to ask questions about the posthospital care needs of the patient. (f) (1) A transfer summary shall accompany the patient upon transfer to a skilled nursing or intermediate care facility or to the distinct part-skilled nursing or intermediate care service unit of the hospital. The transfer summary shall include essential information relative to the patient’s diagnosis, hospital course, pain treatment and management, medications, treatments, dietary requirement, rehabilitation potential, known allergies, and treatment plan, and shall be signed by the physician. (2) A copy of the transfer summary shall be given to the patient and the patient’s legal representative, if any, prior to transfer to a skilled nursing or intermediate care facility. (g) A hospital shall establish and implement a written policy to ensure that each patient receives, at the time of discharge, information regarding each medication dispensed, pursuant to Section 4074 of the Business and Professions Code. (h) A hospital shall provide every patient anticipated to be in need of long-term care at the time of discharge with contact information for at least one public or nonprofit agency or organization dedicated to providing information or referral services relating to community-based long-term care options in the patient’s county of residence and appropriate to the needs and characteristics of the patient. At a minimum, this information shall include contact information for the area agency on aging serving the patient’s county of residence, local independent living centers, or other information appropriate to the needs and characteristics of the patient. (i) A contract between a general acute care hospital and a health care service plan that is issued, amended, renewed, or delivered on or after January 1, 2002, may not contain a provision that prohibits or restricts any health care facility’s compliance with the requirements of this section. (j) Discharge planning policies adopted by a hospital in accordance with this section shall ensure that planning is appropriate to the condition of the patient being discharged from the hospital and to the discharge destination and meets the needs and acuity of patients. (k) This section does not require a hospital to do either of the following: (1) Adopt a policy that would delay discharge or transfer of a patient. (2) Disclose information if the patient has not provided consent that meets the standards required by state and federal laws governing the privacy and security of protected health information. (l) This section does not supersede or modify any privacy and information security requirements and protections in federal and state law regarding protected health information or personally identifiable information, including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg). (m) For the purposes of this section, “family caregiver” means a relative, friend, or neighbor who provides assistance related to an underlying physical or mental disability but who is unpaid for those services. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII 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 B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 502.01 of the Penal Code is amended to read: 502.01. (a) As used in this section: (1) “Property subject to forfeiture” means any property of the defendant that is illegal telecommunications equipment as defined in subdivision (g) of Section 502.8, or a computer, computer system, or computer network, and any software or data residing thereon, if the telecommunications device, computer, computer system, or computer network was used in committing a violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was used as a repository for the storage of software or data obtained in violation of those provisions. Forfeiture shall not be available for any property used solely in the commission of an infraction. If the defendant is a minor, it also includes property of the parent or guardian of the defendant. (2) “Sentencing court” means the court sentencing a person found guilty of violating or conspiring to commit a violation of subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdi0 1em 0;">(b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing. (c) (1) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. (2) A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and shall send a copy of the motion to the prosecuting agency and to the probation department. (3) If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for a violation. (d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply: (1) The court shall determine the value of the property. (2) The court shall determine the value of each valid interest in the property. (3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor. (1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing. (2) The computer or telecommunications device shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer or telecommunications device owned by the parent or guardian for two years after the date on which the minor is sentenced. (3) If the minor is convicted of a violation of Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within two years after the date on which the minor is sentenced, and the violation involves a computer or telecommunications device owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2). (4) Notwithstanding paragraph (1), (2), or (3), or any other provision of this chapter, if a minor’s parent or guardian makes full restitution to the victim of a crime enumerated in this chapter in an amount or manner determined by the court, the forfeiture provisions of this chapter do not apply to the property of that parent or guardian if the property was located in the family’s primary residence during the commission of the crime. (f) Notwithstanding any other provision of this chapter, the court may exercise its discretion to deny forfeiture where the court finds that the convicted defendant, or minor adjudicated to come within the jurisdiction of the juvenile court, is not likely to use the property otherwise subject to forfeiture for future illegal acts. (g) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows: (1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution. (2) Second, at the discretion of the court, to one or more of the following agencies or entities: (A) The prosecuting agency. (B) The public entity of which the prosecuting agency is a part. (C) The public entity whose officers or employees conducted the investigation resulting in forfeiture. (D) Other state and local public entities, including school districts. (E) Nonprofit charitable organizations. (h) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows: (1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person. (2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (g). SEC. 2. Section 647.8 is added to the Penal Code, to read: 647.8. (a) Matter that is obtained or distributed in violation of subdivision (j) of Section 647 and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to this section. (b) An action to forfeit matter described in subdivision (a) may be brought by the Attorney General, the district attorney, county counsel, or the city attorney. Proceedings shall be initiated by a petition of forfeiture filed in the superior court of the county in which the matter is located. (c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of his or her claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the property seized is required to be filed. (d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, county counsel, or city attorney, as appropriate. (2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with subdivision (c). (e) The burden is on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section. (f) It is not necessary to seek or obtain a criminal conviction prior to the entry of an order for the destruction of matter pursuant to this section. Any matter described in subdivision (a) that is in the possession of any city, county, city and county, or state official or agency, including found property, or property obtained as the result of a case in which no trial was had or that has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered destroyed. (g) A court order for destruction of matter described in subdivision (a) may be carried out by a police or sheriff’s department or by the Department of Justice. The court order shall specify the agency responsible for the destruction. (h) As used in this section, “matter” means any picture, photograph, image, motion picture, video tape, film, filmstrip, negative, slide, photocopy, or other pictorial representation, recording, or electrical reproduction. “Matter” also means any data storage media that contains the image at issue, but does not include the computer, camera, telecommunication or electronic device, unless the matter consists solely of electronic information stored on a device that cannot be altered or erased. (i) Prior for granting an order for destruction of matter pursuant to this section, the court may require the petitioner to demonstrate that the petition covers no more property than necessary to remove possession of the offending matter. (j) It is a defense in any forfeiture proceeding that the matter seized was lawfully possessed in aid of legitimate scientific or educational purposes.

Existing law provides that a person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct, a misdemeanor. Under existing law, matter that depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined, and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to a petition for forfeiture brought in the county in which the matter is located. Existing law provides for forfeiture by a defendant of illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data that was used in committing specified crimes, including depiction of a person under 18 years of age personally engaging in or personally simulating sexual conduct. This bill would make the forfeiture provisions described above applicable to illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data, when used in committing a violation of disorderly conduct related to invasion of privacy, as specified. The bill would also establish forfeiture proceedings for matter obtained through disorderly conduct by invasion of privacy, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 502.01 of the Penal Code is amended to read: 502.01. (a) As used in this section: (1) “Property subject to forfeiture” means any property of the defendant that is illegal telecommunications equipment as defined in subdivision (g) of Section 502.8, or a computer, computer system, or computer network, and any software or data residing thereon, if the telecommunications device, computer, computer system, or computer network was used in committing a violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was used as a repository for the storage of software or data obtained in violation of those provisions. Forfeiture shall not be available for any property used solely in the commission of an infraction. If the defendant is a minor, it also includes property of the parent or guardian of the defendant. (2) “Sentencing court” means the court sentencing a person found guilty of violating or conspiring to commit a violation of subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdi0 1em 0;">(b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing. (c) (1) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. (2) A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and shall send a copy of the motion to the prosecuting agency and to the probation department. (3) If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for a violation. (d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply: (1) The court shall determine the value of the property. (2) The court shall determine the value of each valid interest in the property. (3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor. (1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing. (2) The computer or telecommunications device shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer or telecommunications device owned by the parent or guardian for two years after the date on which the minor is sentenced. (3) If the minor is convicted of a violation of Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within two years after the date on which the minor is sentenced, and the violation involves a computer or telecommunications device owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2). (4) Notwithstanding paragraph (1), (2), or (3), or any other provision of this chapter, if a minor’s parent or guardian makes full restitution to the victim of a crime enumerated in this chapter in an amount or manner determined by the court, the forfeiture provisions of this chapter do not apply to the property of that parent or guardian if the property was located in the family’s primary residence during the commission of the crime. (f) Notwithstanding any other provision of this chapter, the court may exercise its discretion to deny forfeiture where the court finds that the convicted defendant, or minor adjudicated to come within the jurisdiction of the juvenile court, is not likely to use the property otherwise subject to forfeiture for future illegal acts. (g) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows: (1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution. (2) Second, at the discretion of the court, to one or more of the following agencies or entities: (A) The prosecuting agency. (B) The public entity of which the prosecuting agency is a part. (C) The public entity whose officers or employees conducted the investigation resulting in forfeiture. (D) Other state and local public entities, including school districts. (E) Nonprofit charitable organizations. (h) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows: (1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person. (2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (g). SEC. 2. Section 647.8 is added to the Penal Code, to read: 647.8. (a) Matter that is obtained or distributed in violation of subdivision (j) of Section 647 and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to this section. (b) An action to forfeit matter described in subdivision (a) may be brought by the Attorney General, the district attorney, county counsel, or the city attorney. Proceedings shall be initiated by a petition of forfeiture filed in the superior court of the county in which the matter is located. (c) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of his or her claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the property seized is required to be filed. (d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, county counsel, or city attorney, as appropriate. (2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with subdivision (c). (e) The burden is on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section. (f) It is not necessary to seek or obtain a criminal conviction prior to the entry of an order for the destruction of matter pursuant to this section. Any matter described in subdivision (a) that is in the possession of any city, county, city and county, or state official or agency, including found property, or property obtained as the result of a case in which no trial was had or that has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered destroyed. (g) A court order for destruction of matter described in subdivision (a) may be carried out by a police or sheriff’s department or by the Department of Justice. The court order shall specify the agency responsible for the destruction. (h) As used in this section, “matter” means any picture, photograph, image, motion picture, video tape, film, filmstrip, negative, slide, photocopy, or other pictorial representation, recording, or electrical reproduction. “Matter” also means any data storage media that contains the image at issue, but does not include the computer, camera, telecommunication or electronic device, unless the matter consists solely of electronic information stored on a device that cannot be altered or erased. (i) Prior for granting an order for destruction of matter pursuant to this section, the court may require the petitioner to demonstrate that the petition covers no more property than necessary to remove possession of the offending matter. (j) It is a defense in any forfeiture proceeding that the matter seized was lawfully possessed in aid of legitimate scientific or educational purposes. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 71621 is added to the Government Code, to read: 71621. The purpose of this section is to establish standards for when a trial court intends to enter into a contract for any services that are currently or have been customarily performed by that trial court’s employees. (a) Contracts for services that are currently or customarily performed by a trial court’s employees are permissible to achieve cost savings in that trial court when all of the following conditions are met: (1) The trial court clearly demonstrates that the proposed contract will result in actual overall cost savings to the trial court, provided that: (A) In comparing costs, there shall be included the trial court’s additional costs of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the costs of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the trial court’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the trial court. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the costs of a contractor providing a service any continuing trial court costs that would be directly associated with the contracted function. These continuing trial court costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Contracts shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut trial court pay rates. (3) The contract does not cause the displacement of trial court employees. The term “displacement” includes layoff, demotion, loss of employment or employment seniority, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and trial court cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justifies the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the trial court from potential contractor rate increases is minimal. (9) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting out is not outweighed by the public’s interest in having a particular function performed directly by the trial court. (11) The contract shall also comply with any additional requirements imposed by the Judicial Branch Contracting Manual adopted pursuant to Section 19206 of the Public Contract Code to the extent those requirements are applicable to the contract. (b) This section does not preclude a trial court or the Judicial Council from adopting more restrictive rules regarding the contracting of court services. (c) Contracting shall also be permissible when any of the following conditions can be met: (1) The contract is for a new trial court function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The contract is between a trial court and another trial court or government entity for services to be performed by employees of the other trial court or employees of the government entity. (3) The services contracted for cannot be satisfactorily performed by trial court employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability cannot be obtained from the court’s trial court employees. (4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts described in this paragraph, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. Service agreements do not include contracts to operate equipment or computers for purposes other than service or maintenance. (5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of trial court employees because of the need to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for an independent, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. (7) The contractor will conduct training courses for which appropriately qualified trial court employee instructors are not available from the court, provided that permanent instructor positions shall be filled through the process for hiring trial court employees. (8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the trial court in the location where the services are to be performed. This paragraph shall not apply to services contracted in order to open closed courthouses if those services were performed by trial court employees before the closure or for the ongoing operation of new or reopened courthouses. (9) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring trial court employees would frustrate their very purpose. This paragraph shall not apply to the services of official court reporters, except individual official reporters pro tempore may be used by a trial court when the criteria of this paragraph are met. (10) The contract is a personal services contract developed pursuant to rehabilitation programs in accordance with Sections 19403 and 19404 of the Welfare and Institutions Code, pursuant to habilitation programs in accordance with Chapter 13 (commencing with Section 4850) of Division 4.5 of the Welfare and Institutions Code, or pursuant to a program vendored or contracted through a regional center or the State Department of Developmental Services in accordance with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), and the contract will not cause an existing trial court employee to incur a loss of his or her employment or employment seniority; a reduction in wages, benefits, or hours; or an involuntary transfer to a new location requiring a change in residence. (11) The contract is for the services of any court interpreter. Contracts for the services of any court interpreter, and restrictions on contracting out interpreter services, shall be governed by the Trial Court Interpreter Employment and Labor Relations Act (Chapter 7.5 (commencing with Section 71800)) and any memorandum of understanding or agreement entered into pursuant to that act, or by the other provisions of this chapter, the Trial Court Employment Protection and Governance Act, and any memorandum of understanding or agreement entered into pursuant to that act, as applicable. (12) The contract is for services provided to a court by a traffic assistance program, as provided in Section 11205.2 of the Vehicle Code. SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

The Trial Court Employment Protection and Governance Act establishes a trial court employee personnel system that provides authority to hire trial court personnel, regulates the classification and compensation of trial court employees, labor relations, and personnel files, and requires each trial court to establish a system of employment selection and advancement and an employment protection system. Existing law authorizes state agencies to use personal services contracts to achieve cost savings if specified standards are satisfied, including, among other things, the contract does not cause the displacement of civil service employees and the contract is awarded through a publicized, competitive bidding process. The State Personnel Board is required to review a proposed contract upon the request of an employee organization for compliance with those standards. This bill would establish specified standards if a trial court intends to enter into a contract for any services that are currently or customarily performed by that trial court’s employees. Among other things, the bill would require the trial court to clearly demonstrate that the proposed contract will result in actual overall cost savings to the trial court. The bill would provide that those standards do not apply to a contract under certain circumstances, including, among others, when the services are incidental to a contract for the purchase or lease of real or personal property. This bill would provide that its provisions are severable.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 71621 is added to the Government Code, to read: 71621. The purpose of this section is to establish standards for when a trial court intends to enter into a contract for any services that are currently or have been customarily performed by that trial court’s employees. (a) Contracts for services that are currently or customarily performed by a trial court’s employees are permissible to achieve cost savings in that trial court when all of the following conditions are met: (1) The trial court clearly demonstrates that the proposed contract will result in actual overall cost savings to the trial court, provided that: (A) In comparing costs, there shall be included the trial court’s additional costs of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the costs of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the trial court’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the trial court. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the costs of a contractor providing a service any continuing trial court costs that would be directly associated with the contracted function. These continuing trial court costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Contracts shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut trial court pay rates. (3) The contract does not cause the displacement of trial court employees. The term “displacement” includes layoff, demotion, loss of employment or employment seniority, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and trial court cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justifies the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the trial court from potential contractor rate increases is minimal. (9) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting out is not outweighed by the public’s interest in having a particular function performed directly by the trial court. (11) The contract shall also comply with any additional requirements imposed by the Judicial Branch Contracting Manual adopted pursuant to Section 19206 of the Public Contract Code to the extent those requirements are applicable to the contract. (b) This section does not preclude a trial court or the Judicial Council from adopting more restrictive rules regarding the contracting of court services. (c) Contracting shall also be permissible when any of the following conditions can be met: (1) The contract is for a new trial court function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The contract is between a trial court and another trial court or government entity for services to be performed by employees of the other trial court or employees of the government entity. (3) The services contracted for cannot be satisfactorily performed by trial court employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability cannot be obtained from the court’s trial court employees. (4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts described in this paragraph, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. Service agreements do not include contracts to operate equipment or computers for purposes other than service or maintenance. (5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of trial court employees because of the need to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for an independent, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6) Due to an emergency, a contract is necessary for the immediate preservation of the public health, welfare, or safety. (7) The contractor will conduct training courses for which appropriately qualified trial court employee instructors are not available from the court, provided that permanent instructor positions shall be filled through the process for hiring trial court employees. (8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the trial court in the location where the services are to be performed. This paragraph shall not apply to services contracted in order to open closed courthouses if those services were performed by trial court employees before the closure or for the ongoing operation of new or reopened courthouses. (9) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation through the process for hiring trial court employees would frustrate their very purpose. This paragraph shall not apply to the services of official court reporters, except individual official reporters pro tempore may be used by a trial court when the criteria of this paragraph are met. (10) The contract is a personal services contract developed pursuant to rehabilitation programs in accordance with Sections 19403 and 19404 of the Welfare and Institutions Code, pursuant to habilitation programs in accordance with Chapter 13 (commencing with Section 4850) of Division 4.5 of the Welfare and Institutions Code, or pursuant to a program vendored or contracted through a regional center or the State Department of Developmental Services in accordance with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), and the contract will not cause an existing trial court employee to incur a loss of his or her employment or employment seniority; a reduction in wages, benefits, or hours; or an involuntary transfer to a new location requiring a change in residence. (11) The contract is for the services of any court interpreter. Contracts for the services of any court interpreter, and restrictions on contracting out interpreter services, shall be governed by the Trial Court Interpreter Employment and Labor Relations Act (Chapter 7.5 (commencing with Section 71800)) and any memorandum of understanding or agreement entered into pursuant to that act, or by the other provisions of this chapter, the Trial Court Employment Protection and Governance Act, and any memorandum of understanding or agreement entered into pursuant to that act, as applicable. (12) The contract is for services provided to a court by a traffic assistance program, as provided in Section 11205.2 of the Vehicle Code. SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 23151 of the Revenue and Taxation Code is amended to read: 23151. (a) With the exception of banks and financial corporations, every corporation doing business within the limits of this state and not expressly exempted from taxation by the provisions of the Constitution of this state or by this part, shall annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, to be computed at the rate of 7.6 percent upon the basis of its net income for the next preceding income year, or if greater, the minimum tax specified in Section 23153. (b) For calendar or fiscal years ending after June 30, 1973, the rate of tax shall be 9 percent instead of 7.6 percent as provided by subdivision (a). (c) For calendar or fiscal years ending in 1980 to 1986, inclusive, the rate of tax shall be 9.6 percent. (d) For calendar or fiscal years ending in 1987 to 1996, inclusive, and for any income year beginning before January 1, 1997, the tax rate shall be 9.3 percent. (e) For any income year beginning on or after January 1, 1997, the tax rate shall be 8.84 percent. The change in rate provided in this subdivision shall be made without proration otherwise required by Section 24251. (f) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following: (A) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153. (B) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153. (2) Except as provided in paragraph (1), (1) and subdivision (g), for taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153. (g) (1) For taxable years beginning on or after January 1, 2015, the tax imposed under this section upon a publicly held corporation, as defined in Section 162(m)(2) of the Internal Revenue Code, relating to publicly held corporation, shall be a tax according to or measured by net income, to be computed at the applicable tax rate upon the basis of the net income for that taxable year, as determined by paragraph (2), but not less than the minimum tax specified in Section 23153. (2) The applicable tax rate shall be determined as follows: If the compensation ratio is: The applicable tax rate is: Over zero but not over 25 7% upon the basis of net income Over 25 but not over 50 7.5% upon the basis of net income Over 50 but not over 100 8% upon the basis of net income Over 100 but not over 150 9% upon the basis of net income Over 150 but not over 200 9.5% upon the basis of net income Over 200 but not over 250 10% upon the basis of net income Over 250 but not over 300 11% upon the basis of net income Over 300 but not over 400 12% upon the basis of net income Over 400 13% upon the basis of net income (3) For purposes of this subdivision: (A) “Client employer” means an individual or entity that receives workers to perform labor or services within the usual course of business of the individual or entity from a labor contractor. (B) (i) “Compensation,” in the case of employees of the taxpayer, other than the chief operating officer or the highest paid employee, means wages as defined in Section 3121(a) of the Internal Revenue Code, relating to wages, paid by the taxpayer during a calendar year to employees of the taxpayer. (ii) “Compensation,” in the case of the chief operating officer or the highest paid employee of the taxpayer, means total compensation as reported in the Summary Compensation Table reported to the United States Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. (C) (i) “Compensation ratio” for a taxable year means a ratio where the numerator is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year and the denominator is the amount equal to the median compensation of all employees employed by the taxpayer, including all contracted employees under contract with the taxpayer, in the United States for the calendar year preceding the beginning of the taxable year. (ii) For taxpayers that are required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the calculation of the ratio in clause (i) shall be made by treating all taxpayers that are required to be or authorized to be included in a combined report as a single taxpayer. (D) “Contracted employee” means an employee who works for a labor contractor. (E) “Labor contractor” means an individual or entity that contracts with a client employer to supply workers to perform labor or services or otherwise provides workers to perform labor or services within the usual course of business for the client employer. (4) A taxpayer subject to this subdivision shall furnish a detailed compensation report to the Franchise Tax Board with its timely filed original return. (5) (A) If the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year and the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business in this state during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero. (B) For purposes of this paragraph: (i) “Annual full-time equivalent” means either of the following: (I) In the case of a full-time employee paid hourly qualified wages, “annual full-time equivalent” means the total number of hours worked for the qualified taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000. (II) In the case of a salaried full-time employee, “annual full-time equivalent” means the total number of weeks worked for the qualified taxpayer by the employee divided by 52. (ii) “Foreign full-time employee” means a full-time employee of the taxpayer that is employed at a location other than the United States. (iii) “Full-time employee” means an employee of the taxpayer that satisfies either of the following requirements: (I) Is paid compensation by the taxpayer for services of not less than an average of 30 hours per week. (II) Is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment, within the meaning of Section 515 of the Labor Code. (6) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this subdivision, including any guidelines regarding the determination of wages, average compensation, and compensation ratio. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this subdivision. SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

The Corporation Tax Law imposes taxes according to or measured by net income at a rate of 8.84%, or for financial institutions, at a rate of 10.84%, as specified. This bill would, for taxable years beginning on and after January 1, 2015, revise that rate for taxpayers that are publicly held corporations, as defined, and instead impose an applicable tax rate from 7% to 13%, or for financial institutions, from 9% to 15%, based on the compensation ratio, as defined, of the corporation. This bill would increase the applicable tax rate by 50% for those taxpayers that have a specified decrease in full-time employees employed in the United States as compared to an increase in contracted and foreign full-time employees, as described. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23151 of the Revenue and Taxation Code is amended to read: 23151. (a) With the exception of banks and financial corporations, every corporation doing business within the limits of this state and not expressly exempted from taxation by the provisions of the Constitution of this state or by this part, shall annually pay to the state, for the privilege of exercising its corporate franchises within this state, a tax according to or measured by its net income, to be computed at the rate of 7.6 percent upon the basis of its net income for the next preceding income year, or if greater, the minimum tax specified in Section 23153. (b) For calendar or fiscal years ending after June 30, 1973, the rate of tax shall be 9 percent instead of 7.6 percent as provided by subdivision (a). (c) For calendar or fiscal years ending in 1980 to 1986, inclusive, the rate of tax shall be 9.6 percent. (d) For calendar or fiscal years ending in 1987 to 1996, inclusive, and for any income year beginning before January 1, 1997, the tax rate shall be 9.3 percent. (e) For any income year beginning on or after January 1, 1997, the tax rate shall be 8.84 percent. The change in rate provided in this subdivision shall be made without proration otherwise required by Section 24251. (f) (1) For the first taxable year beginning on or after January 1, 2000, the tax imposed under this section shall be the sum of both of the following: (A) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the next preceding income year, but not less than the minimum tax specified in Section 23153. (B) A tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for the first taxable year beginning on or after January 1, 2000, but not less than the minimum tax specified in Section 23153. (2) Except as provided in paragraph (1), (1) and subdivision (g), for taxable years beginning on or after January 1, 2000, the tax imposed under this section shall be a tax according to or measured by net income, to be computed at the rate of 8.84 percent upon the basis of the net income for that taxable year, but not less than the minimum tax specified in Section 23153. (g) (1) For taxable years beginning on or after January 1, 2015, the tax imposed under this section upon a publicly held corporation, as defined in Section 162(m)(2) of the Internal Revenue Code, relating to publicly held corporation, shall be a tax according to or measured by net income, to be computed at the applicable tax rate upon the basis of the net income for that taxable year, as determined by paragraph (2), but not less than the minimum tax specified in Section 23153. (2) The applicable tax rate shall be determined as follows: If the compensation ratio is: The applicable tax rate is: Over zero but not over 25 7% upon the basis of net income Over 25 but not over 50 7.5% upon the basis of net income Over 50 but not over 100 8% upon the basis of net income Over 100 but not over 150 9% upon the basis of net income Over 150 but not over 200 9.5% upon the basis of net income Over 200 but not over 250 10% upon the basis of net income Over 250 but not over 300 11% upon the basis of net income Over 300 but not over 400 12% upon the basis of net income Over 400 13% upon the basis of net income (3) For purposes of this subdivision: (A) “Client employer” means an individual or entity that receives workers to perform labor or services within the usual course of business of the individual or entity from a labor contractor. (B) (i) “Compensation,” in the case of employees of the taxpayer, other than the chief operating officer or the highest paid employee, means wages as defined in Section 3121(a) of the Internal Revenue Code, relating to wages, paid by the taxpayer during a calendar year to employees of the taxpayer. (ii) “Compensation,” in the case of the chief operating officer or the highest paid employee of the taxpayer, means total compensation as reported in the Summary Compensation Table reported to the United States Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. (C) (i) “Compensation ratio” for a taxable year means a ratio where the numerator is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year and the denominator is the amount equal to the median compensation of all employees employed by the taxpayer, including all contracted employees under contract with the taxpayer, in the United States for the calendar year preceding the beginning of the taxable year. (ii) For taxpayers that are required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the calculation of the ratio in clause (i) shall be made by treating all taxpayers that are required to be or authorized to be included in a combined report as a single taxpayer. (D) “Contracted employee” means an employee who works for a labor contractor. (E) “Labor contractor” means an individual or entity that contracts with a client employer to supply workers to perform labor or services or otherwise provides workers to perform labor or services within the usual course of business for the client employer. (4) A taxpayer subject to this subdivision shall furnish a detailed compensation report to the Franchise Tax Board with its timely filed original return. (5) (A) If the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year and the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business in this state during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero. (B) For purposes of this paragraph: (i) “Annual full-time equivalent” means either of the following: (I) In the case of a full-time employee paid hourly qualified wages, “annual full-time equivalent” means the total number of hours worked for the qualified taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000. (II) In the case of a salaried full-time employee, “annual full-time equivalent” means the total number of weeks worked for the qualified taxpayer by the employee divided by 52. (ii) “Foreign full-time employee” means a full-time employee of the taxpayer that is employed at a location other than the United States. (iii) “Full-time employee” means an employee of the taxpayer that satisfies either of the following requirements: (I) Is paid compensation by the taxpayer for services of not less than an average of 30 hours per week. (II) Is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment, within the meaning of Section 515 of the Labor Code. (6) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this subdivision, including any guidelines regarding the determination of wages, average compensation, and compensation ratio. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this subdivision. SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California has enacted numerous policies to reduce emissions of greenhouse gases and to increase the use of renewable energy resources and renewable fuels, including the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), the low carbon fuel standard (Executive Order S-01-07 (January 19, 2007); Title 17 California Code of Regulations Sections 95480 to 95490, inclusive), and the state’s comprehensive strategy to reduce emissions of short-lived climate pollutants (Section 39730 of the Health and Safety Code). (b) Use of natural gas causes more than one-quarter of all emissions of greenhouse gases in California. Wildfires cause more than one-half of all black carbon emissions, and organic waste is responsible for three of the state’s five largest sources of methane emissions. (c) Capturing and using methane gas from renewable sources (renewable gas) can significantly reduce emissions of greenhouse gases from fossil fuel use, organic waste, wildfires, and petroleum-based fertilizers. Using renewable gas in place of just 10 percent of California’s fossil fuel derived gas supply would reduce emissions of greenhouse gases by tens of millions of metric tons of carbon dioxide equivalent emissions per year. Renewable gas generated from organic waste provides the lowest carbon transportation fuels in existence and can provide low carbon, flexible fuel for the generation of electricity. (d) Increasing use of renewable gas in California will protect disadvantaged communities by reducing air and water pollution from fossil fuel refining and combustion. Renewable gas used in place of diesel in heavy-duty vehicles will protect public health by reducing toxic air contaminants. (e) Renewable gas provides significant economic benefits to California, including job creation, an in-state source of gas, increased energy security, revenue and energy for public agencies, and revenue for dairies, farms, rural forest communities, and other areas. (f) It is in the interest of the state to establish a renewable gas standard that will diversify and decarbonize California’s gas supply, to provide lower carbon gas for electricity generation, transportation fuels, heating, and industrial purposes. (g) A renewable gas standard will reduce emissions of greenhouse gases from the oil and gas sector and from the solid waste, food and agriculture, water and wastewater, and forestry sectors. It will increase in-state gas supplies and provide jobs and increased energy security for California. (h) A renewable gas standard will help California to meet the waste diversion requirements of Section 41781.3, Article 1 (commencing with Section 41780) of Chapter 6 of Part 2 of, and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of, Division 30 of the Public Resources Code, by using diverted organic waste to produce renewable gas. SEC. 2. Section 39735 is added to the Health and Safety Code, to read: 39735. (a) For purposes of this section, the following terms have the following meanings: (1) “Biogas” means gas that is generated from organic waste or other organic materials, through anaerobic digestion, gasification, pyrolysis, or other technology that converts organic waste to gas. Biogas may be produced from, but not limited to, any of the following sources: (A) Agricultural waste remaining after all reasonably usable food content is extracted. (B) Forest waste produced from sustainable forest management practices. (C) Landfill gas. (D) Wastewater treatment gas and biosolids. (E) Diverted organic waste, if the waste is separated and processed to (i) enhance the recovery of recyclable materials and (ii) minimize air emissions and residual wastes in accordance with applicable standards. (2) “Eligible feedstock” means organic waste or other sustainably produced organic material and electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (3) “Gas seller” means a gas corporation, as defined by Section 222 of the Public Utilities Code, or another entity authorized to sell natural gas pursuant to natural gas restructuring (Chapter 2.2 (commencing with Section 328) of Part 1 of Division 1 of the Public Utilities Code), including sales to core and noncore customers pursuant to natural gas restructuring. (4) “Renewable gas” means gas that is generated from organic waste or other renewable sources, including electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). Renewable gas includes biogas and synthetic natural gas generated from an eligible feedstock. (5) “Renewable gas standard” means the quantity of renewable gas that a gas seller is required to provide to retail end-use customers for use in California for each compliance period set forth in subdivision (b). (b) (1) On or before June 30, 2016, 2017, the state board, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall adopt a carbon-based renewable gas standard that requires all gas sellers to provide specified percentages of renewable gas to retail end-use customers for use in California. Each gas seller shall procure a minimum quantity of renewable gas for each of the following compliance periods: (A) January 1, 2016, June 30, 2017, to December 31, 2019, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 1 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (B) January 1, 2020, to December 31, 2022, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 3 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (C) January 1, 2023, to December 31, 2024, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 5 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (D) January 1, 2025, to December 31, 2029, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (E) January 1, 2030, and thereafter. The state board shall require a gas seller to ensure that not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (2) Gas sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. (c) Only renewable gas that meets any of the following conditions shall count toward meeting the procurement requirements of the renewable gas standard: (1) The renewable gas is used onsite by an end-use customer in California. (2) The renewable gas is used by an end-use customer in California and delivered through a dedicated pipeline. (3) The renewable gas is delivered to end-use customers in California through a common carrier pipeline and meets all of the following requirements: (A) The source of renewable gas injects the renewable gas into a common carrier pipeline that physically flows within California or toward the end-use customers for which the renewable gas was procured under the purchase contract. (B) The source of renewable gas did not inject the renewable gas into a common carrier pipeline prior to March 29, 2012, or the source commenced injection of sufficient incremental quantities of renewable gas after March 29, 2012, to satisfy the purchase contract requirements. (C) The seller or purchaser of the renewable gas demonstrates that the capture and injection of renewable gas into a common carrier pipeline directly results in at least one of the following environmental benefits to California: (i) The reduction or avoidance of the emission of any criteria air pollutant in California. (ii) The reduction or avoidance of pollutants that could have an adverse impact on waters of the state. (iii) The alleviation of a local nuisance within California that is associated with the emission of odors. (d) In adopting the renewable gas standard, the state board shall do all of the following: (1) Notify all gas sellers in California of, and how to comply with, the renewable gas standard procurement requirements. The State Board of Equalization may supply the state board with information obtained as a result of its collection of the natural gas surcharge pursuant to Article 10 (commencing with Section 890) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to assist the state board in identifying those gas sellers that are not gas corporations, as defined in Section 222 of the Public Utilities Code. The Public Utilities Commission shall notify the state board of each gas corporation that provides gas service to end-use customers in California. (2) Maintain and publicize a list of eligible renewable gas providers. For these purposes, an eligible renewable gas provider means any person or corporation that is able to supply renewable gas meeting the deliverability requirements of subdivision (c). (3) Adopt a flexible compliance mechanism, such as tradable renewable gas credits, to increase market flexibility and reduce costs of compliance. If the state board adopts tradable renewable gas credits, those credits shall be based on the carbon intensity of the renewable gas and shall give equal value to renewable gas that is used onsite and renewable gas that is injected into a common carrier pipeline. The flexible compliance mechanism shall also allow for credit banking and borrowing. The state board shall consult with the State Energy Resources Conservation and Development Commission in developing any system for tradable renewable gas credits. (4) The state board shall consult with the Public Utilities Commission in the development of regulations to implement the renewable gas standard as they affect gas corporations, subject to regulation as public utilities by the commission, in order to minimize duplicative reporting or regulatory requirements. (5) In consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, adopt a coordinated investment plan to ensure that moneys made available from revenues derived through adoption of a market-based compliance mechanism or through the Alternative and Renewable Fuel and Vehicle Technology Program or Air Quality Improvement Program, are used to reduce the costs to implement the renewable gas standard, including the costs of pipeline injection. (e) The state board shall waive enforcement of this section if it finds that the gas seller has demonstrated either of the following conditions are beyond the control of the gas seller and will prevent compliance: (1) Permitting or other circumstances that delay renewable gas projects, or there is an insufficient supply of renewable gas resources available to the gas seller. In making a finding that this condition prevents timely compliance, the state board shall consider whether the gas seller has done all of the following: (A) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. (B) Sought to develop its own renewable gas resources, pipelines, or pipeline interconnections to secure renewable gas resources. (C) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables gas standard to compensate for foreseeable delays or insufficient supply. (D) Taken reasonable measures, under the control of the gas seller, to procure allowable tradable renewable gas credits. (2) There is a disproportionate impact on commodity rates. The state board, in consultation with the Public Utilities Commission, shall establish a limitation for each gas seller on the expenditures for all renewable gas used to comply with the renewable gas standard. This limitation shall be set at a level that prevents disproportionate commodity rate impacts. In determining whether commodity rate impacts are disproportionate, the state board may consider the extent to which procurement required under this section results in a reduction in compliance costs for any other state obligation and may consider the availability of other incentives and credits that reduce the costs to ratepayers and noncore customers. If the cost limitation is insufficient to support the projected costs of meeting the renewable gas standard requirements, the gas seller may refrain from procuring quantities in excess of those that can be procured within the limitation. (f) (1) If the state board waives any compliance requirements of this section, the state board shall establish additional reporting requirements on the gas seller to demonstrate that all reasonable actions under the control of the gas seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. (2) The board shall not waive enforcement pursuant to this section, unless the gas seller demonstrates that it has taken all reasonable actions under its control, as set forth in subdivision (e), to achieve full compliance. (g) On or before January 1, 2017, the state board shall issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses, including, but not limited to, electricity generation, transportation fuels, heating and industrial uses, and as a source of renewable hydrogen for fuel cells. The analysis shall include an assessment of other public health and environmental benefits, including benefits to disadvantaged communities, air and water quality, soil improvement, and wildfire reduction. SEC. 3. Section 25327 is added to the Public Resources Code, to read: 25327. (a) For purposes of this section, “renewable gas” has the same meaning as defined in Section 39735 of the Health and Safety Code. (b) On or before January 1, 2018, the commission shall provide an assessment of the following to the State Air Resources Board and the Legislature: (1) Opportunities to colocate renewable gas production with existing vehicle fleets and other transportation fueling opportunities. (2) Renewable energy production sites that can use the renewable gas onsite to reduce fossil fuel gas consumption for generation of electricity, heating, cooling, or other purposes. (3) Renewable energy production sites that can cost effectively interconnect to common carrier gas pipelines. (4) Recommendations to reduce the costs of pipeline interconnection for renewable gas projects in California. (c) The assessment to be submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (d) Consistent with Section 10231.5 of the Government Code, this Section section is repealed on January 1, 2020.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions level in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The act authorizes the state board to adopt market-based compliance mechanisms, as defined, meeting specified requirements. Existing law requires the state board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law requires the commission to adopt policies and programs that promote the in-state production and distribution of biomethane, as defined, that facilitate the development of a variety of sources of in-state biomethane. Existing law requires the commission to adopt pipeline access rules that ensure that each gas corporation provides nondiscriminatory open access to its gas pipeline system to any party for the purposes of physically interconnecting with the gas pipeline system and effectuating the delivery of gas. The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to prepare an integrated energy policy report on or before November 1, 2003, and every 2 years thereafter. The act requires the report to contain an overview of major energy trends and issues facing the state, including, but not limited to, supply, demand, pricing, reliability, efficiency, and impacts on public health and safety, the economy, resources, and the environment. Existing law requires the State Energy Resources Conservation and Development Commission to hold public hearings to identify impediments that limit procurement of biomethane in California, including, but not limited to, impediments to interconnection and to offer solutions to those impediments as part of the integrated energy policy report. This bill would require the state board, on or before June 30, 2016, 2017, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to adopt a carbon-based renewable gas standard, as defined and specified, that requires all gas sellers, as defined, to provide specified percentages of renewable gas meeting certain deliverability requirements, to retail end-use customers for use in California, that increases over specified compliance periods. The bill would authorize the state board to waive enforcement of the renewable gas standard upon certain showings being made by a gas seller. The bill would require the state board, on or before January 1, 2017, to issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses. The bill would require the State Energy Resources Conservation and Development Commission to provide the state board and the Legislature with an assessment of specified matter pertaining to renewable gas by January 1, 2018.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California has enacted numerous policies to reduce emissions of greenhouse gases and to increase the use of renewable energy resources and renewable fuels, including the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code), the low carbon fuel standard (Executive Order S-01-07 (January 19, 2007); Title 17 California Code of Regulations Sections 95480 to 95490, inclusive), and the state’s comprehensive strategy to reduce emissions of short-lived climate pollutants (Section 39730 of the Health and Safety Code). (b) Use of natural gas causes more than one-quarter of all emissions of greenhouse gases in California. Wildfires cause more than one-half of all black carbon emissions, and organic waste is responsible for three of the state’s five largest sources of methane emissions. (c) Capturing and using methane gas from renewable sources (renewable gas) can significantly reduce emissions of greenhouse gases from fossil fuel use, organic waste, wildfires, and petroleum-based fertilizers. Using renewable gas in place of just 10 percent of California’s fossil fuel derived gas supply would reduce emissions of greenhouse gases by tens of millions of metric tons of carbon dioxide equivalent emissions per year. Renewable gas generated from organic waste provides the lowest carbon transportation fuels in existence and can provide low carbon, flexible fuel for the generation of electricity. (d) Increasing use of renewable gas in California will protect disadvantaged communities by reducing air and water pollution from fossil fuel refining and combustion. Renewable gas used in place of diesel in heavy-duty vehicles will protect public health by reducing toxic air contaminants. (e) Renewable gas provides significant economic benefits to California, including job creation, an in-state source of gas, increased energy security, revenue and energy for public agencies, and revenue for dairies, farms, rural forest communities, and other areas. (f) It is in the interest of the state to establish a renewable gas standard that will diversify and decarbonize California’s gas supply, to provide lower carbon gas for electricity generation, transportation fuels, heating, and industrial purposes. (g) A renewable gas standard will reduce emissions of greenhouse gases from the oil and gas sector and from the solid waste, food and agriculture, water and wastewater, and forestry sectors. It will increase in-state gas supplies and provide jobs and increased energy security for California. (h) A renewable gas standard will help California to meet the waste diversion requirements of Section 41781.3, Article 1 (commencing with Section 41780) of Chapter 6 of Part 2 of, and Chapter 12.9 (commencing with Section 42649.8) of Part 3 of, Division 30 of the Public Resources Code, by using diverted organic waste to produce renewable gas. SEC. 2. Section 39735 is added to the Health and Safety Code, to read: 39735. (a) For purposes of this section, the following terms have the following meanings: (1) “Biogas” means gas that is generated from organic waste or other organic materials, through anaerobic digestion, gasification, pyrolysis, or other technology that converts organic waste to gas. Biogas may be produced from, but not limited to, any of the following sources: (A) Agricultural waste remaining after all reasonably usable food content is extracted. (B) Forest waste produced from sustainable forest management practices. (C) Landfill gas. (D) Wastewater treatment gas and biosolids. (E) Diverted organic waste, if the waste is separated and processed to (i) enhance the recovery of recyclable materials and (ii) minimize air emissions and residual wastes in accordance with applicable standards. (2) “Eligible feedstock” means organic waste or other sustainably produced organic material and electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (3) “Gas seller” means a gas corporation, as defined by Section 222 of the Public Utilities Code, or another entity authorized to sell natural gas pursuant to natural gas restructuring (Chapter 2.2 (commencing with Section 328) of Part 1 of Division 1 of the Public Utilities Code), including sales to core and noncore customers pursuant to natural gas restructuring. (4) “Renewable gas” means gas that is generated from organic waste or other renewable sources, including electricity generated by an eligible renewable energy resource meeting the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). Renewable gas includes biogas and synthetic natural gas generated from an eligible feedstock. (5) “Renewable gas standard” means the quantity of renewable gas that a gas seller is required to provide to retail end-use customers for use in California for each compliance period set forth in subdivision (b). (b) (1) On or before June 30, 2016, 2017, the state board, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, shall adopt a carbon-based renewable gas standard that requires all gas sellers to provide specified percentages of renewable gas to retail end-use customers for use in California. Each gas seller shall procure a minimum quantity of renewable gas for each of the following compliance periods: (A) January 1, 2016, June 30, 2017, to December 31, 2019, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 1 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (B) January 1, 2020, to December 31, 2022, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 3 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (C) January 1, 2023, to December 31, 2024, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 5 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (D) January 1, 2025, to December 31, 2029, inclusive. The state board shall require a gas seller to make reasonable progress sufficient to ensure that by the end of the compliance period not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (E) January 1, 2030, and thereafter. The state board shall require a gas seller to ensure that not less than 10 percent of the gas supplied to retail end-use customers for use in California is renewable gas. (2) Gas sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. (c) Only renewable gas that meets any of the following conditions shall count toward meeting the procurement requirements of the renewable gas standard: (1) The renewable gas is used onsite by an end-use customer in California. (2) The renewable gas is used by an end-use customer in California and delivered through a dedicated pipeline. (3) The renewable gas is delivered to end-use customers in California through a common carrier pipeline and meets all of the following requirements: (A) The source of renewable gas injects the renewable gas into a common carrier pipeline that physically flows within California or toward the end-use customers for which the renewable gas was procured under the purchase contract. (B) The source of renewable gas did not inject the renewable gas into a common carrier pipeline prior to March 29, 2012, or the source commenced injection of sufficient incremental quantities of renewable gas after March 29, 2012, to satisfy the purchase contract requirements. (C) The seller or purchaser of the renewable gas demonstrates that the capture and injection of renewable gas into a common carrier pipeline directly results in at least one of the following environmental benefits to California: (i) The reduction or avoidance of the emission of any criteria air pollutant in California. (ii) The reduction or avoidance of pollutants that could have an adverse impact on waters of the state. (iii) The alleviation of a local nuisance within California that is associated with the emission of odors. (d) In adopting the renewable gas standard, the state board shall do all of the following: (1) Notify all gas sellers in California of, and how to comply with, the renewable gas standard procurement requirements. The State Board of Equalization may supply the state board with information obtained as a result of its collection of the natural gas surcharge pursuant to Article 10 (commencing with Section 890) of Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to assist the state board in identifying those gas sellers that are not gas corporations, as defined in Section 222 of the Public Utilities Code. The Public Utilities Commission shall notify the state board of each gas corporation that provides gas service to end-use customers in California. (2) Maintain and publicize a list of eligible renewable gas providers. For these purposes, an eligible renewable gas provider means any person or corporation that is able to supply renewable gas meeting the deliverability requirements of subdivision (c). (3) Adopt a flexible compliance mechanism, such as tradable renewable gas credits, to increase market flexibility and reduce costs of compliance. If the state board adopts tradable renewable gas credits, those credits shall be based on the carbon intensity of the renewable gas and shall give equal value to renewable gas that is used onsite and renewable gas that is injected into a common carrier pipeline. The flexible compliance mechanism shall also allow for credit banking and borrowing. The state board shall consult with the State Energy Resources Conservation and Development Commission in developing any system for tradable renewable gas credits. (4) The state board shall consult with the Public Utilities Commission in the development of regulations to implement the renewable gas standard as they affect gas corporations, subject to regulation as public utilities by the commission, in order to minimize duplicative reporting or regulatory requirements. (5) In consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, adopt a coordinated investment plan to ensure that moneys made available from revenues derived through adoption of a market-based compliance mechanism or through the Alternative and Renewable Fuel and Vehicle Technology Program or Air Quality Improvement Program, are used to reduce the costs to implement the renewable gas standard, including the costs of pipeline injection. (e) The state board shall waive enforcement of this section if it finds that the gas seller has demonstrated either of the following conditions are beyond the control of the gas seller and will prevent compliance: (1) Permitting or other circumstances that delay renewable gas projects, or there is an insufficient supply of renewable gas resources available to the gas seller. In making a finding that this condition prevents timely compliance, the state board shall consider whether the gas seller has done all of the following: (A) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. (B) Sought to develop its own renewable gas resources, pipelines, or pipeline interconnections to secure renewable gas resources. (C) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables gas standard to compensate for foreseeable delays or insufficient supply. (D) Taken reasonable measures, under the control of the gas seller, to procure allowable tradable renewable gas credits. (2) There is a disproportionate impact on commodity rates. The state board, in consultation with the Public Utilities Commission, shall establish a limitation for each gas seller on the expenditures for all renewable gas used to comply with the renewable gas standard. This limitation shall be set at a level that prevents disproportionate commodity rate impacts. In determining whether commodity rate impacts are disproportionate, the state board may consider the extent to which procurement required under this section results in a reduction in compliance costs for any other state obligation and may consider the availability of other incentives and credits that reduce the costs to ratepayers and noncore customers. If the cost limitation is insufficient to support the projected costs of meeting the renewable gas standard requirements, the gas seller may refrain from procuring quantities in excess of those that can be procured within the limitation. (f) (1) If the state board waives any compliance requirements of this section, the state board shall establish additional reporting requirements on the gas seller to demonstrate that all reasonable actions under the control of the gas seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. (2) The board shall not waive enforcement pursuant to this section, unless the gas seller demonstrates that it has taken all reasonable actions under its control, as set forth in subdivision (e), to achieve full compliance. (g) On or before January 1, 2017, the state board shall issue an analysis of the lifecycle emissions of greenhouse gases and reductions for different biogas types and end uses, including, but not limited to, electricity generation, transportation fuels, heating and industrial uses, and as a source of renewable hydrogen for fuel cells. The analysis shall include an assessment of other public health and environmental benefits, including benefits to disadvantaged communities, air and water quality, soil improvement, and wildfire reduction. SEC. 3. Section 25327 is added to the Public Resources Code, to read: 25327. (a) For purposes of this section, “renewable gas” has the same meaning as defined in Section 39735 of the Health and Safety Code. (b) On or before January 1, 2018, the commission shall provide an assessment of the following to the State Air Resources Board and the Legislature: (1) Opportunities to colocate renewable gas production with existing vehicle fleets and other transportation fueling opportunities. (2) Renewable energy production sites that can use the renewable gas onsite to reduce fossil fuel gas consumption for generation of electricity, heating, cooling, or other purposes. (3) Renewable energy production sites that can cost effectively interconnect to common carrier gas pipelines. (4) Recommendations to reduce the costs of pipeline interconnection for renewable gas projects in California. (c) The assessment to be submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (d) Consistent with Section 10231.5 of the Government Code, this Section section is repealed on January 1, 2020. ### Summary: This bill establishes a renewable gas standard for gas sellers in California. The bill requires the California Air Resources Board to adopt a renewable gas standard that requires gas sellers to

The people of the State of California do enact as follows: SECTION 1. Section 51 of the Revenue and Taxation Code is amended to read: 51. (a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: (A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. (B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (D) The percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. (E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence, including so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified veteran who is 65 years of age or older on the lien date and was honorably discharged from military service. (ii) For the purpose of this subparagraph, “qualified veteran” means a person who meets the following criteria: (I) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. (II) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is less than fifty thousand dollars ($50,000). ($50,000) or less. (III) If the qualified veteran is married, his or her annual household combined annual income, as defined in Section 20504, is less than one hundred thousand dollars ($100,000). ($100,000) or less. (iii) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. (2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. (b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: (1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). (2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. (c) If the real property was damaged or destroyed by disaster, misfortune or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. (d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. (e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. SEC. 2. Section 205.5 of the Revenue and Taxation Code is amended to read: 205.5. (a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (b) (1) For purposes of this section, “veteran” means either of the following: (A) A veteran as specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. (B) A person who would qualify as a veteran pursuant to paragraph (1) subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, as determined by the United States Department of Veterans Affairs, died while on active duty in military service. (2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For the purposes of this paragraph, a family member that resides at the residence is not a third party. (c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: (A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. (B) The veteran died from a disease that was service-connected, as determined by the United States Department of Veterans Affairs. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (2) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (3) Property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. (d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: (1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. (2) Property owned by the veteran or the veteran’s spouse as separate property. (3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. (4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. (5) That portion of the property of a corporation that constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. (e) For purposes of this section, the following definitions shall apply: (1) “Being blind in both eyes” means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less. (2) “Lost the use of two or more limbs” means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis. (3) “Totally disabled” means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. (f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. (g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates on and after January 1, 2017. SEC. 3. Section 5813 of the Revenue and Taxation Code is amended to read: 5813. (a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, that any percentage increase shall not exceed 2 percent of the prior year’s value. (2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value. (3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired or reconstructed or other provisions of law require establishment of a new base year value. (b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified veteran who owns a manufactured home as his or her principal place of residence and who is 65 years of age or older on the lien date and was honorably discharged from military service. (2) For the purpose of this subdivision, “qualified veteran” means a person who meets the following criteria: (A) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. (B) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. (C) If the qualified veteran is married, his or her combined annual household income, as defined in Section 20504, is one hundred thousand dollars ($100,000) or less. (3) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. SEC. 4. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 6. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

(1) The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value, as defined, of that property, and provides that the full cash value base may be adjusted each year by the inflationary rate not to exceed 2% for any given year. Existing property tax law implementing this constitutional authority provides that the taxable value of real property is the lesser of its base year value compounded annually by an inflation factor not to exceed 2%, as provided, or its full cash value. Existing property tax law also provides that the taxable value of a manufactured home is the lesser of its base year value compounded annually by an inflation factor not to exceed 2% or its full cash value. This bill, for any assessment year commencing on or after January 1, 2017, would provide that the inflation factor shall not apply to the principal place of residence, including a manufactured home, of a qualified veteran, as defined, who is 65 years of age or older on the lien date, was honorably discharged from military service, and meets specified requirements. By changing the manner in which local tax officials calculate the taxable value of real property owned by senior veterans, this bill would impose a state-mandated local program. (2) Existing property tax law provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. Existing law exempts that part of the full value of the residence that does not exceed $100,000, or $150,000, if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation, as specified. This bill, for property tax lien dates on an after January 1, 2017, would instead exempt the full value of the principal place of residence of a veteran or veteran’s spouse if the veteran’s or spouse’s household income does not exceed $40,000, adjusted for inflation. The bill would also make technical and conforming changes to the disabled veteran’s property tax exemption. By changing the manner in which local tax officials administer the disabled veteran’s property tax exemption, this bill would impose a state-mandated local program. (3) Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (5) This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 51 of the Revenue and Taxation Code is amended to read: 51. (a) For purposes of subdivision (b) of Section 2 of Article XIII A of the California Constitution, for each lien date after the lien date in which the base year value is determined pursuant to Section 110.1, the taxable value of real property shall, except as otherwise provided in subdivision (b) or (c), be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be determined as follows: (A) For any assessment year commencing prior to January 1, 1985, the inflation factor shall be the percentage change in the cost of living, as defined in Section 2212. (B) For any assessment year commencing after January 1, 1985, and prior to January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from December of the prior fiscal year to December of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (C) For any assessment year commencing on or after January 1, 1998, the inflation factor shall be the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (D) The percentage increase for an assessment year determined pursuant to subparagraph (A), (B), or (C) shall not exceed 2 percent of the prior year’s value. (E) (i) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for any assessment year determined pursuant to subparagraph (A), (B), or (C) shall not apply to the principal place of residence, including so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, of a qualified veteran who is 65 years of age or older on the lien date and was honorably discharged from military service. (ii) For the purpose of this subparagraph, “qualified veteran” means a person who meets the following criteria: (I) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. (II) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is less than fifty thousand dollars ($50,000). ($50,000) or less. (III) If the qualified veteran is married, his or her annual household combined annual income, as defined in Section 20504, is less than one hundred thousand dollars ($100,000). ($100,000) or less. (iii) When claiming the benefit provided by this subparagraph, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subparagraph. (2) Its full cash value, as defined in Section 110, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a decline in value. (b) If the real property was damaged or destroyed by disaster, misfortune, or calamity and the board of supervisors of the county in which the real property is located has not adopted an ordinance pursuant to Section 170, or any portion of the real property has been removed by voluntary action by the taxpayer, the taxable value of the property shall be the sum of the following: (1) The lesser of its base year value of land determined under paragraph (1) of subdivision (a) or full cash value of land determined pursuant to paragraph (2) of subdivision (a). (2) The lesser of its base year value of improvements determined pursuant to paragraph (1) of subdivision (a) or the full cash value of improvements determined pursuant to paragraph (2) of subdivision (a). In applying this subdivision, the base year value of the subject real property does not include that portion of the previous base year value of that property that was attributable to any portion of the property that has been destroyed or removed. The sum determined under this subdivision shall then become the base year value of the real property until that property is restored, repaired, or reconstructed or other provisions of law require establishment of a new base year value. (c) If the real property was damaged or destroyed by disaster, misfortune or calamity and the board of supervisors in the county in which the real property is located has adopted an ordinance pursuant to Section 170, the taxable value of the real property shall be its assessed value as computed pursuant to Section 170. (d) For purposes of this section, “real property” means that appraisal unit that persons in the marketplace commonly buy and sell as a unit, or that is normally valued separately. (e) Nothing in this section shall be construed to require the assessor to make an annual reappraisal of all assessable property. However, for each lien date after the first lien date for which the taxable value of property is reduced pursuant to paragraph (2) of subdivision (a), the value of that property shall be annually reappraised at its full cash value as defined in Section 110 until that value exceeds the value determined pursuant to paragraph (1) of subdivision (a). In no event shall the assessor condition the implementation of the preceding sentence in any year upon the filing of an assessment appeal. SEC. 2. Section 205.5 of the Revenue and Taxation Code is amended to read: 205.5. (a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (b) (1) For purposes of this section, “veteran” means either of the following: (A) A veteran as specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. (B) A person who would qualify as a veteran pursuant to paragraph (1) subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, as determined by the United States Department of Veterans Affairs, died while on active duty in military service. (2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For the purposes of this paragraph, a family member that resides at the residence is not a third party. (c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: (A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. (B) The veteran died from a disease that was service-connected, as determined by the United States Department of Veterans Affairs. The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (2) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one-hundred-thousand-dollar ($100,000) exemption shall be the full value of the property in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (3) Property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. (d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: (1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. (2) Property owned by the veteran or the veteran’s spouse as separate property. (3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. (4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. (5) That portion of the property of a corporation that constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. (e) For purposes of this section, the following definitions shall apply: (1) “Being blind in both eyes” means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less. (2) “Lost the use of two or more limbs” means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis. (3) “Totally disabled” means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. (f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. (g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates on and after January 1, 2017. SEC. 3. Section 5813 of the Revenue and Taxation Code is amended to read: 5813. (a) For each lien date after the lien date for which the base year value is determined, the taxable value of a manufactured home shall be the lesser of: (1) Its base year value, compounded annually since the base year by an inflation factor, which shall be the percentage change in the cost of living, as defined in Section 51, provided, that any percentage increase shall not exceed 2 percent of the prior year’s value. (2) Its full cash value, as defined in Section 5803, as of the lien date, taking into account reductions in value due to damage, destruction, depreciation, obsolescence, or other factors causing a decline in value. (3) If the manufactured home is damaged or destroyed by disaster, misfortune, or calamity, its value determined pursuant to paragraph (2) shall be its base year value until the manufactured home is restored, repaired or reconstructed or other provisions of law require establishment of a new base year value. (b) (1) Notwithstanding any other law, for any assessment year commencing on or after January 1, 2017, the percentage increase for an assessment year determined pursuant to paragraph (1) of subdivision (a) shall not apply to the principal place of residence of a qualified veteran who owns a manufactured home as his or her principal place of residence and who is 65 years of age or older on the lien date and was honorably discharged from military service. (2) For the purpose of this subdivision, “qualified veteran” means a person who meets the following criteria: (A) He or she meets the criteria specified in subdivision (o) of Section 3 of Article XIII of the California Constitution, except for the limitation on the value of property owned by the veteran or the veteran’s spouse. (B) If the qualified veteran is single, his or her annual household income, as defined in Section 20504, is fifty thousand dollars ($50,000) or less. (C) If the qualified veteran is married, his or her combined annual household income, as defined in Section 20504, is one hundred thousand dollars ($100,000) or less. (3) When claiming the benefit provided by this subdivision, the claimant shall provide all information required by, and answer all questions contained in, an affidavit furnished by the assessor to determine that the claimant is a qualified veteran. The assessor may require additional proof of the information or answers provided in the affidavit before allowing the benefit provided by this subdivision. SEC. 4. Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 6. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1797.172 of the Health and Safety Code is amended to read: 1797.172. (a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P. (b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency. (c) Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in pursuant to subdivision (d) (i) of Section 1798.200. Each application for licensure or licensure renewal shall require the applicant’s social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure. (d) The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authority’s licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority’s EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority’s licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority’s EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services: (1) Initial application for licensure as an EMT-P. (2) Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as including, but not limited to, on-demand electronic testing. (3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation. (4) Out-of-state training equivalency determination. (5) Verification of continuing education for a lapse in licensure. (6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authority’s actual total cost for the EMT-P licensure program. (e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information. (f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any an entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe.

Under existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, the Emergency Medical Services Authority is responsible for establishing minimum standards and promulgating regulations for the training and scope of practice for emergency medical technician-paramedic (EMT-P). This bill would make technical, nonsubstantive changes to these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1797.172 of the Health and Safety Code is amended to read: 1797.172. (a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P. (b) The approval of the director, in consultation with a committee of local EMS medical directors named by the EMS Medical Directors Association of California, is required prior to implementation of any addition to a local optional scope of practice for EMT-Ps proposed by the medical director of a local EMS agency. (c) Notwithstanding any other provision of law, the authority shall be the agency solely responsible for licensure and licensure renewal of EMT-Ps who meet the standards and are not precluded from licensure because of any of the reasons listed in pursuant to subdivision (d) (i) of Section 1798.200. Each application for licensure or licensure renewal shall require the applicant’s social security number in order to establish the identity of the applicant. The information obtained as a result of a state and federal level criminal offender record information search shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure or licensure renewal pursuant to this division. Submission of fingerprint images to the Department of Justice may not be required for licensure renewal upon determination by the authority that fingerprint images have previously been submitted to the Department of Justice during initial licensure, or a previous licensure renewal, provided that the license has not lapsed and the applicant has resided continuously in the state since the initial licensure. (d) The authority shall charge fees for the licensure and licensure renewal of EMT-Ps in an amount sufficient to support the authority’s licensure program at a level that ensures the qualifications of the individuals licensed to provide quality care. The basic fee for licensure or licensure renewal of an EMT-P shall not exceed one hundred twenty-five dollars ($125) until the adoption of regulations that specify a different amount that does not exceed the authority’s EMT-P licensure, license renewal, and enforcement programs. The authority shall annually evaluate fees to determine if the fee is sufficient to fund the actual costs of the authority’s licensure, licensure renewal, and enforcement programs. If the evaluation shows that the fees are excessive or are insufficient to fund the actual costs of the authority’s EMT-P licensure, licensure renewal, and enforcement programs, then the fees shall be adjusted accordingly through the rulemaking process described in the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Separate additional fees may be charged, at the option of the authority, for services that are not shared by all applicants for licensure and licensure renewal, including, but not limited to, any of the following services: (1) Initial application for licensure as an EMT-P. (2) Competency testing, the fee for which shall not exceed thirty dollars ($30), except that an additional fee may be charged for the cost of any services that provide enhanced availability of the exam for the convenience of the EMT-P, such as including, but not limited to, on-demand electronic testing. (3) Fingerprint and criminal record check. The applicant shall, if applicable according to subdivision (c), submit fingerprint images and related information for criminal offender record information searches with the Department of Justice and the Federal Bureau of Investigation. (4) Out-of-state training equivalency determination. (5) Verification of continuing education for a lapse in licensure. (6) Replacement of a lost licensure card. The fees charged for individual services shall be set so that the total fees charged to EMT-Ps shall not exceed the authority’s actual total cost for the EMT-P licensure program. (e) The authority may provide nonconfidential, nonpersonal information relating to EMS programs to interested persons upon request, and may establish and assess fees for the provision of this information. These fees shall not exceed the costs of providing the information. (f) At the option of the authority, fees may be collected for the authority by an entity that contracts with the authority to provide any of the services associated with the EMT-P program. All fees collected for the authority in a calendar month by any an entity designated by the authority pursuant to this section to collect fees for the authority shall be transmitted to the authority for deposit into the Emergency Medical Services Personnel Fund within 30 calendar days following the last day of the calendar month in which the fees were received by the designated entity, unless the contract between the entity and the authority specifies a different timeframe. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17<bos><bos>